Common use of Surrender Clause in Contracts

Surrender. At the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 2 contracts

Sources: Lease Agreement (Altus Pharmaceuticals Inc.), Office Lease (Altus Pharmaceuticals Inc.)

Surrender. At Not later than the Expiration Date, Subtenant shall quit and surrender to Sublandlord the Demised Premises, broom clean and in as good order and condition as they were on the Commencement Date and, to the extent excepted under the Prime Lease, excepting ordinary wear and tear, acts of God, casualty, condemnation, and alterations with respect to which neither Sublandlord nor Prime Landlord has a right to require removal, or the payment of the costs of removal, as set forth in this Sublease or the Prime Lease. In connection with the foregoing, Subtenant shall remove from the Demised Premises all of its property including, without limitation, the Furniture (subject to Section 7 above), the Fitness Equipment and the Cafeteria Equipment. In addition, and notwithstanding anything to the contrary in Section 9 of this Sublease, Subtenant hereby expressly assumes all restoration and removal obligations of “Tenant” under the Prime Lease, including, without limitation, the obligation to pay for the removal of any Alterations and other improvements from the Demised Premises to the extent Sublandlord is required to make such payments to Prime Landlord pursuant to the terms of the Prime Lease. Subtenant’s obligations to perform and observe the foregoing covenants shall survive the expiration or other termination of the Term or earlier termination of this LeaseSublease. If the last day of this Sublease shall fall on a Saturday, without Sunday or legal holiday, this Sublease shall expire on the requirement last business day preceding such last day, provided, however, that if Subtenant and Prime Landlord have executed and delivered a direct lease with a commencement date immediately following the Expiration Date and Prime Landlord has signed and delivered to Sublandlord a written waiver of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereofobligations of Tenant under the Prime Lease to comply with the obligations described in the foregoing provisions, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which Subtenant shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always not be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance comply with the provisions of this Section 5.10Section, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises may remain in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any Demised Premises through the last day of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed term of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordPrime Lease.

Appears in 2 contracts

Sources: Sub Sublease (Reliant Technologies Inc), Sublease Agreement (Mercury Interactive Corp)

Surrender. At Upon the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereofTenant Improvements and Alterations to Landlord broom-clean and in their original condition, including carpetingexcept for reasonable wear and tear, damage from casualty or condemnation and any water changes resulting from approved Alterations; provided, however, that prior to the expiration or electricity meterstermination 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, Trade Fixtures and Alterations that Tenant has the right or is required by Landlord to remove under the provisions of this Lease (except as expressly provided for otherwise in Section 6.1), and all fixtures and partitionsrepair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, in any way bolted or otherwise attached to Landlord shall have the Premises right (which shall become the property of Landlordbut no obligation) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling)the same, and Tenant shall leave pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises and improvements in for the condition in which period from the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at 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 termination, remove the goods, effects and fixtures which Tenant is directed all or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any portion of such goods, effects, property if Tenant does not pay all such costs and fixtures retrieve the property within ten (10) days after notice by from Landlord (in which event title to all such property described in Landlord, the same ’s notice shall be deemed abandoned by transferred to and vest in Landlord). Tenant and may be disposed waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of by Landlord at Tenant’s expenseany such property. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms Upon expiration or termination of this Lease then Landlord may, without notice, store or of Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of possession, whichever is earliest, Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds shall surrender all keys to the earliest Premises or any other part of installments the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of Rent 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 other charges owing Landlordtermination of this Lease.

Appears in 2 contracts

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

Surrender. At the Section 15.01. Lessee shall, upon any expiration of the Term or earlier termination of this Lease, without remove all of Lessee’s goods and effects from the requirement of Demised Premises, and any noticealterations and additions which Lessor requires removal, Tenant and Lessee shall repair any damage caused by such removal and restore the Demised Premises to the same condition it was in prior to such alterations or additions, reasonable wear and tear only excepted. Lessee shall peaceably vacate and surrender to the Lessor the Demised Premises including and deliver all keys and locks thereto, and all alterations and additions thereto and all replacements thereof, including carpeting, any water made to or electricity meters, and all fixtures and partitionsupon the Demised Premises unless Lessor requires removal of the same, in any way bolted or the same condition as they were at the Term Commencement Date (except as otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions provided in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cablingthis Lease), and Tenant shall leave or as they were put in during the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1term hereof, subject to reasonable wear and tear and damage by casualtyinsured fire or other unavoidable casualty or taking or condemnation by public authority or as a result of Lessor’s negligence only excepted. Tenant shall, at In the time event of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail Lessee’s failure to remove any of such goodsLessee’s property from the Demised Premises, effectsafter the expiration or earlier termination of the Lease Term, Lessor is hereby authorized, without liability to Lessee for loss or damage there at, and fixtures within ten at the sole risk of Lessee, to remove and store any of the property at Lessee’s expense, or to retain same under Lessor’s control or to sell at public or private sale, after thirty (1030) days after notice by Landlordto Lessee at its address last known to Lessor, any or all of the same shall be deemed abandoned by Tenant property not so removed and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds of such sale to the earliest payment of installments any sum due hereunder, or to destroy such property. If Lessee holds over at the Demised Premises, Lessee shall be a lessee at sufferance and shall be liable for payment of Base Rent at the rate equal to the greater of (a) one hundred fifty percent (150%) of the Base Rent most recently payable for the first thirty (30) days of any such holdover, and two hundred percent (200%) of such Base Rent thereafter, or (b) the then fair market rent for the Demised Premises as determined by Lessor, and in any event plus all Additional Rent, and Lessee shall be and remain liable to Lessor for all damage, loss and cost incurred by Lessor, including reasonable attorneys’ fees, as a result of such holding over by Lessee, but expressly excluding consequential damages other charges owing Landlordthan actual damages sustained by Lessor in the nature of lost rent. The foregoing shall not in any way prejudice Lessor’s right to seek recovery of the Demised Premises.

Appears in 2 contracts

Sources: Lease Agreement (Radius Health, Inc.), Lease Agreement (Radius Health, Inc.)

Surrender. At Concessionaire agrees that at 12:00 noon on the expiration of Expiration Date, or on the Term or earlier sooner termination of this LeaseAgreement, without the requirement of any notice, Tenant Concessionaire shall peaceably surrender the Premises including to City (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all alterations and additions thereto and all replacements thereof, including carpetinginterior walls repaired, any water or electricity meterscarpets cleaned, and all fixtures floors cleaned and partitionswaxed, in and (b) free of any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions Hazardous Materials in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant Article XV. Normal wear and tear shall not be obligated to include any damage or deterioration that would have been prevented by proper maintenance by Concessionaire or Concessionaire otherwise performing all of its obligations under this Agreement. On or before the expiration or sooner termination of this Agreement, (i) Concessionaire shall remove all of Concessionaire's personal property, all Telecommunications Facilities (hereinafter defined) installed in the Premises or elsewhere in the Airport by or on behalf of the Concessionaire (provided City may require such removal shall be performed by a portion of such cablingcontractor or telecom provider designated by City), and Tenant Concessionaire's signage from the Premises, and Concessionaire shall leave repair any damage caused by such removal, and (ii) City may, by notice to Concessionaire given not later than ninety (90) days prior to the Premises and improvements Expiration Date (except in the condition event of a termination of this Agreement prior to the scheduled Expiration Date, in which the same are required to event no advance notice shall be maintained under Section 5.1required), subject to reasonable wear and tear and damage by casualty. Tenant shall, require Concessionaire at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail Concessionaire's expense to remove any or all Alterations and to repair any damage caused by such removal. Any of such goods, effects, and fixtures within ten (10) days after notice Concessionaire's personal property not so removed by Landlord, the same Concessionaire as required herein shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord City at Tenant’s Concessionaire's expense, and Concessionaire waives all Claims against City for any damages resulting from City's retention and disposition of such property; provided, however, that Concessionaire shall remain liable to City for all costs incurred in storing and disposing of such abandoned property of Concessionaire. In the event that Landlord terminates this Lease pursuant All improvements and Alterations except those which City requires Concessionaire to Section 7.1 and re-enters and possesses remove shall remain in the Premises in accordance with as the terms property of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordCity.

Appears in 2 contracts

Sources: Concession Agreement, Food & Beverage Concessions Agreement

Surrender. At Tenant agrees that on the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations premises to Landlord (a) in good condition and additions thereto and all replacements thereofrepair (damage by acts of God, including carpeting, any water or electricity metersfire, and all fixtures normal wear and partitionstear excepted), in any way bolted or and (b) otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cablingParagraph 33(b)(iii), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable . Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair, patch, repair and repaint to match any damage any damage caused by casualtysuch removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Tenant shallNotwithstanding the foregoing, Landlord shall notify Tenant, at the time of terminationLandlord’s consent, remove the goods, effects and fixtures which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise as required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same herein shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. In the event that All Tenant Improvements and Alterations except those which Landlord terminates this Lease pursuant requires Tenant to Section 7.1 and re-enters and possesses remove shall remain in the Premises in accordance with as the terms property of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 2 contracts

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

Surrender. At On the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all to Landlord (a) in broom-clean condition and in as good condition and repair as received (damage by acts of God, fire, condemnation, normal wear and tear, Hazardous Materials (other than those released or emitted by Tenant or Tenant’s Agents, alterations or other interior improvements which it is permitted to surrender at the termination of this Lease and additions thereto and all replacements thereofrepairs that Tenant is not responsible for under this Lease, including carpeting, any water or electricity metersexcepted), and all fixtures (b) otherwise in accordance with Paragraph 32(j). Normal wear and partitionstear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, in any way bolted on or otherwise attached to about the Premises (including any marks or stains on any portion of the floors) any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. In addition, on or before the expiration or sooner termination of this Lease, Tenant, at Tenant’s expense, shall remove the following items and repair any damage caused by such removal: (i) all of Tenant’s Property (as defined in Paragraph 15(b)) and Tenant’s signage from the Premises, the Building or the Project; (ii) any Specialty Alterations constructed pursuant to the Work Letter and designated for removal by Landlord pursuant to the Work Letter; and (iii) subject to the provisions of Paragraph 12(d), any Specialty Alterations made by or on behalf of Tenant and designated by Landlord for removal at the time Landlord consented to such Specialty Alterations. Tenant’s removal and disposal of items pursuant to this Paragraph 11 must comply with the Building’s Sustainability Practices and the applicable Green Building Standards, if any. All Tenant Improvements and Alterations, except those which Landlord requires Tenant to remove, shall become remain in the Premises as the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord. Any of Tenant’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Property not so removed by Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage governed by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to California Civil Code Sections 1980 et seq. and 1993 et seq. governing the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any disposal of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed lost or abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordproperty.

Appears in 2 contracts

Sources: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)

Surrender. a) At the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Term Tenant shall peaceably surrender promptly yield up the Premises including and all improvements, alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity metersthereto, and all fixtures and partitions, in any way bolted or otherwise attached to equipment servicing the Premises (in a condition which shall become the property is clean of Landlord) except for such alterations garbage and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations debris and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), broom clean and Tenant shall leave the Premises and improvements in the condition same condition, order and repair in which the same they are required to be maintained under Section 5.1kept throughout the Term, subject to reasonable ordinary wear and tear excepted. b) Tenant, upon three (3) months prior written notice to Landlord, Tenant may extend the Term, or if applicable, any renewal term, of the Lease for one (1) additional three (3) month period and damage during such period, all the terms and conditions of this Lease shall apply and Tenant shall pay Fixed Basic Rent at the rate then being paid by casualtyTenant. Tenant shallIf Tenant, or any person claiming through Tenant, continues to occupy the Premises after the expiration or earlier termination of the Term or any renewal thereof without prior written consent of Landlord, the tenancy under this Lease shall become, at the time option of terminationLandlord, remove expressed in a written notice to Tenant and not otherwise, either from month-to-month, terminable by Landlord on thirty (30) days prior notice, under the goodssame terms and conditions set forth in this Lease; except, effects however, that the Fixed Basic Rent during such continued occupancy shall be 150% of the amount set forth in subsection 6(a) and fixtures which Tenant is directed shall indemnify Landlord for any loss or permitted damage incurred by reason of Tenant's failure to remove in accordance with surrender the provisions of this Section 5.10, making any repairs Premises. Anything to the Premises contrary notwithstanding, any holding over by Tenant without Landlord's prior written consent shall constitute a default hereunder and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In subject to all the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises remedies set forth in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenantsubsection 26(b) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordhereof.

Appears in 2 contracts

Sources: Office Space Lease (Broadview Networks Holdings Inc), Office Space Lease (Broadview Networks Holdings Inc)

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of Tenant’s targeted date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the expiration Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Term or earlier termination Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, without and shall leave the requirement of any noticefloor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall peaceably surrender the Premises including all alterations to Landlord in as good order and additions thereto and all replacements thereofrepair as on the Commencement Date, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shallcasualty excepted, at the time free and clear of terminationall letting and occupancies and free of Tenant’s Hazardous Materials as required pursuant to Article 12, remove the goods, effects and fixtures which Tenant is directed or permitted to remove with all applicable closure requirements satisfied in accordance with Section 12.10, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures and other personal property) removed from the provisions Premises. Subject to Article 9, upon any termination of this Section 5.10Lease all improvements, making except for Tenant’s Property, shall automatically and without further act by Landlord or Tenant, become the property of Landlord, free and clear of any repairs claim or interest therein by Tenant, and without payment therefore by Landlord. Tenant acknowledges that it is aware of Landlord’s plans to redevelop the Property upon the termination of this Lease, and, therefore, if the Premises and other areas necessitated by such removal and leaving are not surrendered as of the Premises end of the Term in the manner and condition otherwise required by described in this Section 5.10. Should Tenant fail to remove any of such goods20.1, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and Landlord may be disposed of by Landlord at Tenant’s expensesuffer extensive damage. In the event that of such failure or delay, Tenant shall indemnify, defend, protect and hold Landlord terminates this Lease pursuant to Section 7.1 harmless from and re-enters against any and possesses all Losses resulting from or caused by Tenant’s delay or failure in so surrendering the Premises in accordance with the terms of this Lease then Landlord mayPremises, including, without noticelimitation, store Tenantany lost rents and any claims made by any succeeding tenant due to such delay or failure and any expense, loss or damage (including consequential and indirect damages) incurred by Landlord as a result of the delay in Landlord’s personal property (and those of any person claiming under Tenant) at redevelopment plans for the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordProperty.

Appears in 2 contracts

Sources: Commercial Lease (Carbylan Therapeutics, Inc.), Commercial Lease (Carbylan Therapeutics, Inc.)

Surrender. At Tenant agrees that on the expiration of the Term or earlier termination of this Lease, without Tenant shall surrender the requirement premises in the same condition as herein agreed they have been received, damage caused by war, earthquake and ordinary wear and tear excepted but with carpets vacuumed and other floors "broom clean". At the time of termination of this lease, Landlord may require any noticeor all of the alterations or additions installed by Tenant or by Landlord for the benefit of Tenant at Tenant's request to be removed and the premises restored to their original condition, whether or not said alterations or additions have become part of the premises under paragraph 11 hereof. Notwithstanding the foregoing, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always not be required to remove unless Landlord agrees, in its sole discretion, that the Tenant shall not be obligated to remove all or a portion Improvements made at the commencement of such cabling)the Term, and Tenant shall leave the Premises subsequent alterations and improvements in the condition in which the same are required unless (I) Tenant has not requested Landlord's consent to be maintained under Section 5.1them (whether or not such consent is required) or, subject to reasonable wear (II) Tenant has requested such consent and tear and damage by casualty. Tenant shallLandlord has notified Tenant, at the time of terminationTenant's request for consent that such removal will be required. Upon surrender of the premises, remove either at the goodsexpiration of the term or otherwise, effects and fixtures which Tenant is directed or permitted Lessee agrees to remove in accordance with all personal property and rubbish from the provisions premises; but if not so removed by Tenant, Landlord may have the same removed at Tenant's expense. All property of this Section 5.10Tenant not so removed, making any repairs unless such non-removal is consented to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant, provided that in such event Tenant shall remain liable to Landlord for all costs incurred in storing and may be disposed disposing of such abandoned property of Tenant. If the Premises are not surrendered at the end of the term or sooner termination of this lease, Tenant hereby indemnifies Landlord against loss or liability resulting from delay by Landlord at Tenant’s expenseTenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of surrender of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so electslease, Landlord may sell such personal property in accordance with shall have the previous sentence and apply the net proceeds option of terminating all existing sub-leases or of assigning said sub-leases to the earliest of installments of Rent or other charges owing Landlord.

Appears in 2 contracts

Sources: Sublease (MMC Networks Inc), Sub Lease Agreement (Globalcenter Inc)

Surrender. At (i) Upon the expiration or termination of the Term, Subtenant shall quit and surrender the Subleased Premises broom clean and in the same condition, order and repair as they were in at the Sublease Commencement Date, reasonable wear and tear, damage by casualty or condemnation and repairs that are the obligation of Prime Landlord and CardConnect excepted. (ii) Without limiting the foregoing, and in addition to the foregoing, if the Prime Landlord requires any alterations or improvements performed by Subtenant during the Sublease Term other than the Subtenant Improvements (which shall not be required to be removed) to be removed, such requirement to be disclosed no less than thirty (30) days prior to end of the Sublease Term, then Subtenant shall remove the same, at Subtenant’s sole cost and expense, prior to the expiration or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached Sublease. Notwithstanding anything herein to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingcontrary, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant Subtenant shall not be obligated responsible for any removal or restoration of any improvements or changes made by or on behalf of CardConnect prior to remove all or the Sublease Commencement Date. (iii) Section 28 of the Prime Lease regarding holdover is incorporated by reference herein and made a portion of part hereof and shall apply to this Sublease such cabling), and Tenant shall leave the Premises and improvements that references to “Landlord” in the condition in which the same are required to be maintained under such Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions 28 for purposes of this Sublease shall mean “CardConnect” and references to “Tenant” in such Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms 28 for purposes of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordSublease shall mean “Subtenant.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement (Nabriva Therapeutics AG)

Surrender. At Upon the expiration of this Sublease, or upon the Term or earlier termination of this Leasethe Sublease or of the Lessee's right to possession of the Premises, without Lessee will at once surrender and deliver up the requirement of any noticePremises, Tenant shall peaceably surrender the Premises including together with all alterations improvements thereon, to Lessor in good condition and additions thereto and all replacements thereofrepair, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and, subject to Section 21 of this Sublease, casualty damage excepted; conditions existing because of Lessee's failure to perform maintenance, repairs or replacements as required of Lessee under this Sublease shall not be deemed "reasonable wear and damage by casualtytear." Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from operations incident to the business of Lessee). Tenant shallLessee shall surrender to Lessor all keys to the Premises, at and make known to Lessor the time combination of termination, remove the goods, effects and fixtures all combination locks which Tenant Lessee is directed or permitted to leave on the Premises. All Alterations in or upon the Premises made by Lessee shall become a part of and shall remain upon the Premises, upon such termination without compensation, allowance or credit to Lessee; provided, however, Lessee shall remove any Alterations made by Lessee, or portion thereof to the extent Lessor may be required to do so by Prime Lessor. If Prime Lessor requires removal of any Alteration made by Lessee, or a portion thereof, and Lessee does not make such removal in accordance with this Section, Lessor may remove the provisions same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of this Section 5.10business of Lessee, making any repairs to or warehouse the Premises and other areas necessitated by such removal and leaving same. Lessee shall pay the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any reasonable costs of such goodsremoval, effectsrepair, delivery and fixtures warehousing within ten (10days) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed following receipt of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordLessor's documented invoice therefor.

Appears in 2 contracts

Sources: Sublease (Action Performance Companies Inc), Sublease Agreement (Integrated Information Systems Inc)

Surrender. At Tenant shall on the last day of the Term, or upon any earlier termination of this Lease, quit and peacefully surrender and deliver up the Premises to the possession and use of the Commission without delay and in good condition and repair, with ordinary wear and tear excepted. Tenant shall remove all signage, personal property and trade fixtures (including all equipment) of Tenant from the Premises prior to the date of termination or earlier expiration of this Lease, and shall repair any damage to the Premises caused by Tenant’s removal thereof. All such removal and repair required of Tenant pursuant to this Section 10.1 shall be at Tenant’s sole cost and expense. If Tenant fails to remove any items required to be removed by it hereunder, or fails to repair any resulting damage, prior to termination or earlier expiration of this Lease, then the Commission may remove said items and repair any resulting damage, and Tenant shall pay the cost of any such removal and repair, together with interest thereon at the Default Rate from and after the date such costs were incurred until the Commission’s receipt of full payment therefor. Upon or at any time after the expiration of the Term or earlier termination of this Lease, the Commission may, without the requirement of any further notice, Tenant shall peaceably surrender the Premises including all alterations enter upon and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave re-enter the Premises and improvements in possess and repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and may dispossess Tenant and remove Tenant and all other persons and property from the condition in which the same are required to be maintained under Section 5.1Premises, subject to reasonable wear and tear may have, hold and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to enjoy the Premises and other areas necessitated by such removal and leaving the Premises in right to receive all income from the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordsame.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Surrender. At 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 pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the 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 with respect to the last month of the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Property after the expiration or sooner termination of the Term of this Lease. If Tenant holds over in possession after the expiration or termination of the Term of the Lease, such holding over shall not be deemed to extend the Term or renew this Lease, but the tenancy thereafter shall continue as a tenancy from month to month upon the terms and 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 statute or equitable right in effect in the 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, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 2 contracts

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

Surrender. At (a) Upon the expiration of the Term or earlier termination of the Term of this Lease, without or surrender of the requirement Leased Property in accordance with Paragraph (d) of any noticeArticle 6 hereof, Tenant shall peaceably surrender the Premises including all alterations Leased Property to Landlord in the same condition and additions thereto and all replacements thereofsuitable for the same use in which the Leased Property was originally received from Landlord except as repaired, including carpeting, any water rebuilt or electricity metersaltered as required or permitted by this Lease (and/or except for such Casualty damage as Tenant shall not be required to repair or restore hereunder), and except for ordinary wear and tear. Tenant shall remove from the Leased Property on or prior to such expiration or earlier termination all fixtures of Tenant’s Equipment, except that agreed upon by Landlord and partitionsTenant in writing, in any way bolted or otherwise attached which agreement shall be entered into at least thirty (30) days prior to the Premises expiration or earlier termination of the Term of this Lease, and shall repair any damage caused by such removal. Property not so removed following ten (which 10) days’ written notice from Landlord shall become the property of Landlord, which may cause such property to be removed from the Leased Property 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. (b) except Except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions surrender upon the expiration or earlier termination of the Term of this Lease, or surrender of the Leased Property in accordance with Section 5.9 above Paragraph (other than cablingd) of Article 6 hereof, which Tenant shall always be required no surrender to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (or of the Leased Property shall be valid or effective unless agreed to and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property accepted in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing writing by Landlord.

Appears in 2 contracts

Sources: Lease Agreement (Gramercy Capital Corp), Lease Agreement (Gramercy Capital Corp)

Surrender. At On or before the expiration ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the Term or earlier termination estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, without and shall leave the requirement of any noticefloor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall peaceably surrender the Premises including all alterations to Landlord in good order and additions thereto and all replacements thereofrepair, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shallcasualty excepted, at the time free and clear of terminationall letting and occupancies and free of Tenant’s Hazardous Substances as required pursuant to Article 13, remove the goodswith all applicable closure requirements satisfied and completed, effects and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving personal property) removed from the Premises in the condition otherwise required by this Section 5.10Premises. Should Tenant fail Subject to remove Article 10, upon any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms termination of this Lease then Landlord mayall improvements, without notice, store except for Tenant’s personal Property, shall automatically and without further act by Landlord or Tenant, become the property (of Landlord, free and those clear of any person claiming under claim or interest therein by Tenant) at the expense , and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing without payment therefore by Landlord.

Appears in 2 contracts

Sources: Commercial Lease (Jazz Pharmaceuticals PLC), Commercial Lease (Jazz Pharmaceuticals PLC)

Surrender. At the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cablingremove), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualtycasualty subject to the provisions of Section 6.1. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 2 contracts

Sources: Consent to Sublease (Biofrontera AG), Consent to Sublease (Biofrontera AG)

Surrender. At Tenant agrees that on the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations to Landlord (a) in good condition and additions thereto and all replacements thereofrepair (excepting damage by acts of God, including carpetingfire, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable normal wear and tear and damage caused by casualty. Tenant shallLandlord, at the time of termination, remove the goods, effects and fixtures which unless such damage is covered by insurance Tenant is directed required to carry hereunder or permitted to remove otherwise has in effect), but with all interior walls repaired or cleaned, any carpets cleaned, all floors cleaned and waxed, vacuumed or re-sealed, as appropriate, all non-working light bulbs and ballasts replaced and all roll up doors, docks, dock levelers and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with the provisions Paragraph 32(h) of this Section 5.10, making Lease. Normal wear and tear shall not include any repairs damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the floors), and other areas necessitated any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises, the Building and the Project and repair any damage caused by such removal removal, and leaving (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Premises Expiration Date (except in the condition otherwise required by event of a termination of this Section 5.10. Should Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant fail at Tenant’s expense to remove any or all Alterations and/or the initial Tenant Improvements constructed and installed pursuant to Exhibit B hereto and to repair any damage caused by such removal. Any of such goods, effects, and fixtures within ten (10) days after notice Tenant’s Property not so removed by Landlord, the same Tenant as required herein shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. In the event that All Tenant Improvements and Alterations except those which Landlord terminates this Lease pursuant requires Tenant to Section 7.1 and re-enters and possesses remove shall remain in the Premises in accordance with as the terms property of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 2 contracts

Sources: Warehouse/Industrial Lease Agreement, Warehouse/Industrial Lease Agreement (Corsair Components, Inc.)

Surrender. At Prior to expiration of this Sublease, Sublessee shall remove all of its trade fixtures and shall surrender the Subleased Premises to Sublessor in the condition existing upon the delivery of possession of the Subleased Premises to Sublessee, free of hazardous materials caused by Sublessee and in the condition required by Section 2.6 the Master Lease (provided, however, that Sublessee shall not be required to remove or restore any alterations or improvements to the Premises made by or on behalf of Sublessor other than the basketball court installed by Sublessor in the parking area, but only if and to the extent such removal is required by Master Lessor under the Second Amendment to Master Lease), reasonable wear and tear, any alterations or improvements to the Subleased Premises made and paid for by Sublessee during the Term that Master Lessor agrees may be surrendered at the expiration of the Term, and damage caused by casualty or condemnation excepted. If the Subleased Premises are not so surrendered, then Sublessee shall be liable to Sublessor for all costs incurred by Sublessor in returning the Subleased Premises to the required condition, plus interest thereon at the Interest Rate. Notwithstanding the foregoing, if Sublessee has entered into a direct lease with Master Lessor (including, without limitation, pursuant to the exercise of Sublessee’s rights pursuant to Section 19 of the Master Lessor Consent (as defined below)) commencing concurrently with the expiration of the Term or earlier termination of this LeaseSublease, without Sublessee’s obligations to surrender possession of the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Subleased Premises in the condition otherwise required by under this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, Sublease on the same Expiration Date shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordexcused.

Appears in 2 contracts

Sources: Lease (Palo Alto Networks Inc), Sublease (Gigamon Inc.)

Surrender. At On the expiration Lease Expiration Date, Tenant, at its sole cost, shall return possession of the Term or earlier termination of Premises to Landlord in accordance with Tenant’s obligations under this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1described on Exhibit F attached hereto, subject to reasonable ordinary wear and tear and damage by casualtyfire or casualty excepted. Tenant shall, at the time Conditions existing as a result of termination, remove the goods, effects and fixtures which Tenant is directed or permitted (i) Tenant’s failure to remove in accordance with the provisions of this Section 5.10, making any repairs to Maintain the Premises and other areas necessitated by such removal and leaving or the Premises in the condition otherwise Project, as required by this Section 5.10. Should Tenant fail to remove any of such goodsLease, effects, and fixtures within ten (10ii) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant failure to Section 7.1 and re-enters and possesses the Premises in accordance with abide by the terms of this Lease or its default, or (iii) the presence of Hazardous Materials on, in, under or about the Premises, the Project or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises or the Project, shall not be deemed “ordinary wear and tear.” On or before the Lease Expiration Date, Tenant, at its sole cost, shall remove Tenant’s Property from the Project and repair all damage resulting from such removal and restore the Project to good order and condition, subject to the “Alterations; Liens” Section above. If Tenant fails to remove any of Tenant’s Property as required hereunder, then Landlord may, without notice, store may deem all or any part of Tenant’s personal property (and those Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord, and/or Landlord may at Tenant’s expense remove and/or dispose of any person claiming Tenant’s Property in any manner Landlord deems appropriate. If Tenant does not return possession of the Premises to Landlord in the condition required under Tenant) at the expense and risk of this Lease, Tenant or, if shall pay Landlord so elects, all resulting damages Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordsuffer.

Appears in 2 contracts

Sources: Lease (AeroVironment Inc), Lease (Repro Med Systems Inc)

Surrender. At Sublessee agrees that on the expiration last day of the Term Term, or earlier on the sooner termination of this LeaseSublease, without the requirement of any notice, Tenant Sublessee shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises Sublessor (which shall become the property of Landlordi) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the same condition in which the same are required to be maintained under Section 5.1as received, subject to reasonable normal wear and tear and damage from casualty excepted, and (ii) otherwise in accordance with Paragraph 32(h) of the Lease. Normal wear and tear shall not include any damage or deterioration that would have been prevented by casualtyproper maintenance by Sublessee, or Sublessee otherwise performing all of its obligations under this Sublease. Tenant On or before the expiration or sooner termination of this Sublease, Sublessee shall, in accordance with Redacted this Section 18, and at Sublessee's sole cost and expense, remove, and repair any damage cause by such removal, (A) all of Sublessee's Property and Sublessee's signage from the Premises, the Building and the Project and (B) all tenant improvements and alterations required to be removed pursuant to Section 3(b) of this Sublease. Any of Sublessee's Property not so removed by Sublessee as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Sublessor at Sublessee's expense, and Sublessee waives all claims against Sublessor for any damages resulting from Sublessor's retention and disposition of such property; provided, however, that Sublessee shall remain liable to Sublessor for all costs incurred in storing and disposing of such abandoned property of Sublessee. All Approved Alterations and other alterations to the Premises except those which Sublessee is required to remove pursuant to Section 3(b) of this Sublease shall remain the property of Sublessor or Landlord. If the Premises are not surrendered at the time end of terminationthe Term or sooner termination of this Sublease, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.1018 and Paragraph 32(h) of the Lease, making Sublessee shall indemnify, defend and hold Sublessor harmless from and against any repairs to and all loss or liability resulting from delay by Sublessee in so surrendering the Premises including, without limitation, any loss or liability resulting from a claim made against Sublessor made by any succeeding sublessee or prospective sublessee founded on or resulting from such delay and other areas necessitated by such removal and leaving losses to Sublessor due to lost opportunities to sublease any portion of the Premises to any such succeeding sublessee or prospective sublessee, together with, in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goodseach case, effects, actual attorneys' fees and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordcosts.

Appears in 1 contract

Sources: Sublease Agreement (Corixa Corp)

Surrender. At Section 18.01. Tenant shall on the expiration last day of the Term term hereby granted, or earlier upon the sooner termination of this Leasethe said term, without surrender to Landlord the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity metersdemised premises, and all fixtures buildings, alterations, replacements and partitionschanges, in any way bolted with all equipment in, or otherwise attached to the Premises (which shall become the property of Landlord) appurtenances thereto, except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of movable trade fixtures installed by Tenant and other personal property situated on the demised premises that is not owned by Landlord and any damage caused by such cabling)removal shall be borne by Tenant. The demised premises shall be left broom clean with no rubbish, and Tenant shall leave in good order, condition and state of repair no worse than on the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1date hereof, subject to reasonable wear and tear excepted; provided further, that Tenant may leave intact any changes and damage by casualtyalterations made pursuant to Article VII. Tenant shall, at shall hold Landlord harmless from all damages resulting from Tenant's failure to surrender the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise demised premises as required by this Section 5.10. Should Tenant fail to remove any Section, including, without limitation, claims made by a succeeding lessee or loss of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of rent by Landlord resulting from Tenant's failure to surrender the demised premises. Section 18.02. Any trade fixtures or personal property belonging to Tenant if not removed at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms or before such expiration or sooner termination of this Lease then Landlord may, without notice, store Tenant’s personal property (lease and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, shall be deemed abandoned and become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may sell remove such personal fixtures or property from the demised premises and store them at Tenant's risk and expense, or dispose of them in accordance any manner without liability or accounting to Tenant, and Tenant waives all claims against Landlord resulting from Landlord's retention or disposition of such fixtures or property. Tenant shall repair and restore, and save Landlord harmless from, all damage to the demised premises caused by such removal, whether by Tenant or by Landlord (except for Landlord's willful or grossly negligent acts or those of its employees, agents or contractors). Section 18.03. If Tenant remains in possession of the demised premises beyond the expiration or sooner termination of this lease, with the previous sentence express or implied consent of Landlord, such holding over shall be construed to be a tenancy from month-to-month only, and apply the net proceeds such month-to-month tenancy shall be subject to the earliest other agreements, covenants, conditions, and obligations herein contained, including that Tenant shall pay as monthly rent the sum of (i) the amount it paid or was required to pay as monthly installments of Rent fixed rent during the month which immediately preceded the end of the lease term, plus (ii) an amount equal to multiplying the amount set forth in clause (i) by twenty-five (25%) percent; and all additional rent, Charges and all other sums which Tenant is required to pay under this lease shall continue to be a liability of and timely paid by Tenant. Section 18.04. Nothing in this Article shall be construed as constituting permission by Landlord for Tenant to retain possession of the demised premises or other charges owing Landlordany part thereof after the expiration or sooner termination of this lease.

Appears in 1 contract

Sources: Lease Agreement (Petroleum Heat & Power Co Inc)

Surrender. At Upon the expiration of the Term or earlier termination of this LeaseSublease, without Subtenant shall vacate and deliver the requirement Sublease Premises to Sublandlord in the same condition as of any noticethe Commencement Date, Tenant ordinary wear and tear excepted, provided that Subtenant shall peaceably surrender the Premises including repair all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached damage to the Sublease Premises (which shall become as a result of the removal of its personal property of Landlord) except for such and any improvements or alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject removed pursuant to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expenseSublease. In the event that Landlord terminates this Lease pursuant Subtenant fails to Section 7.1 and re-enters and possesses the Premises in accordance comply with the terms foregoing removal obligations or upon Subtenant being dispossessed by process of law or otherwise, all such property shall be deemed conclusively to be abandoned and Sublandlord may retain, sell, store, destroy or otherwise dispose of the same as Sublandlord so elects in its sole discretion upon prior written notice to Subtenant. Subtenant shall pay Sublandlord on demand all out-of-pocket expenses incurred by Sublandlord in the removal of such property, including, without limitation, the cost of repairing damage to the Sublease Premises caused by the removal of such property and storage charges (if Sublandlord elects to store such property). Further, in the event the end of the Term coincides with the end of the term under the Prime Lease, Subtenant shall provide Sublandlord with reasonable access to the Sublease Premises to allow Sublandlord to fulfill its obligations under the Prime Lease, including, without limitation, removing any improvements or alterations existing in the Sublease Premises prior to the Commencement Date, and Subtenant shall otherwise reasonably cooperate with Sublandlord in connection with the foregoing. Subtenant’s obligations under this Section 22 shall survive the expiration or earlier termination of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordSublease.

Appears in 1 contract

Sources: Sublease Agreement

Surrender. At the Upon expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender to Port the Premises including all alterations and additions thereto and all replacements thereofin good order, including carpeting, any water or electricity meterscondition, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises repair (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable ordinary wear and tear occurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 17 and 18 hereof). Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by casualtyproper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. The Premises shall be surrendered clean, free of debris, waste, and Hazardous Materials, and free and clear of all liens and encumbrances other than liens and encumbrances existing as of the date of this Lease and any other encumbrances created by Port. On or before the expiration or earlier termination of this Lease, Tenant shallat its sole cost shall remove from the Premises, and repair any damage caused by removal of, Tenant's Property, including any signage and Alterations and Improvements specified in Port's Notice of Removal. Except for those designated in Port's Notice of Removal, Alterations and Improvements shall remain in the Premises as Port property. If the Premises are not surrendered at the time end of terminationthe Term or sooner termination of this Lease, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.1025 and Section 13.4, making Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 26.3 below until the Premises are surrendered in accordance with these Sections, and Tenant shall Indemnify Port from and against any repairs and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Port due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, reasonable attorneys' fees and costs. No act or conduct of Port, including, but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Port to Tenant confirming termination of this Lease and surrender of the Premises by Tenant shall constitute acceptance of the surrender of the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms accomplish a termination of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordLease.

Appears in 1 contract

Sources: Lease Agreement

Surrender. At Upon the expiration or other termination of the Term, Tenant will immediately vacate and surrender possession of the Premises in good order, repair and condition, except for ordinary wear and tear and damage due to fire or other casualty. Upon the expiration or other termination of the Term, Tenant agrees to remove all of Tenant’s office furniture, office equipment and other similar personal property and, unless requested otherwise by Landlord prior to the expiration of the Term or concurrently with any other termination of the Lease, the Purchased Furniture (as hereinafter defined). At Landlord’s option, to be exercised by written notice to Tenant delivered no less than thirty (30) days after Tenant’s written request for such election, which request of Tenant may be delivered no earlier than twelve (12) months prior to the expiration of the Term or concurrently with any other termination of the Lease, Tenant shall remove (a) any Alterations, the removal of which was requested by Landlord in written notice to Tenant at the time of the installation of such Alterations (regardless of whether Landlord’s approval of such Alterations was required hereunder); provided, however that Tenant shall not be required to remove: (i) the initial Tenant Improvements in the Initial Premises, and (ii) any tenant improvements existing in any ROFO Space (as hereinafter defined) at the time Tenant leases the same pursuant to a right granted under this Lease, and (b) any Alterations as to which Tenant failed to request, at the time of the installation thereof, that Landlord notify Tenant in writing whether Landlord would require Tenant to remove such Alterations upon expiration or other termination of this Lease. Notwithstanding the foregoing, without in no event shall Tenant be required to remove (1) any Alterations as to which (A) Tenant requested, at the requirement time of the installation thereof, that Landlord notify Tenant in writing whether Landlord would require Tenant to remove such Alterations and (B) Landlord either failed to respond to such request, did not specifically identify the Alterations in question as Alterations that Tenant would be required to remove, or indicated as such time that the Alterations in question need not be removed, (2) the initial Tenant Improvements in the Initial Premises, or (3) any noticetenant improvements existing in any ROFO Space at the time Tenant leases the same pursuant to a right granted under this Lease. Without limiting Tenant’s obligations with respect to the condition of the Premises upon expiration or termination, Tenant shall peaceably surrender will pay Landlord within thirty (30) days of written demand the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, cost of repairing any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached damage to the Premises (which or Building caused by the installation or removal of any such items. Any of Tenant’s personal property remaining in the Premises shall become the property of Landlord) except for such alterations and additions as Landlord has directed unless Landlord requires Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordsame.

Appears in 1 contract

Sources: Lease Agreement (Adept Technology Inc)

Surrender. At Upon the expiration of the Term or earlier other termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including to Landlord vacant and broom-clean, with all alterations improvements and additions thereto Alterations (except as provided below) in their 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 from the Premises any Alterations that Tenant is required by Landlord to remove under the provisions of this Lease and all replacements thereofof Tenant's Property and trade fixtures. If such removal is not completed at the expiration or other termination of this Lease, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached Landlord may 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -44- remove the same at Tenant's expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (which shall become including the property patching or repairing of Landlord) except for such alterations damage to ceilings and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingwalls, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that but Tenant shall not be obligated required to remove all re-paint, touch-up paint, fill minor nail holes, etc.) or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of Alterations from the Premises shall be governed by Paragraph 9 above. Tenant's obligations under this paragraph shall survive the expiration or a portion other termination of such cabling)this Lease. Upon expiration or termination of this Lease or of Tenant's possession, and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs surrender all keys to the Premises or any other part of the Building and other areas necessitated by such removal shall make known to Landlord the combination of locks on all safes, cabinets and leaving the Premises vaults that may be located in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordPremises.

Appears in 1 contract

Sources: Office Lease (Warner Music Group Corp.)

Surrender. At the Upon expiration or sooner termination of the Term or earlier termination Tenant's right to possession of this Lease, without the requirement of any noticePremises, Tenant shall peaceably surrender return the Premises including all alterations to Landlord in the condition delivered to Tenant, ordinary wear and additions thereto damage by fire or other casualty or other cause beyond the control of Tenant excepted, provided Tenant shall remove the initial improvements constructed pursuant to Exhibit B hereto, if Landlord elects to have such improvements removed pursuant to Exhibit B requested by Landlord, at Tenant's sole cost and all replacements thereofexpense, including carpeting, any water or electricity metersprior to the surrender of the Premises, and all fixtures and partitions, in restore any way bolted or otherwise attached portions of the Premises damaged by such removal to the Premises (which shall become the property of Landlord) except for such alterations and additions as condition required under this paragraph. If Landlord has directed requires Tenant to remove when any alterations pursuant to Section 9, then such removal shall be done in a good and workmanlike manner; and upon such removal Tenant requested Landlord’s approval for shall restore the Premises to its condition prior to the installation of such alterations, ordinary wear and damage by fire or other casualty or other cause beyond the control of Tenant excepted. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), restore the Premises; and Tenant shall leave pay the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time cost of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Premises in prior to termination of the condition otherwise required by this Section 5.10Term or Tenant's right to possession of the Premises. Should If Tenant fail does not remove such items, Tenant shall be conclusively presumed to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, 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 by abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant's expense, which shall be 115% of Landlord's actual cost of removal, without notice to Tenant and may be disposed of by Landlord at without obligation to compensate Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Sources: Industrial Lease (Mpath Interactive Inc/Ca)

Surrender. At (a) Tenant agrees that on the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including to Landlord (i) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all alterations and additions thereto and all replacements thereofinterior walls painted or cleaned so they appear painted and, including carpetingwhere appropriate, patched, any water or electricity meterscarpets cleaned, all floors cleaned and waxed, and all plumbing fixtures in good condition and partitionsworking order and, where appropriate, capped, and (ii) otherwise in accordance with Paragraph 32(h). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, Tenant shall, in accordance with this Paragraph 11, and at Tenant's sole cost and expense, remove, and repair any way bolted or otherwise attached damage caused by such removal, (A) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, the Building and the Project and (B) all Tenant Improvements and all Alterations required to be removed pursuant to Paragraph 12 and Exhibit A. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Tenant is required to remove pursuant to Paragraph 12 and Exhibit A shall remain in the Premises (which shall become as the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall . If the Premises are not be obligated to remove all surrendered at the end of the Term or a portion sooner termination of such cabling)this Lease, and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10Paragraph 11 and Paragraph 32(h) below, making Tenant shall indemnify, defend and hold Landlord harmless from and against any repairs to and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and other areas necessitated losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs. (b) Notwithstanding Paragraph 11(a) above, with respect to all R&D Space, as defined below, within the Premises, Tenant shall, on the last day of the Term or on the sooner termination of this Lease, surrender such space to Landlord as follows: The Allowable R&D Space, as defined below, shall be surrendered to Landlord in the condition specified in Paragraphs 11(a)(i) and (ii), above, except that Tenant shall not be required to paint or patch any interior walls located within the Allowable R&D Space. The Additional R&D Space, as defined below, shall be surrendered to Landlord in the conditions specified in Paragraphs 11(a)(i) and (ii), above. In addition, Tenant shall pay to Landlord on or before the last day of the Term or on the sooner termination of this Lease, the costs, as reasonably determined by such removal Landlord, necessary to remove all Tenant Improvements and leaving Alterations required to be removed under Paragraph 12 and Exhibit A, and otherwise to surrender the Premises in the a condition otherwise required by this Section 5.10. Should Tenant fail ready for Landlord to remove any commence build-out of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordspace for a succeeding tenant.

Appears in 1 contract

Sources: Lease Agreement (Corgentech Inc)

Surrender. At 22.1 Tenant shall on the last day of the Lease Term or on the sooner termination of this Lease peaceably and quietly surrender and yield up to Landlord the entire Premises including any Work, free and clear of all letting, subleases, occupancies, security agreements, liens or encumbrances (excepting only those which Landlord has specifically consented to remain in effect following the expiration of the Lease Term) in good order and condition, reasonable wear and tear excepted, and subject to the provisions of Articles 17 and 18 hereof. 22.2 On the last day of the Lease Term or on the date of the sooner termination of this Lease, provided no Event of Default by Tenant then exists, Tenant shall have the right to remove its movable personal property (but excluding the personal property of Landlord leased to Tenant pursuant to this Lease) and trade fixtures provided Tenant repairs any damage to the Premises resulting from the removal of same. Any property not removed by Tenant prior to the expiration of the Lease Term shall be deemed abandoned and may be appropriated, sold, destroyed or otherwise disposed of by Landlord without Notice to Tenant and without obligation to account therefor and Tenant shall pay to Landlord upon demand all costs and actual out-of-pocket third party costs and expenses incurred by Landlord in removing, storing or disposing of same and in restoring the Premises. 22.3 If any subtenant of Tenant or anyone holding by, through, or under Tenant should fail to surrender possession of the Premises or any part thereof at the expiration or earlier termination of the Lease Term, the same shall constitute a "holding over" by Tenant. 22.4 Tenant agrees it shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by ▇▇▇▇▇▇ in surrendering the Premises upon expiration or sooner termination of the Lease Term, including, without limitation, any claims made by any succeeding tenant founded on such delay, but excluding any delays arising from the gross negligence or willful misconduct of Landlord. The Parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Premises will be substantial, will exceed the amount of monthly Annual Rent and Additional Rent theretofore payable hereunder, and will be impossible of accurate measurement. ▇▇▇▇▇▇ therefore agrees that if possession of the Premises is not surrendered to Landlord within two (2) days after the date of the expiration or sooner termination of the Lease Term, then Tenant will pay Landlord as liquidated damages (i) for each of the first two (2) months during which ▇▇▇▇▇▇ holds over in the Premises after expiration or sooner termination of the Lease Term, a sum equal to one and one-half (1 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or termination of the Lease Term, and (ii) for the period thereafter during which ▇▇▇▇▇▇ holds over in the Premises after expiration or sooner termination of the Lease Term, a sum per month equal to two and one-half (2 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or termination of the Lease Term. 22.5 Tenant's obligations under this Article 22 shall survive the expiration or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Sources: Lease Agreement

Surrender. At Except as required under Section 23 of the Original Lease (regarding removal of Lines) and except as required under Section 25.5 of the Original Lease and Section 11 above (regarding Units and Package Units) and except for Tenant's obligation to remove all of Tenant's full floor signage (i.e., any signage in the elevator lobby, hallways, or other areas of any full floor leased by Tenant) and Tenant's Building-Top Signage and Tenant's Monument Signage under Section 13 above, upon the expiration of the Term or earlier termination of this the Lease, without the requirement of any noticeas amended hereby, Tenant shall peaceably surrender possession of the Premises including all alterations to Landlord in as good condition and additions thereto repair as exists as of the date of this Seventh Amendment, except for reasonable wear and all replacements thereoftear, including carpetingcasualty, condemnation and repairs that are Landlord's express responsibility hereunder. Notwithstanding the foregoing, (a) in the event any Alterations are installed by Tenant in the Premises after the date of this Seventh Amendment which are not approved by Landlord, Tenant shall remove such non-approved Alterations upon the expiration or earlier termination of the Lease and repair any damage associated with such removal, and (b) in the event any tenant improvements or Alterations are installed by Tenant in the Premises after the date of this Seventh Amendment (including, without limitation, any water or electricity meters, and all fixtures and partitions, Tenant Improvement Work to be installed in any way bolted or otherwise the Premises by Tenant in accordance with the Work Letter attached to the Premises (which shall become the property of Landlord) except for such alterations and additions Fifth Amendment as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingExhibit A), which are approved by Landlord, Tenant shall always not be required to remove unless Landlord agreessuch Tenant Improvement Work or Alterations upon the expiration or earlier termination of the Lease. For clarity, nothing contained in its sole discretion, that Tenant this Section 14 shall not be obligated construed to limit Tenant's obligation to remove all the Lines, Units, Package Units, Full Floor Signage or a portion Tenant's Building-Top Signage or Tenant's Monument Signage upon the expiration or earlier termination of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordLease.

Appears in 1 contract

Sources: Office Lease (Nutanix, Inc.)

Surrender. At Subtenant shall, on or before the expiration Expiration Date, remove all personal property, furniture, trade fixtures and other equipment, provided that the removal of the Term same does not adversely affect the Building structure or earlier termination of this any Building operating system or is not prohibited by the Sub-Lease, and that Subtenant promptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Sub-Lease. In the event that Subtenant fails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the Subdemised Premises after the Expiration Date shall be deemed abandoned and Sublandlord may dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall also be responsible for the requirement removal, on or before the Expiration Date, of any notice, Tenant shall peaceably surrender the Premises including all alterations as required under the Sub-Lease installed by Subtenant pursuant to this Sub-Sub-Lease and additions thereto and shall be responsible for any associated repair or restoration of the Subdemised Premises required under the Sub-Lease. In all replacements thereofother respects, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to Subtenant shall deliver the Subdemised Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agreesbroom clean, in its sole discretioncondition as of the Commencement Date, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage casualty excepted. In no event shall Subtenant remove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Subtenant shall vacate and deliver possession of the Subdemised Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’s part, and free and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other agency or authority by casualtyreason of Subtenant’s actions or failures to fulfill any of its obligations under this Sub-Sub-Lease (“Violations”). Tenant Subtenant shall indemnify Sublandlord against any and all loss, expense, damage, costs or attorneys’ fees arising out of Violations occurring any time on or after the Commencement Date. The voluntary or other surrender of this Sub-Sub-Lease by Subtenant, or a mutual cancellation thereof, shall not automatically terminate any sub-Sub-Sub-Leases or sub-subtenancies or other agreements by which Subtenant has granted rights to third parties to all or any part of the Subdemised Premises, but shall, at the time option of terminationSublandlord, remove the goodseither (1) terminate all or any existing Sub-Sub-Sub-Leases or sub-subtenancies or such other agreements, effects and fixtures which Tenant is directed or permitted (2) operate as an assignment to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those Sublandlord of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell or all such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent Sub-Sub-Sub-Leases or sub-subtenancies or such other charges owing Landlordagreements.

Appears in 1 contract

Sources: Sub Sub Lease Agreement (Surebeam Corp)

Surrender. At SECTION 18.01. On the expiration last day of the Term or upon any earlier termination of this Lease, without or upon any re-entry by Landlord upon the requirement of any noticePremises, Tenant shall peaceably shall, at its own expense, quit and surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitionsto Landlord broom clean, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) good order, condition and repair except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingordinary wear, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by fire or other insured casualty, together with all improvements which have been made upon the Premises (except as otherwise provided for in this Lease, including, but not limited to Article 9 above). Tenant shallshall remove from the Premises and the Building all of Tenant's Property and all personal property and personal effects of all persons claiming through or under Tenant, at and shall pay the time cost of terminationrepairing all damage to the Premises and the Building occasioned by such removal. Notwithstanding anything to the contrary contained herein, remove in connection with Landlord's Construction, Landlord, by notice to Tenant no later than twenty (20) days prior to the goodsExpiration Date or prior termination of this Lease, effects may require Tenant to leave any part or all of such Landlord's Construction in the Premises. SECTION 18.02. To the extent allowed by law, Tenant expressly waives, for itself and fixtures for any person claiming through or under Tenant, any rights which Tenant is directed or permitted any such person may have under any applicable law in connection with any holdover summary proceedings which Landlord may institute to remove in accordance with enforce the provisions of this Section 5.10, making any repairs to Article. SECTION 18.03. If the Premises are not surrendered at the expiration of the Term, such holding over without the written consent of the Landlord shall be construed to be a tenancy from month to month at one-twelfth (1/12th) of an amount equal to twice the Fixed Rent required to be paid by Tenant for the last full lease year of the Lease Term, together with an amount estimated by Landlord as equal to one-twelfth (1/12th) of the Additional Rent payable pursuant to this Lease, and other areas necessitated shall otherwise be on the same terms and conditions as herein specified so far as applicable. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, but not limited to, attorneys fees and any claims made by any succeeding tenant founded on such removal and leaving delay. Nothing contained in this Section 18.03 shall (a) imply or be deemed to grant Tenant any right to remain in the Premises in after the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms termination of this Lease then without the execution of a new lease, (b) imply any obligation on the part of Landlord may, without notice, store Tenant’s personal property to grant a new lease or (and those of c) be construed to limit in any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, way any remedy that Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds have against Tenant as a holdover tenant, including but not limited to, resort to the earliest summary process laws or enforcement of installments the foregoing indemnity obligation of Rent Tenant. SECTION 18.04. Tenant's obligations under this Article shall survive the Expiration Date or other charges owing Landlordsooner termination of this Lease.

Appears in 1 contract

Sources: Lease (Renaissance Cosmetics Inc /De/)

Surrender. At Except as required under Section 23 below (regarding removal of Lines) and except as required under Section 25.5 below (regarding Units), subject to Sections 8 and 11 and this Section 15, upon the expiration or earlier termination hereof, Tenant shall surrender possession of the Term Premises to Landlord in as good condition and repair as existed when Tenant took possession and as thereafter improved, except for reasonable wear and tear and repairs that are Landlord's express responsibility hereunder. Additionally, (a) in the event any Alterations are installed by Tenant in the Premises which are not approved by Landlord, Tenant shall remove such non-approved Alterations upon the expiration or earlier termination of the Lease and repair any damage associated with such removal, and (b) in the event Alterations are installed by Tenant in the Premises (including, without limitation, any Tenant Improvement Work to be installed in the original Premises, Suite 130 and/or the Must Take Space by Tenant in accordance with the Work Letter attached to this Lease as Exhibit B), which are approved by Landlord, Tenant shall not be required to remove such Tenant Improvement Work or Alterations upon the expiration or earlier termination of this Lease (other than non-Building standard office improvements identified by Landlord at the time of Landlord's approval of such Tenant Improvement Work or Alterations). Furthermore, with regard to the Must Take Space, Tenant shall remove any non-Building standard office improvements specified by Landlord for removal in Section 2.4.7 above. For clarity, nothing contained in this Section 15 shall be construed to limit Tenant's obligation to remove the Lines or Units upon the expiration or earlier termination of this Lease. However, before such expiration or termination, Tenant, without the requirement of any noticeexpense to Landlord, Tenant shall peaceably surrender (a) remove from the Premises including all alterations debris and additions thereto rubbish and all replacements thereoffurniture, including carpetingequipment, any water trade fixtures, Lines, free-standing cabinet work, movable partitions and other articles of personal property that are owned or electricity meters, and all fixtures and partitions, placed in any way bolted or otherwise attached to the Premises by Tenant or any party claiming by, through or under Tenant (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be any Lines not required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cablingremoved under Section 23), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and (b) repair all damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by Building resulting from such removal. If Tenant fails to timely perform such removal and leaving the Premises in the condition otherwise required by this Section 5.10repair, Landlord may do so at Tenant's expense (including storage costs). Should If Tenant fail fails to remove any of such goodsproperty from the Premises, effectsor from storage, and fixtures within ten (10) 30 days after notice by from Landlord, the same any part of such property shall be deemed abandoned by Tenant and may be disposed of by deemed, at Landlord's option, either (x) conveyed to Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord maywithout compensation, without notice, store Tenant’s personal property or (and those of any person claiming under Tenanty) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordabandoned.

Appears in 1 contract

Sources: Office Lease (Nutanix, Inc.)

Surrender. At Tenant agrees that on the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereofto Landlord (a) in the same condition received (damage by acts of God, including carpeting, any water or electricity metersfire, and all fixtures any other casualty, normal wear and partitionstear, condemnation, and Alterations not required to be removed excepted) and (b) otherwise in accordance with Paragraph 32(h). Normal wear and tear shall not include any way bolted damage or otherwise attached deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingincluding, which Tenant shall always be required to remove unless Landlord agreeswithout limitation, in its sole discretion, that Tenant shall not be obligated to remove all any marks or a stains on any portion of such cablingthe floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall leave remove all of Tenant’s Property (as hereinafter defined), and Tenant’s signage from the Premises Premises, the Building and improvements in the condition in which the same are required to be maintained under Section 5.1Project and repair any damage caused by such removal, and (ii) Landlord may, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10Paragraph 12(g) below, making any repairs by notice to Tenant given not later than ninety (90) days prior to the Premises and other areas necessitated by such removal and leaving the Premises Expiration Date (except in the condition otherwise required by event of a termination of this Section 5.10. Should Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant fail at Tenant’s expense to remove any of such goods, effectsor all Alterations that Landlord has not consented to or that Landlord has not informed Tenant may remain in the Premises pursuant to Paragraph 12(g) below, and fixtures within ten (10) days after notice to repair any damage caused by Landlord, the same such removal. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. In the event that All Tenant Improvements and Alterations except those which Landlord terminates this Lease pursuant requires Tenant to Section 7.1 and re-enters and possesses the Premises remove in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal shall remain in the Premises as the property (and those of any person claiming under Tenant) Landlord. Tenant shall not be required to remove or pay for the removal of the Tenant Improvements at the expense expiration or earlier termination of this Lease. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence provisions of this Paragraph 11 and apply Paragraph 32(h) below, Tenant shall continue to be responsible for the net proceeds to the earliest of installments payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or other charges owing Landlordliability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Alliance Fiber Optic Products Inc)

Surrender. At 16.2.1 Subtenant shall have no obligation or liability with respect to the expiration removal and/or restoration of any improvements or alterations not otherwise constructed by Subtenant, including any improvements or alterations constructed by Sublandlord within the Subleased Premises as of the Term Commencement Date of this Sublease. 16.2.2 Subtenant shall surrender the Subleased Premises on the Expiration Date or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity metersSublease in broom-clean condition, and all fixtures and partitionsotherwise in as good condition as received, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable normal wear and tear and damage caused by casualty. Tenant shallcasualty or condemnation excepted and shall remove all of Subtenant’s furniture, trade fixtures, equipment, and other personal property on or before the Expiration Date, including, without limitation, personal property acquired from Sublandlord. 16.2.3 Any additions or alterations made by Subtenant shall be surrendered with the Subleased Premises at the time end of terminationthe Term, unless, prior to the expiration or earlier termination of the Term, Sublandlord provides written notice to Subtenant to remove the goodssame. In such case, effects and fixtures which Tenant is directed or permitted to Subtenant shall remove in accordance with the provisions of this Section 5.10same, making any repairs to the Premises extent installed or made by or on behalf of Subtenant, on or before the expiration of the Term, and other areas necessitated repair any damage resulting from such removal. If Subtenant fails to complete such removal and/or repair any damage caused by such removal of any alterations, additions and leaving improvements made by Subtenant on the Premises in Master Lease Premises, Sublandlord may charge the condition otherwise required cost thereof to Subtenant together with a five percent (5%) supervision and administration fee (whether such removal is performed by this Section 5.10. Should Tenant fail to remove any of such goods, effectsSublandlord or Landlord), and fixtures Subtenant shall reimburse Sublandlord for the same within ten thirty (1030) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed receipt of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordan invoice therefor.

Appears in 1 contract

Sources: Sublease (Minerva Surgical Inc)

Surrender. At On the expiration last day of the Term Demised Term, or upon any earlier termination of this Lease, without or upon any re-entry by Landlord upon the requirement of any noticePremises, (a) Tenant shall peaceably quit and surrender the Premises including to Landlord “broom-clean” and in good order, condition and repair attached hereto and incorporated herein by reference), except for ordinary wear and tear and such damage or destruction as Landlord is required to repair or restore under this Lease, (b) Tenant shall remove all alterations of Tenant’s property therefrom, except as otherwise expressly provided in this Lease, and additions thereto (c) Tenant shall surrender to Landlord any and all replacements thereofkeys, including carpetingaccess cards, computer codes or any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached other items used to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave access the Premises and improvements Premises. Landlord shall be permitted to inspect the Premises in order to verify compliance with this Section 13.01 at any time prior to (x) the condition expiration date of the Lease, (y) the effective date of any earlier termination of this Lease, or (z) the surrender date otherwise agreed to in which writing by Landlord and Tenant. The obligations imposed under the same first sentence of this Section 13.01 shall survive the termination or expiration of this Lease. If any repairs are required to be maintained under Section 5.1performed in, subject to reasonable wear and tear and damage by casualty. Tenant shall, or at the time of termination, remove Premises (pursuant to the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions first sentence of this Section 5.1013.01 or any other applicable provision of this Lease) upon the expiration or termination of the Demised Term, making any Tenant shall cause such repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail be performed, to remove any of such goodsLandlord’s reasonable satisfaction, effects, and fixtures within ten (10) 20 business days after notice by Landlordthe date on which this Lease is terminated or expired. If Tenant fails to timely comply with the preceding sentence, then Landlord shall have the same shall right to cause the repairs to be deemed abandoned by Tenant and may be disposed of by Landlord performed, at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Sources: Agreement of Sale (Blonder Tongue Laboratories Inc)

Surrender. At (A) Tenant agrees that on the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including to Landlord (i) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all alterations and additions thereto and all replacements thereofinterior walls painted or cleaned so they appear painted and, including carpetingwhere appropriate, patched, any water or electricity meterscarpets cleaned, all floors cleaned and waxed, and all plumbing fixtures in good condition and partitionsworking order and, in any way bolted or where appropriate, capped, and (ii) otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above Paragraph 32(h). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, Tenant shall, in accordance with this Paragraph 11, and at Tenant's sole cost and expense, remove, and repair any damage caused by such removal, (other than cablingA) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, which the Building and the Project and (B) all Tenant shall always be Improvements and all Alterations required to remove unless be removed pursuant to Paragraph 12 and Exhibit A. Any of Tenant's Property not (B) Notwithstanding Paragraph 1l(a) above, with respect to all R&D Space, as defined below, within the Premises, Tenant shall, on the last day of the Term or on the sooner termination of this Lease, surrender such space to Landlord agreesas follows: (1) The Allowable R&D Space, as defined below, shall be surrendered to Landlord in its sole discretionthe condition specified in Paragraphs 11 (a)(i) and (ii), above, except that Tenant shall not be obligated required to paint or patch any interior walls located within the Allowable R&D Space. (2) The Additional R&D Space, as defined below, shall be surrendered to Landlord in the conditions specified in Paragraphs 11 (a)(i) and (ii), above. In addition, Tenant shall pay to Landlord on or before the last day of the Term or on the sooner termination of this Lease, the costs, as reasonably determined by Landlord, necessary to remove all or Tenant Improvements and Alterations required to be removed under Paragraph 12 and Exhibit A, and otherwise to surrender the Premises in a portion condition ready for Landlord to commence build-out of such cabling)space for a succeeding tenant. (3) The Converted Office Space, and Tenant as defined below, shall leave the Premises and improvements be surrendered to Landlord in the condition required of Additional R&D Space, as provided in which Paragraph 11(b)2 above; provided however, Tenant shall also pay to Landlord on or before the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at last day of the time of termination, remove Term or on the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions sooner termination of this Section 5.10Lease, making any repairs to the Conversion Allowance, as defined below. (C) For the purposes of this Paragraph 11, the following definitions shall apply: (1) ALLOWABLE R&D SPACE shall mean (i) that portion of R&D Space within the original Premises and other areas necessitated by such removal and leaving (specifically excluding the Premises Expansion Space, as defined below) (the "Original Premises") that, in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any aggregate, does not exceed [...***...] square feet and (ii) that portion of such goodsR&D Space within the Expansion Space-that, effectsin the aggregate, and fixtures within ten (10) days after notice by Landlorddoes not exceed [...***...] square feet, the same location of which shall be deemed abandoned by Tenant and may be disposed of reasonably designated by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant in a notice to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.*CONFIDENTIAL TREATMENT REQUESTED

Appears in 1 contract

Sources: Lease Agreement (Coulter Pharmaceuticals Inc)

Surrender. At ‌ 22.1 Tenant shall on the last day of the Lease Term or on the sooner termination of this Lease peaceably and quietly surrender and yield up to Landlord the entire Premises including any Work, free and clear of all letting, subleases, occupancies, security agreements, liens or encumbrances (excepting only those which Landlord has specifically consented to remain in effect following the expiration of the Lease Term) in good order and condition, reasonable wear and tear excepted, and subject to the provisions of Articles 17 and 18 hereof. 22.2 On the last day of the Lease Term or on the date of the sooner termination of this Lease, provided no Event of Default by Tenant then exists, Tenant shall have the right to remove its movable personal property (but excluding the personal property of Landlord leased to Tenant pursuant to this Lease) and trade fixtures provided Tenant repairs any damage to the Premises resulting from the removal of same. Any property not removed by Tenant prior to the expiration of the Lease Term shall be deemed abandoned and may be appropriated, sold, destroyed or otherwise disposed of by Landlord without Notice to Tenant and without obligation to account therefor and Tenant shall pay to Landlord upon demand all costs and actual out-of- pocket third party costs and expenses incurred by Landlord in removing, storing or disposing of same and in restoring the Premises. 22.3 If any subtenant of Tenant or anyone holding by, through, or under Tenant should fail to surrender possession of the Premises or any part thereof at the expiration or earlier termination of the Lease Term, the same shall constitute a "holding over" by Tenant. 22.4 Tenant agrees it shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in surrendering the Premises upon expiration or sooner termination of the Lease Term, including, without limitation, any claims made by any succeeding tenant founded on such delay, but excluding any delays arising from the gross negligence or willful misconduct of Landlord. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Premises will be substantial, will exceed the amount of monthly Annual Rent and Additional Rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within two (2) days after the date of the expiration or sooner termination of the Lease Term, then Tenant will pay Landlord as liquidated damages (i) for each of the first two (2) months during which Tenant holds over in the Premises after expiration or sooner termination of the Lease Term, a sum equal to one and one- half (1 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or termination of the Lease Term, and (ii) for the period thereafter during which Tenant holds over in the Premises after expiration or sooner termination of the Lease Term, a sum per month equal to two and one-half (2 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or termination of the Lease Term. 22.5 Tenant's obligations under this Article 22 shall survive the expiration or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Sources: Plaza Lease

Surrender. At Except as otherwise provided in this Lease, at or before the expiration Expiration Date, or the date of the Term or any earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions Lease in accordance with Section 5.9 above the terms hereof. (other than cabling, which i) Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave vacate the Premises broom clean and improvements in good order and in the condition in which substantially the same are required to be maintained under Section 5.1condition that the Premises existed on the date hereof, subject to reasonable except for ordinary wear and tear and damage by casualty. casualty or condemnation and such damage or destruction or other correction, prevention, abatement, replacement or repair as Landlord is required to repair, restore or otherwise perform under this Lease; (ii) Tenant shall, at the time of terminationTenant’s sole cost and expense, remove from the goodsPremises all Tenant’s Property (except such items thereof as Landlord shall have expressly permitted, effects and fixtures in writing, to remain which Tenant is directed property shall become the property of Landlord upon the Expiration Date, or permitted to remove the date of any earlier termination of this Lease in accordance with the provisions of this Section 5.10terms hereof) and all Alterations (except as are permitted to remain pursuant to Paragraph 23(a) or as otherwise agreed in writing by Landlord); and (iii) Tenant shall, making at Tenant’s sole cost and expense, repair (to Landlord’s reasonable satisfaction) any repairs damage to the Premises and resulting from any installation and/or removal of Tenant’s Property and/or any Alterations. Except as otherwise provided in this Lease, any other areas necessitated by such removal and leaving items of Tenant’s Property that shall remain in the Premises in after the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goodsExpiration Date, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises or following an earlier termination date in accordance with the terms of this Lease then Landlord Lease, may, without noticeat the option of Landlord, store be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion, at Tenant’s personal property (and those expense. Tenant’s obligations under this Paragraph 30 shall survive the expiration date of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordthis Lease.

Appears in 1 contract

Sources: Lease Agreement (Paramount Acquisition Corp)

Surrender. At Upon the expiration or earlier termination of the Term Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and fire or earlier other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and 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, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall not be required to remove from the Premises any of the Tenant Improvements (other than data or telecommunications cabling, which Landlord may require Tenant to remove). Notwithstanding the foregoing, Tenant shall have the right, at its option, to remove those particular Tenant Improvements more particularly described on Exhibit F attached hereto (collectively, the “Specialized Tenant Improvements”) and Landlord shall have the right, as a condition to its approval of any Specialized Tenant Improvements, to require Tenant to remove some or all of such Specialized Tenant Improvements from the Premises upon the expiration or sooner termination of this Lease. Landlord shall specify in writing to Tenant at the time of its approval of the Final Plans and Specifications (as defined below) which, if any, Specialized Tenant Improvements Tenant will be required to remove at the expiration or sooner termination of this Lease and whether or not Tenant will be required, at the expiration or sooner termination of this Lease, without to remove any data or telecommunications cabling. To the requirement extent that Tenant elects to remove, or is required to remove, any Specialized Tenant Improvements, it shall repair any damage and perform any restoration work caused by such removal. Tenant shall remove from the Premises Tenant’s personal property and if Tenant fails to do so and such failure continues after the termination of this Lease, Landlord may retain such personal property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such personal property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any noticesuch personal property and storage and transportation costs of same. If the Premises are not so surrendered at the termination of this Lease, Tenant shall peaceably surrender the Premises including indemnify Landlord and its Agents against all alterations and additions thereto and all replacements thereofloss or liability, including carpetingreasonable attorneys’ fees and costs, any water or electricity metersresulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and all fixtures and partitions, in any way bolted or otherwise attached tear caused to the Premises (by a natural aging process which shall become occurs in spite of prudent application of the property of Landlord) except best standards for such alterations maintenance, repair and additions as Landlord has directed Tenant janitorial practices to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which extent the same are required Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to be maintained under Section 5.1, subject include items of neglected or deferred maintenance which would have or should have been attended to reasonable wear during the Term of the Lease if the best standards had been applied to properly maintain and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to keep the Premises at all times in good condition and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expenserepair. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of surrender of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so electsLease, Landlord may sell such personal property in accordance with shall have the previous sentence and apply the net proceeds to the earliest option of installments of Rent terminating all existing subleases or other charges owing Landlordaccepting any sublease(s) as a direct lease or leases.

Appears in 1 contract

Sources: Lease Agreement (Silicon Graphics Inc)

Surrender. At On the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations to Landlord (a) in the same condition and additions thereto and all replacements thereofrepair as the Premises are delivered to Tenant (damage by acts of God, including carpeting, any water or electricity metersfire, and all fixtures normal wear and partitionstear excepted), and (b) otherwise in accordance with Paragraph 32(h). Normal wear and tear shall not include any way bolted damage or otherwise attached deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all including any marks or a stains on any portion of such cablingthe floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall leave remove all of Tenant’s Property (as hereinafter defined) and Tenant’s signage from the Premises Premises, the Building and improvements the Project and repair any damage caused by such removal, and (ii) Landlord may by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the condition event of a termination of this Lease prior to the scheduled Expiration Date, in which the same are required to event no advance notice shall be maintained under Section 5.1required), subject to reasonable wear and tear and damage by casualty. require Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail Tenant’s expense to remove any of such goods, effectsor all Alterations that Landlord has not consented to or that Landlord has not informed Tenant may remain in the Premises pursuant to Paragraph 12(h) below and/or the initial Tenant Improvements constructed and installed pursuant to Exhibit B hereto, and fixtures within ten (10) days after notice to repair any damage caused by Landlord, the same such removal. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned by if Tenant does not remove it within five (5) days of written notice from Landlord and such abandoned Tenant’s Property may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property, provided that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. In the event that All Tenant Improvements and Alterations except those which Landlord terminates this Lease pursuant requires Tenant to Section 7.1 and re-enters and possesses the Premises remove in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal shall remain in the Premises as the property (and those of any person claiming under Tenant) Landlord. If the Premises are not surrendered at the expense end of the Term or sooner termination of this Lease, and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence provisions of this Paragraph 11 and apply Paragraph 32(h) below, Tenant shall continue to be responsible for the net proceeds to the earliest of installments payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises are so surrendered in accordance with said Paragraphs. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or other charges owing Landlordliability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Landlord due to lost opportunities to lease any portion of the Premises together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Trident Microsystems Inc)

Surrender. At Upon the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including to Landlord broom clean and in their condition as of the date on which possession of the Premises was delivered to Tenant, except: (i) for normal wear and tear, damage from casualty or condemnation and changes resulting from approved Alterations that Tenant is not required to remove; and (ii) that all alterations interior walls will be freshly painted, all tile floors will be cleaned and additions thereto and waxed, all replacements thereofbroken, including carpetingmarred or nonconforming acoustical ceiling tiles shall be replaced, any water or electricity metersall windows shall be washed, and all fixtures and partitionsany burned out or broken light bulbs or ballasts shall be replaced. In addition, in any way bolted or otherwise attached prior to the Premises expiration or earlier termination of this Lease Tenant shall: (which shall become a) upon Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant; (b) remove from the Property all Tenant’s personal property of Landlordand Trade Fixtures; and (c) except for such alterations and additions as remove all Alterations that Landlord has directed elected to require Tenant to remove when Tenant requested Landlord’s approval for such alterations remove; and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required repair any damage and perform any restoration work caused by removal of any of the foregoing items. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling)the same, and Tenant shall leave pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises and improvements in for the condition in which period from the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at 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 termination, remove the goods, effects and fixtures which Tenant is directed all or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any portion of such goods, effects, property if Tenant does not pay all such costs and fixtures retrieve the property within ten (10) days after notice by from Landlord (in which event title to all such property described in Landlord, the same ’s notice shall be deemed abandoned by transferred to and vest in Landlord). Tenant and may be disposed waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of by Landlord at Tenant’s expenseany such property. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms Upon expiration or termination of this Lease then Landlord may, without notice, store or of Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of possession, whichever is earliest, Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds shall surrender all keys to the earliest Premises and any part thereof and shall deliver to Landlord all keys for or make known to Landlord the combination of installments 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 Rent this Lease. Normal wear and tear, for purposes of this provision, shall be construed to mean wear and tear caused to the Premises by the natural aging process that occurs in spite of prudent application of good standards for maintenance, repair and janitorial practices. It is not intended, nor shall it be construed to include items of neglected or other charges owing Landlorddeferred maintenance which would have or should have been attended to during the Term of the Lease if good standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.

Appears in 1 contract

Sources: Lease Agreement (eHealth, Inc.)

Surrender. At On or before the expiration of ninetieth (90th) day preceding the Term or earlier termination of this Lease, without the requirement of any noticeExpiration Date, Tenant shall peaceably notify Landlord in writing of the precise date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises including to Landlord. At least sixty (60) days prior to the Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant pursuant to Sections 9.6 or 9.7, or due to Tenant’s failure to perform any other obligation set forth in this Lease; provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached damage to the Premises (which shall become that causes material damage to the property Building Structure or Building Systems, impairs access to the Premises, or poses a threat to worker safety, to the extent such damage was caused by removal of Landlord) except for such alterations Tenant’s Property, the Tenant Improvement Work and additions any Alterations as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingrequired under this Lease. Upon the Termination Date, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave surrender the Premises to Landlord in as good order and improvements in repair as on the condition in which the same are required to be maintained under Section 5.1Commencement Date, subject to reasonable wear and tear and damage by casualty. Tenant shallcasualty excepted, at the time free and clear of termination, remove the goods, effects all letting and fixtures which Tenant is directed or permitted to remove in accordance occupancies and with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease Hazardous Materials removed as required pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms Article 12. Subject to Article 9, upon any termination of this Lease then all improvements, except for Tenant’s Property, shall automatically and without further act by Landlord mayor Tenant, become the property of Landlord, free and clear of any claim or interest therein by Tenant, and without payment therefore by Landlord. If the Premises are not surrendered as of the end of the Term in the manner and condition described in this Section 20.1, Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all Losses resulting from or caused by Tenant’s delay or failure in so surrendering the Premises, including, without noticelimitation, store Tenant’s personal property (any lost rents and those any claims made by any succeeding tenant due to such delay or failure and any loss or damage incurred by Landlord as a result of any person claiming under Tenant) at delay in Landlord’s redevelopment plans for the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordPremises.

Appears in 1 contract

Sources: Commercial Lease (Tesla Motors Inc)

Surrender. At Tenant agrees that on the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all alterations interior walls painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and additions thereto waxed, all non-working light bulbs and ballasts replaced and all replacements thereof, including carpeting, any water or electricity metersroll-up doors and plumbing fixtures in good condition and working order, and all fixtures (b) otherwise in accordance with Paragraph 32(h). Normal wear and partitionstear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, in any way bolted on or otherwise attached to about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall become be required), require Tenant at Tenant's expense to remove any or all Alterations 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 waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall . If the Premises are not be obligated to remove all surrendered at the end of the Term or a portion sooner termination of such cabling)this Lease, and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10Paragraph 11 and Paragraph 32(h) below, making any repairs Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises are so surrendered in accordance with said Paragraphs (except to the terms extent that such defaults of this Lease Tenant are deminimis and can be fully cured with the Security Deposit then held by Landlord), and in any event Tenant shall indemnify, defend and hold Landlord mayharmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without noticelimitation, store Tenant’s personal property (any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and those losses to Landlord due to lost opportunities to lease any portion of the Premises to any person claiming under Tenant) at the expense such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordcosts.

Appears in 1 contract

Sources: Lease Agreement (Arthrocare Corp)

Surrender. No act by Landlord shall be deemed 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. At the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender deliver to Landlord all keys (including any electronic access devices and the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached like) to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling)Premises, and Tenant shall leave deliver to Landlord the Premises and improvements in the condition in which substantially the same are required to be maintained under Section 5.1condition as originally received, subject to reasonable ordinary wear and tear excepted, provided that ordinary wear and damage tear shall not include repair and clean up items. By way of example, but without limitation, repair and clean up items shall include cleaning of all interior walls and floors, replacement of damaged or missing ceiling or floor tiles, window coverings or cover plates, removal of any Tenant-introduced markings, repair of all holes and gaps and repainting required thereby, the removal of any storage tanks installed by casualty. Tenant shallor any Tenant Party, at the time removal and full remediation of terminationany soil, remove the goods, effects and fixtures which material or ground water contamination by Tenant is directed or permitted to remove any Tenant Party in accordance with all Regulations and all requirements hereunder, as well as the provisions removal requirements below. In addition, prior to the expiration of this Section 5.10the Term or any sooner termination thereof, making any repairs (a)Tenant shall remove from the Premises all unattached trade fixtures, furniture, equipment and personal property located in the Premises, including, without limitation, phone equipment, wiring, cabling and all garbage, waste and debris, and (b) Tenant shall repair all damage to the Premises caused by any such removal including, without limitation, full restoration of all holes and other areas necessitated by gaps resulting from any such removal and leaving the Premises in the condition otherwise repainting required by this Section 5.10thereby. Should Tenant fail to remove any of such goods, effects, All personal property and fixtures within ten (10) days after notice by Landlordof Tenant not so removed shall, to the same shall extent permitted under applicable Regulations, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant without notice to Section 7.1 Tenant and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell obligation to account for such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlorditems.

Appears in 1 contract

Sources: Lease Agreement

Surrender. At Upon the expiration of the Term or earlier termination of this Lease, without whether by forfeiture, lapse of time or otherwise, or upon termination of Tenant's right to possession of the requirement of any noticeLeased Premises, Tenant shall peaceably will at once surrender and deliver up the Premises including Leased Premises, together with all alterations and additions thereto and all replacements thereofimprovements thereon, including carpeting, any water or electricity meters, and all fixtures and partitionsto Landlord, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations good condition and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingrepair, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage loss by casualtyfire or other casualty excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required herein, or because of Tenant's particular use of the Leased Premises (even if permitted pursuant to Section 1.04(a) hereof), or because of Tenant's failure to have in force a maintenance contract as required by Section 9.01(b) hereof, shall not be deemed "reasonable wear and tear." Tenant shall deliver to Landlord all keys to all doors therein. As used herein, the term "improvements" shall include, without limitation, all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment, and all Alterations (as said term is defined in Section 9.02 hereof) whether or not permitted under said Section 9.02. All alterations, including the Alterations, improvements and additions, temporary or permanent, made in or upon the Leased Premises by Tenant, or made by Landlord on Tenant's behalf, shall become Landlord's property immediately upon installation thereof and shall remain upon the Leased Premises on any such termination without compensation, allowance or credit to Tenant; provided, however, that Landlord shall have the right to require Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with any alterations and to restore the provisions of this Section 5.10, making any repairs Leased Premises to their condition prior to the Premises and other areas necessitated making of any such alterations, repairing any damage occasioned by such removal and leaving the Premises in the condition otherwise required restoration. Said right shall be exercised by this Section 5.10. Should Landlord giving written notice thereof to Tenant fail to remove any of such goods, effects, and fixtures within on or before ten (10) days after notice by Landlord, the same shall be deemed abandoned by any such termination. If Landlord requires removal of any alterations and Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises does not make such removal in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) Section at the expense and risk time of Tenant orsuch termination, if Landlord so electsor within thirty (30) days after such request, whichever is later, Landlord may sell remove the same (and repair any damage occasioned thereby), and dispose thereof or, at its election, deliver the same to any other place of business of Tenant or warehouse the same. Tenant shall pay the costs of such personal property in accordance with the previous sentence removal, repair, delivery and apply the net proceeds warehousing to the earliest of installments of Rent or other charges owing LandlordLandlord on demand.

Appears in 1 contract

Sources: Asset Purchase Agreement (Acacia Automotive Inc)

Surrender. At the expiration of the Term or earlier termination of this Lease, without the requirement of any noticeTerm, Tenant shall peaceably surrender promptly yield up, clean and neat, and in the same condition, order and repair in which they are required to be kept throughout the Term, the Premises including and all improvements, alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity metersthereto, and all fixtures and partitionsequipment servicing the Building, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable ordinary wear and tear and damage by casualtytaking or by fire or casualty not caused by the negligence or willful misconduct of Tenant or its agents, employees or contractors excepted. At the expiration or earlier termination of the Term, if requested by Landlord (which request must be made within sixty (60) days after the expiration or earlier termination of the Term), Tenant shall remove all of its telephone lines or leave its telephone lines in place. All of the riser cables and telephone rooms in the Building are and shall be the property of Landlord. Notwithstanding any of the foregoing to the contrary, (i) Tenant shall have the right to remove any alterations (as defined in Section 9.A hereof), including, without limitation, the Improvements (as defined in Paragraph 3 of Exhibit "E") and the Additional Improvements (as defined in Paragraph 4 of Exhibit "E") and at Tenant's sole cost and expense, (ii) unless otherwise requested by Landlord, Tenant shall remove from the Premises any such alterations which will require unusual expense to remove in connection with any future use of the Premises for office purposes or which are not appropriate or readily adaptable for normal office use at the end of the Term and shall restore the Premises to its condition prior to the installation of such alterations, and (iii) Tenant shall, at if requested by Landlord (which request must be made within sixty (60) days after the time expiration or earlier termination of terminationthe Term), remove from the goods, effects Premises any raised floor installed in the Premises and fixtures which Tenant is directed any cables or wires installed beneath such raised floor and shall restore the Premises to its condition prior to such installation. Any removal and restoration required or permitted by Tenant hereunder shall be done in a good and workmanlike manner and Tenant must repair any damage caused by such removal and restoration. If Tenant does not remove and restore as required hereunder, Landlord may remove and restore to the extent not done by Tenant, 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 other items of personal property from the Premises prior to the expiration or earlier termination of the Term. 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 accordance with which event Landlord may cause such items to be removed and disposed of at Tenant's expense, without notice to Tenant and without obligation to compensate Tenant. Notwithstanding anything herein to the contrary, during the last three (3) months of the Term, Tenant may request that Landlord inform Tenant as to whether certain specific items will be required to be removed from the Premises pursuant to the provisions of this Section 5.1015, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any Landlord shall have sixty (60) days from receipt of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by to inform Tenant and may be disposed whether Landlord will so require removal of by Landlord at those items referred to in Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without 's notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Sources: Sublease Agreement (Ziplink Inc)

Surrender. At Except as required under Section 23 of the Original Lease (regarding removal of Lines) and except as required under Section 25.5 of the Original Lease and Section 8 above (regarding Units and Package Units), and except for Tenant's obligation to remove all of Tenant's full floor signage (i.e., any signage in the elevator lobby, hallways, or other areas of any full floor leased by Tenant), upon the expiration of the Term or earlier termination of this the Lease, without the requirement of any noticeas amended hereby, Tenant shall peaceably surrender possession of the Premises including all alterations to Landlord in as good condition and additions thereto repair as exists as of the date of this Fourth Amendment, except for reasonable wear and all replacements thereoftear, including carpetingcasualty, condemnation and repairs that are Landlord's express responsibility hereunder. Notwithstanding the foregoing, (a) in the event any Alterations are installed by Tenant in the Premises after the date of this Fourth Amendment which are not approved by Landlord, Tenant shall remove such non-approved Alterations upon the expiration or earlier termination of the Lease and repair any damage associated with such removal, and (b) in the event Alterations are installed by Tenant in the Premises after the date of this Fourth Amendment (including, without limitation, any water or electricity meters, and all fixtures and partitions, Tenant Improvement Work to be installed in any way bolted or otherwise the Premises by Tenant in accordance with the Work Letter attached to the Premises (which shall become the property of Landlord) except for such alterations and additions Third Amendment as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingExhibit A), which are approved by Landlord, Tenant shall always not be required to remove unless Landlord agreessuch Tenant Improvement Work or Alterations upon the expiration or earlier termination of the Lease. For clarity, nothing contained in its sole discretion, that Tenant this Section 10 shall not be obligated construed to limit Tenant's obligation to remove all the Lines, Units, Package Units upon the expiration or a portion earlier termination of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordLease.

Appears in 1 contract

Sources: Lease Agreement (Nutanix, Inc.)

Surrender. At Tenant agrees that on the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all alterations interior walls cleaned so they appear painted, any carpets cleaned, all floors cleaned and additions thereto waxed, all non-working light bulbs and ballasts replaced and all replacements thereof, including carpeting, any water or electricity metersroll-up doors and plumbing fixtures in good condition and working order, and all fixtures (b) otherwise in accordance with Paragraph 32(h). Normal wear and partitionstear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, in any way bolted on or otherwise attached to about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall become be required), require Tenant at Tenant's expense to remove any or all Alterations constructed and installed hereto, 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 waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall . If the Premises are not be obligated to remove all surrendered at the end of the Term or a portion sooner termination of such cabling)this Lease, and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10Paragraph 11 and Paragraph 32(h) below, making any repairs Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the terms of this Lease then Landlord mayPremises including, without noticelimitation, store Tenant’s personal property (any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and those losses to Landlord due to lost opportunities to lease any portion of the Premises to any person claiming under Tenant) at the expense such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordcosts.

Appears in 1 contract

Sources: Lease Agreement (Bridge Capital Holdings)

Surrender. At Upon termination of this Lease Tenant shall surrender to Port the Premises and all Improvements thereon in good condition (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 18 and 19 hereof), except for Improvements and Alterations which Tenant has the right to remove or is obligated to remove under the provisions of Section 13. Tenant shall repair any damage to the Premises for which Tenant is liable under this Lease. Tenant shall remove all of its personal property and shall perform all restoration made necessary by the removal of any Improvements, Alterations or Tenant's personal property within the time periods stated in this Lease. Port may elect to retain or dispose of any Improvements or Tenant's personal property which Tenant does not remove from the Premises as allowed or required by this Lease by giving at least ten (10) days' prior written notice of such election to Tenant. Except with respect to (i) Tenant's personal property as to which Port has waived in writing any right it may have or may have acquired, (ii) Tenant's property which is covered by any filed financing statement, and (iii) any Hazardous Material left in or on the Premises, title to any Improvements, Alterations or to Tenant's personal property which Port elects to retain or dispose of upon expiration of the ten-day period shall vest in Port. Tenant waives all claims against Port for any damage to Tenant resulting from Port's retention or disposition of any Improvements, Alterations or Tenant's personal property. Tenant shall be liable to Port for all costs incurred by Port for storing, removing or disposing of any Improvements, Alterations or Tenant's personal property. If Tenant fails to surrender the Premises as required by this Section 25.1, Tenant shall hold Port harmless from all damages resulting from Tenant's failure to surrender the Premises, including, but not limited to, claims made by a succeeding tenant resulting from Tenant's failure to surrender the Premises. No act or conduct of Port, including, but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term or earlier Term. Only a notice from Port to Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Sources: Lease (United States Marine Repair Inc)

Surrender. At On or before the Expiration Date or sooner termination date of this Lease, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear excepted, broom clean, and otherwise in the condition required under this Article 11. Tenant shall not, however, be required to repair (or pay for the repair of) any Casualty Damage except to the extent-such repairs are the obligation of Tenant under Article 16. On or before the expiration of the Term or earlier sooner termination of this Lease, without Tenant shall (a) remove all of Tenant’s Property from the requirement Project; (b) remove all Premises Improvements (including any Wiring installed by or for Tenant) except those which Landlord has confirmed in writing may be left in place; and (c) fully repair any damage to the Premises or other portions of the Project caused by the removal of Tenant’s Property and the Premises Improvements. Landlord may, by Notice to Tenant given at any time prior to the Expiration Date (or, in the event of a termination of this Lease prior to the scheduled Expiration Date, at any time within thirty (30) days following Notice of such termination), confirm the obligation of Tenant to either remove or leave in place any or all of the Premises Improvements, but failure to provide any such Notice, or to specify any particular Premises Improvement therein, shall not change any of Tenant’s obligations with respect to the removal of any noticePremises Improvements. Notwithstanding anything to the contrary in the foregoing, Landlord acknowledges and agrees that, except as may be designated in a separate written Notice to Tenant at the time of Landlord’s approval of the Approved Final Plans, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always not be required to remove unless any improvements constructed and/or installed by Landlord agreespursuant to the Improvement Agreement. Any of Tenant’s Property not removed from the Project by Tenant as required herein shall be deemed abandoned and may be retained, used, stored, removed or disposed of by Landlord as Landlord sees fit in the exercise of its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualtywaives all Claims against Landlord resulting therefrom. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within Within ten (10) days after notice following Landlord’s invoice therefor, Tenant shall reimburse Landlord for all costs incurred by LandlordLandlord in (x) storing, removing or disposing of any abandoned Tenant’s Property; and (y) repairing any damage to the same Premises or Project caused by Tenant, but only to the extent the making of (or payment for) such repairs is the responsibility of Tenant under this Lease; and (z) removing any Premises Improvements which Tenant was required to remove, and all repair and restoration work necessitated by such removal. Tenant represents and warrants that all Tenant’s Property and Premises Improvements shall be deemed abandoned by Tenant free and may be disposed clear of by Landlord at all liens and encumbrances, and that no other person shall have any ownership or use interest therein as of the Expiration Date or sooner termination of the Lease, All Tenant’s expense. In obligations under this Article 11 shall survive the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms expiration or sooner termination of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordLease.

Appears in 1 contract

Sources: Lease Agreement (FusionStorm Global, Inc.)

Surrender. At The LESSEE shall at the expiration of the Term or earlier other termination of this LeaseLease remove all LESSEE's goods and effects from the Premises (including, without hereby limiting the requirement generality of any noticethe foregoing, Tenant shall peaceably surrender all signs and lettering affixed or painted by the Premises including all alterations and additions thereto and all replacements thereofLESSEE, including carpetingeither inside or outside the Premises). All additions, any water or electricity metersalterations, fixtures, and all fixtures and partitions, in any way bolted or otherwise attached other improvements to the Premises (which except for trade fixtures of LESSEE), whether made by LESSOR or LESSEE, shall become the property a part of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance remain with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises throughout the lease term and thereafter, except that LESSEE shall upon expiration or termination of this Lease remove any alterations, additions or improvements in the condition in which the same are made by LESSEE if such removal was required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted LESSEE's consent to remove in accordance with the provisions of this Section 5.10, making any repairs to their installation (if such consent was required hereunder). LESSEE shall surrender the Premises and other areas necessitated by such removal and leaving to LESSOR in the same broom clean condition that the Premises were in on the Commencement Date except for (i) ordinary wear and tear;(ii) damage by the elements, fire, or other casualty; (iii) condemnation; (iv) damage arising from any cause not required hereunder to be repaired, replaced, or paid for by LESSEE; and (v) alterations as permitted by this Lease except as required to be removed as provided in the condition otherwise required by this Section 5.10preceding sentence. Should Tenant fail In the event of the LESSEE's failure to remove any of such goods, effects, and fixtures LESSEE's property from the Premises within ten (10) days after notice by Landlordthe expiration or termination of the Lease, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any of the property at LESSEE's expense, or to retain same shall be deemed abandoned by Tenant and may be disposed of by Landlord under LESSOR's control or to sell at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord maypublic or private sale, without notice, store Tenant’s personal any or all of the property (not so removed, and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and to apply the net proceeds of such sale to the earliest payment of installments of Rent any sum due hereunder, or other charges owing Landlordto destroy such property.

Appears in 1 contract

Sources: Lease Agreement (Digital Lightwave Inc)

Surrender. At Upon the expiration or other cancellation or termination of the Term or earlier termination of this Lease(such date, without as applicable, being hereinafter referred to as the requirement of any notice“Surrender Date”), Tenant shall peaceably vacate and surrender possession of the Premises including all alterations to Landlord in good order, repair and additions thereto and all replacements thereofcondition, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable ordinary wear and tear and any other damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted not obligated to remove repair in accordance with the provisions of this Section 5.10Lease. Upon the expiration or other termination of the Term, making any repairs Tenant shall (a) remove all Alterations to the Premises which are required to be removed by Tenant upon the expiration or earlier termination of the Term pursuant to the provisions of Article 10 or any other applicable provisions of this Lease, and, in connection with the removal of such Alteration, restore the Premises to the condition existing prior to the installation of such Alterations (it being understood that such removal and restoration shall be performed subject to the provisions of Article 10 of this Lease), and (b) remove all of Tenant’s trade fixtures, office furniture, office equipment and other areas necessitated personal property from the Premises. Tenant shall promptly repair any damage caused by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goodsor, effectsat Landlord’s option, and fixtures pay Landlord within ten thirty (1030) days after notice demand the reasonable cost of repairing any damage to the Premises or Building caused by Landlord, the same removal of any such items. Landlord shall furnish reasonable supporting documentation for such costs to Tenant promptly after Tenant’s request. Any of Tenant’s property remaining in the Premises will be conclusively deemed to have been abandoned by Tenant and may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord at without further notice to or demand upon Tenant, and without liability or obligation to account to or compensate Tenant, and Tenant will pay Landlord within thirty (30) days after demand all costs incurred by Landlord relating to such abandoned property. Landlord shall furnish reasonable supporting documentation for such costs to Tenant promptly after Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordrequest.

Appears in 1 contract

Sources: Office Lease (Learning Tree International Inc)

Surrender. At the Upon expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including to Landlord in its then improved, broom clean condition, subject to ordinary wear and tear. Except as otherwise provided herein, all alterations Alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Tenant Improvements shall become a part of the Premises (which and shall become the property of Landlord) except for such alterations and additions as Landlord has directed upon the expiration or earlier termination of this Lease. Tenant shall not be required to remove when any Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above Improvements (other than cabling, which ) completed prior to the Commencement Date. Tenant shall always not be required to remove any Alterations from the Premises unless Landlord agreesconditioned its consent upon such removal by written notice to Tenant at the time Landlord first consented to the Alteration. If Landlord conditioned its consent on Tenant’s obligation to remove any Alterations from the Premises, in its sole discretion, that Tenant shall not be obligated promptly remove prior to remove all or a portion the date of such cabling)expiration or termination the Alterations designated by Landlord to be so removed and shall promptly restore, patch and repair any resulting damage, all at Tenant’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions, wallcoverings, telecommunications equipment, data cabling and items of personal property owned by Tenant shall leave or installed by Tenant at its expense in the Premises shall be and improvements in remain the condition in which property of Tenant; upon the same are required to be maintained under Section 5.1expiration or earlier termination of this Lease, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of terminationits sole expense, remove the goods, effects all such items and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making repair any repairs damage to the Premises and other areas necessitated or the Project caused by such removal and leaving the Premises in the condition otherwise required by this Section 5.10removal. Should If Tenant fail fails to remove any such items or repair such damage promptly after the expiration or earlier termination of such goodsthis Lease, effects, and fixtures within ten (10) days after notice by Landlord, the same Tenant shall be deemed to have abandoned by Tenant and the same, in which case Landlord may be disposed of by Landlord store the same at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property expense (and those Tenant shall pay Landlord the cost thereof within thirty (30) days of demand) and thereafter dispose of the same in any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordmanner permitted by applicable Laws.

Appears in 1 contract

Sources: Office Lease (Capitalsource Inc)

Surrender. At Upon the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear, and in the condition of a class A office building of similar size, use, appearance and occupancy located in the Dallas/Fort Worth greater metropolitan area; provided, however, that the condition of the Premises surrendered upon termination may not be the same as received from Landlord at the commencement of this Lease to the extent of any construction in progress at the time of the execution of this Lease, and the Premises shall be in sound, completed condition, in good order and broom clean upon termination and without any construction then being in progress. So long as Tenant is not in default hereunder, Tenant may remove from the Premises, prior to or within a reasonable time (not to exceed thirty (30) days) after the expiration or termination of the Term of this Lease, all alterations and additions thereto and all replacements thereofproperty owned by Tenant, including carpetingand, at Tenant's expense, shall at such times of removal, repair any damage caused by such removal. Property not removed within said thirty (30) day period (including, without limitation, any water or electricity meters, and all trade fixtures and partitions, in any way bolted or otherwise attached to the Premises (which of Tenant) shall become the property of Landlord) except for such alterations and additions as . Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingmay, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion after the expiration of such cabling)thirty (30) day period, cause such property to be removed and Tenant the cost of removal and disposition, as well as the cost of repairing any damage caused by such removal, shall leave be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination or expiration of this Lease, all fixtures, excluding Tenant's trade fixtures timely removed as hereinbefore described, but including, without limitation, the heating, ventilation and air conditioning systems, shall remain on the Premises at all times and improvements in shall become the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualtyproperty of Landlord. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the The provisions of this Section 5.10, making 25 shall survive any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms termination or expiration of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordLease.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)

Surrender. At the expiration Upon termination of the Lease Term or earlier termination of this LeaseTenant's right of possession, without all Tenant Made Alterations and Non-Structural Alterations and any improvements constructed by Landlord pursuant to the requirement of any noticeConstruction Addendum, Tenant if any, attached hereto ("Initial Improvements") shall peaceably surrender remain in the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become as the property of Landlord) except for such alterations and additions as Landlord has directed . Tenant shall have the right to remove when its Trade Fixtures subject to the repair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of Default, Landlord may, by 90 days written notice to Tenant, require Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required at Tenant's expense to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove any or all Trade Fixtures and/or any or a portion of such cabling)all Tenant-Made Alterations and/or Non-Structural Alterations and/or the Initial Improvements, and Tenant shall leave the Premises and improvements to repair any damage caused by such removal in the same condition in which the same are required to be maintained under Section 5.1as received, subject to reasonable broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by casualtyParagraphs 15 and 16 excepted. Any Trade Fixtures, Tenant-Made Alterations, Non-Structural Alterations or Initial Improvements and property not so removed by Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed as permitted or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same -10- <PAGE> herein shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk All obligations of Tenant orhereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, if Landlord so electsincluding without limitation, Landlord may sell such personal property in accordance indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the previous sentence condition and apply repair of the net proceeds to the earliest of installments of Rent or other charges owing LandlordPremises.

Appears in 1 contract

Sources: Lease Agreement

Surrender. At Upon the expiration of the Term or earlier other termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including to Landlord vacant and broom-clean, with all alterations improvements and additions thereto and all replacements thereofAlterations (except as provided below) in their good condition, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear tear, damage from casualty or condemnation and damage by casualty. any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall, at shall remove from the time of termination, remove the goods, effects and fixtures which Premises any Alterations that Tenant is directed or permitted required by Landlord to remove in accordance with under the provisions of this Section 5.10, making any repairs to the Premises Lease and other areas necessitated by all of Tenant’s Property and trade fixtures. If such removal and leaving is not completed at the Premises in the condition otherwise required by expiration or other termination of this Section 5.10. Should Tenant fail to Lease, Landlord may 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -44- remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In Any damage to the event that Landlord terminates this Lease pursuant Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of damage to Section 7.1 ceilings and walls, but Tenant shall not be required to re-enters and possesses paint, touch-up paint, fill minor nail holes, etc.) or, if Tenant fails to do so, Landlord may do so at Tenant’s expense. The removal of Alterations from the Premises in accordance with shall be governed by Paragraph 9 above. Tenant’s obligations under this paragraph shall survive the terms expiration or other termination of this Lease. Upon expiration or termination of this Lease then Landlord may, without notice, store or of Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of possession, Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds shall surrender all keys to the earliest Premises or any other part of installments the Building and shall make known to Landlord the combination of Rent or other charges owing Landlordlocks on all safes, cabinets and vaults that may be located in the Premises.

Appears in 1 contract

Sources: Office Lease (Warner Music Group Corp.)

Surrender. At Upon the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant --------- shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereofTenant Improvements and Alterations to Landlord broom-clean and in their original condition, including carpetingexcept for reasonable wear and tear, damage from casualty or condemnation and any water changes resulting from approved Alterations; provided, however, that not later than the expiration or electricity meters, 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 fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Alterations that Landlord has directed elected to require Tenant to remove when as provided in Section 6.1 - Tenant requested Landlord’s approval for Improvements & A1terations, and repair any damage caused by such alterations and additions in accordance with Section 5.9 above (other than cablingremoval provided, which Tenant shall always be required to remove unless Landlord agreeshowever, in its sole discretion, that upon expiration or termination of this Lease Tenant shall not be obligated to remove all any Hazardous Material from the Property unless Handled by Tenant at the Property. In no event shall Tenant be required to remove Tenant Improvements, except those Tenant Improvements, if any, identified by Landlord when Landlord approves the Construction Documents (as defined in Exhibit B attached hereto). If such removal is not completed upon the expiration or a portion termination of such cabling)the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall leave pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises and improvements in for the condition in which period from the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at 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 termination, remove the goods, effects and fixtures which Tenant is directed all or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any portion of such goods, effects, property if Tenant does not pay all such costs and fixtures retrieve the property within ten (10) days after notice by from Landlord (in which event title to all such property described in Landlord, the same 's notice shall be deemed abandoned by transferred to and vest in Landlord). Tenant and may be disposed waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of by Landlord at Tenant’s expenseany such property. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms Upon expiration or termination of this Lease then Landlord mayor of Tenant's possession, without noticewhichever is earliest, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds shall surrender all keys to the earliest Premises or any other part of installments the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of Rent 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 other charges owing Landlordtermination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Natus Medical Inc)

Surrender. At On or before the Expiration Date or sooner termination date of this Lease, Tenant shall surrender the Premises and all Premises Improvements (except those which Tenant is required to remove) to Landlord in good condition and repair, normal wear and tear excepted, with all interior walls, floors and floor coverings cleaned, and otherwise in the condition required under this Article 11. Tenant shall not, however, be required to repair (or pay for the repair of) any Casualty Damage except to the extent such repairs are the obligation of Tenant under Article 16. The term “normal wear and tear” does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper maintenance, or by Tenant’s full and timely performance of all its obligations under this Lease. On or before the expiration of the Term or earlier sooner termination of this Lease, without Tenant shall (a) remove all of Tenant’s Property from the requirement Project; (b) remove all Premises Improvements which Tenant is required to remove, and all Premises Improvements which Tenant is permitted (and has elected) to remove; and (c) fully repair any damage to the Premises or other portions of any noticethe Project caused by the removal of Tenant’s Property and the Premises Improvements. If requested by Landlord in writing at the time Landlord approves of the installation or construction of said Premises Improvements, Tenant shall peaceably surrender remove or cause to be removed at its expense, upon the expiration or any sooner termination of this Lease, any and all Premises Improvements made in or upon the Premises including all alterations during the Term by or for Tenant. Any of Tenant’s Property not removed from the Project by Tenant as required herein shall be deemed abandoned and additions thereto and all replacements thereofmay be retained, including carpetingused, any water stored, removed or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property disposed of Landlord) except for such alterations and additions by Landlord as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions sees fit in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in the exercise of its sole discretion, that and Tenant waives all Claims against Landlord resulting therefrom. Within ten (10) days following Landlord’s invoice therefor, Tenant shall not be obligated reimburse Landlord for all costs incurred by Landlord in (x) storing, removing or disposing of any abandoned Tenant’s Property; and (y) repairing any damage to remove all the Premises or a portion Project caused by Tenant, but only to the extent the making of (or payment for) such cabling)repairs is the responsibility of Tenant under this Lease; and (z) removing any Premises Improvements which Tenant was required to remove, and all repair and restoration work necessitated by such removal. Tenant shall leave the in place all Premises and improvements in the condition in Improvements (including Wiring) except those which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Landlord requires Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10Article 11, making without any repairs obligation on the part of Landlord to reimburse Tenant for the value thereof. Tenant represents and warrants that all Tenant’s Property and Premises Improvements shall be free and other areas necessitated by such removal clear of all liens and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effectsencumbrances, and fixtures within ten (10) days after notice by Landlord, that no other person shall have any ownership or use interest therein as of the same shall be deemed abandoned by Tenant and may be disposed Expiration Date or sooner termination of by Landlord at the Lease. All Tenant’s expense. In obligations under this Article 11 shall survive the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms expiration or sooner termination of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordLease.

Appears in 1 contract

Sources: Lease Agreement (Plumtree Software Inc)

Surrender. At Upon the expiration of the Term or earlier termination of this LeaseMOU, without HSH shall surrender to Port the requirement Premises and any pre-existing alterations and improvements in good condition (except for ordinary wear and tear). Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by HSH, or HSH otherwise performing all of its obligations under this MOU. The Premises shall be surrendered clean, free of debris, waste, and Hazardous Materials, and free and clear of all liens and encumbrances other than liens and encumbrances existing as of the date of this MOU and any other encumbrances created by Port. On or before the expiration or earlier termination hereof, HSH shall remove all of its personal property and, unless Port directs otherwise, any alterations and improvements that HSH has installed with Port's consent, and perform all restoration made necessary by the removal of HSH's personal property. Without any prior notice, Tenant Port may elect to retain or dispose of HSH's personal property and any alterations and improvements that HSH has installed with or without Port's consent that HSH does not remove from the Premises prior to the expiration or earlier termination of this MOU. These items shall peaceably be deemed abandoned. Port may retain, store, remove, and sell or otherwise dispose of abandoned property, and HSH waives all Claims against Port for any damages resulting from Port's retention, removal and disposition of such property; provided, however, that HSH shall be liable to Port for all costs incurred in storing, removing and disposing of abandoned property and repairing any damage to the Premises resulting from such removal. HSH agrees that Port may elect to sell abandoned property and offset against the sales proceeds Port's storage, removal, and disposition costs without notice to HSH. HSH hereby waives the benefits of California Civil Code Section 1993 et seq., to the extent applicable. If HSH fails to surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section, HSH shall Indemnify Port from all damages resulting from HSH's failure to surrender the Premises, including, but not limited to, any costs of Port to enforce this Section 5.10. Should Tenant fail and Claims made by a succeeding tenant resulting from HSH's failure to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses surrender the Premises as required together with, in accordance with each instance, reasonable attorneys' fees and costs. HSH’s obligation under this Section shall survive the terms expiration or earlier termination of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordMOU.

Appears in 1 contract

Sources: Memorandum of Understanding

Surrender. At (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 of the Term or earlier termination of this Lease, without Tenant shall remove from the requirement 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 or its assignees or subtenants. Tenant shall repair any noticedamage resulting from such removal and shall restore the Property to good order and condition, excepting only ordinary wear and tear, casualty damage or other conditions that Tenant is not required to remedy under this Lease. Any of Tenant's 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 peaceably surrender pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of the Premises including all alterations 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 (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 additions thereto and all replacements thereofthereafter the Monthly Rent shall be double the Monthly Rent for the last full month immediately preceding the holdover, including carpetingor (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 water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which holdover by Tenant shall always be required constitute a default on the part of Tenant under this Lease entitling Landlord to remove unless exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord agrees, in its sole discretion, that the event of a Tenant shall not be obligated to remove all or a portion of such cabling)default, and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1liable for all damages, subject to reasonable wear and tear and damage by casualty. Tenant shallincluding consequential damages, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses suffers as a result of the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordholdover.

Appears in 1 contract

Sources: Lease Agreement (Tasty Baking Co)

Surrender. At (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 remove from the Property (i) all furniture, trade fixtures and equipment, all other personal property owned by Tenant or its assignees or subtenants, (ii) all Alterations that were expressly required by Landlord to be removed at the time such approval, if applicable, was given, and, (iii) with respect to the Phase 1-B location only, all improvements that are inconsistent with office space use. Notwithstanding anything to the contrary contained in the foregoing, it is hereby understood that no Tenant wiring and cabling is required to be removed from the Building, and, with respect to the Phase 1-A location, Tenant laboratory improvements, trade specific improvements relating to Tenant’s business (such as piping, equipment exhaust, Thermo-oxidizers, etc.), shall not be required to be removed. 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, temporarily store, sell or otherwise dispose of or recycle 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 Term Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all reasonable and actual out of pocket costs Landlord incurs to so restore the Premises. (b) If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease, without Tenant’s occupancy of the requirement Premises shall be that of a tenancy at will. Tenant’s occupancy during any noticeholdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that (i) there shall be no increase in Monthly Rent for the first thirty (30) days of the holdover, (ii) the Monthly Rent for the second thirty (30) days of the holdover shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover, and (iii) thereafter the Monthly Rent shall be 200% 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 peaceably surrender 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, except as limited below) that Landlord suffers as a result of the holdover. Notwithstanding the foregoing (A) if Landlord enters into a new lease for all or any part of the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached prior to the Premises (which shall become expiration or earlier termination of the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingTerm, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated liable for consequential damages unless Tenant fails to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses fully vacate the Premises in accordance with this Lease within ninety (90) days after the terms expiration or earlier termination of the Term, or (B) if after the expiration or earlier termination of this Lease then Landlord may, without notice, store Tenant’s personal property provides Tenant with written notice (the “Negotiation Notice”) that Landlord either (y) is in active negotiations with a potential tenant for all or part of the Premises (and those Landlord subsequently enters into a lease with such potential tenant), or (z) has entered into a lease of any person claiming under Tenant) at all or part of the expense and risk of premises, then Tenant or, if Landlord so elects, Landlord may sell such personal property shall not be liable for consequential damages unless Tenant fails to fully vacate the Premises in accordance with this Lease within ninety (90) days after Landlord delivers the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordNegotiation Notice.

Appears in 1 contract

Sources: Lease Agreement (Iovance Biotherapeutics, Inc.)

Surrender. At Upon the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably leave and surrender the Leased Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the same condition in which the same are Leased Premises was at the Commencement Date, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required to be maintained under Section 5.1by any provision of this Lease, subject to reasonable and except for ordinary wear and tear and damage by casualty. Tenant shall, at the time any Condemnation as set forth in Section 18(c) and any Casualty resulting in a termination of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 18(d). Tenant shall remove from the Leased Premises all Tenant’s Property and re-enters all other personal property which is owned by Tenant or third parties other than Landlord, and possesses repair any damage caused by such removal and restore the Leased Premises in accordance with to good condition suitable for use of each Location as a Permitted Facility by another Person (including, without limitation, restoration of floor slabs, ceiling, walls, columns and other structural elements of the terms Improvements or building systems affected by installation or removal of any Tenant’s Property). Those items of Tenant’s Property and other personal property not so removed prior to the expiration of this Lease then Landlord may, without notice, store Tenant’s personal or thirty (30) days after an earlier termination shall be considered abandoned and shall become the sole and exclusive property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord. Landlord may sell thereafter cause such personal property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be paid by Tenant to Landlord upon demand. Landlord shall not in accordance with any manner or to any extent be obligated to reimburse Tenant for any property which becomes the previous sentence and apply property of Landlord pursuant to this Section 31. This Section 31 shall survive the net proceeds to the earliest expiration or earlier termination of installments of Rent or other charges owing Landlordthis Lease.

Appears in 1 contract

Sources: Master Lease Agreement (Bob Evans Farms Inc)

Surrender. At The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall agrees to peaceably surrender the Premises including to Landlord broom clean and in good order, repair and condition, ordinary wear and tear and casualty damage (if this Lease is terminated as a result thereof pursuant to Paragraph 20) excepted, with all alterations of Tenant's personal property and additions thereto Alterations (as defined in Paragraph 13) removed from the Premises to the extent required under Paragraph 13 and all replacements thereofdamage caused by such removal repaired as required by Paragraph 13. In addition, including carpetingunless otherwise agreed to in writing by Landlord, any water upon the expiration or electricity metersearlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, (i) remove all fixtures computer and partitions, telephone wiring and cabling installed in any way bolted or otherwise attached to the Premises by or for Tenant and (which ii) repair any damage caused by such removal. If any such wiring and/or cabling is not so removed pursuant to this Subparagraph 11(a), then at Landlord's option, either such wiring and/or cabling shall become the property of Landlord (without payment by Landlord) except for or Landlord may remove such alterations and additions as wiring and/or cabling at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable law). Prior to the date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord has directed reasonable prior notice of the exact date Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless will surrender the Premises so that Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave can schedule a walk-through of the Premises to review the condition of the Premises and improvements in identify the condition in Alterations and personal property which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to remain upon the Premises and other areas necessitated by such removal and leaving which items Tenant is to remove, as well as any repairs Tenant is to make upon surrender of the Premises in the condition otherwise required by this Section 5.10Premises. Should Tenant fail The delivery of keys to remove any employee of such goods, effects, and fixtures within ten (10) days after notice by Landlord or to Landlord, the same shall 's agent or any employee thereof alone will not be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant sufficient to Section 7.1 and re-enters and possesses the Premises in accordance with the terms constitute a termination of this Lease then Landlord may, without notice, store Tenant’s personal property (and those or a surrender of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordPremises.

Appears in 1 contract

Sources: Office Building Lease (Alliance Bancshares California)

Surrender. At Upon the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably leave and surrender the Premises including all alterations to Landlord broom clean and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same Premises are required to be maintained under Section 5.1by the terms of this Lease, subject to reasonable wear and tear excepted. Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and damage by casualtyshall inform Landlord of the combinations to all locks, safes and vaults in the Premises. Tenant shall, at the time of terminationits expense, remove from the goods, effects and fixtures which Tenant is directed Premises on or permitted prior to remove in accordance with the provisions expiration or earlier termination of this Lease all furnishings, fixtures and equipment situated thereon as well as those Alterations that are required to be removed pursuant to Section 5.1016.5. Tenant shall, making at its expense, on or prior to such expiration or earlier termination of this Lease, repair any repairs to the Premises and other areas necessitated damage caused by such removal removal. Any property not so removed, may be removed by Landlord and leaving stored and/or retained or sold by Landlord and the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any cost of such goodsremoval, effectsstorage and disposition as well as the cost of repairing any damages caused by such removal, and fixtures shall be paid by Tenant within ten thirty (1030) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expensereceipt of written demand therefor and such sums shall accrue interest at the Default Rate from the date incurred until paid in full. In Tenant’s obligation under this Article 25 shall survive the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms expiration or earlier termination of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordLease.

Appears in 1 contract

Sources: Lease Agreement (Aditx Therapeutics, Inc.)

Surrender. At Upon the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant T▇▇▇▇▇ shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereofTenant Improvements and Alterations to Landlord broom-clean in good working order and repair, including carpetingexcept for reasonable wear and tear, damage from casualty or condemnation and any water changes resulting from approved Alterations; provided, however, that prior to the expiration or electricity meterstermination of this Lease Tenant shall, at Landlord’s request, 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 fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Alterations that Landlord has directed elected to require Tenant to remove when as provided in Section 6.1 - Tenant requested Landlord’s approval for Improvements & Alterations above, and repair any damage caused by such alterations and additions in accordance removal. If such removal is not completed before the expiration or termination of the Term, subject to compliance with Section 5.9 above applicable Laws, Landlord shall have the right (other than cabling, which Tenant shall always be required but no obligation) to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling)the same, and Tenant shall leave pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises and improvements for the period from the end of the Term through the end of the time reasonably required for such removal (provided the foregoing shall not apply to minor items left in the condition in which Premises, the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving disposal thereof requiring no more than de minimus costs and effort). Landlord shall also have the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail right to remove retain or dispose of all or any portion of such goods, effects, property if Tenant does not pay all such costs and fixtures retrieve the property within ten (10) days after notice by from Landlord (in which event title to all such property described in Landlord, the same ’s notice shall be deemed abandoned by transferred to and vest in Landlord). Tenant and may be disposed waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of by Landlord at Tenant’s expenseany such property. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms Upon expiration or termination of this Lease then Landlord may, without notice, store or of Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of possession, whichever is earliest, Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds shall surrender all keys to the earliest Premises or any other part of installments the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of Rent 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 other charges owing Landlordtermination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Corsair Gaming, Inc.)

Surrender. At Upon the expiration or sooner termination of this Lease, Tenant shall surrender the Term Premises in as good condition as when received, reasonable wear and tear excepted, broom clean and free of trash and rubbish, and free from all tenancies or occupancies by any person. Tenant shall remove all trade fixtures, furniture, equipment and other personal property installed in the Premises prior to the expiration or earlier termination of this Lease. Unless otherwise provided in Paragraph 7 or waived by Landlord in writing prior to the expiration or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender remove at its sole cost all alterations, additions and improvements made by Tenant to the Premises including Premises; provided, however, if Tenant requests Landlord to notify Tenant whether a particular alteration's removal will be required in conjunction with Tenant's request for Landlord's consent to any particular proposed alterations (together with such other documents, plans, etc. as Landlord may request in accordance with Paragraph 7), Landlord shall notify Tenant whether the removal of such alterations will be required at the expiration or earlier termination of this Lease. Notwithstanding the foregoing, at the election of Landlord, all alterations (or such portion as Landlord shall designate) alterations, additions and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached improvements to the Premises (which including, without limitation, all wall coverings, floor coverings, built-in cabinets, paneling and the like, shall become the property of Landlord) except for such alterations Landlord and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave remain on the Premises and improvements in at the condition in which end of the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualtyTerm. Tenant shall, at the time of terminationits own cost, remove the goods, effects completely repair any and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs all damage to the Premises and other areas necessitated the Building resulting from or caused by such removal. The provisions of Paragraph 7 shall apply to such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordrepair work.

Appears in 1 contract

Sources: Standard Industrial Lease Agreement (Etoys Inc)

Surrender. At Tenant agrees that on the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all alterations interior walls cleaned and additions thereto and all replacements thereof, including carpetingrepaired, any water or electricity meterscarpets cleaned, and all fixtures floors cleaned, and partitions, in any way bolted or (b) otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above Paragraph 32(e). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (other than cabling, which i) Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cablingTenant’s Property (as hereinafter defined), including Tenant’s wiring and cabling installed in the Premises by Tenant shall leave prior to and during Tenant’s occupancy, and Tenant’s signage from the Premises and improvements the Building and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the condition event of a termination of this Lease prior to the scheduled Expiration Date, in which the same are required event no advance notice shall be required), require Tenant at Tenant’s expense to be maintained under Section 5.1, subject remove any or all Alterations and to reasonable wear and tear and repair any damage caused by casualty. Tenant shallsuch removal; provided that Landlord notified Tenant, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove Landlord consented such Alterations in accordance with Paragraph 12, that Landlord would require removal of any Alterations at the provisions end of this Section 5.10, making any repairs to the Premises and other areas necessitated Term. Any of Tenant’s Property not so removed by such removal and leaving the Premises in the condition otherwise Tenant as required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same herein shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. In the event that All Tenant Improvements and Alterations, except those which Landlord terminates this Lease pursuant requires Tenant to Section 7.1 and re-enters and possesses remove, shall remain in the Premises in accordance with as the terms property of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Sources: Lease Agreement (INVO Bioscience, Inc.)

Surrender. At the expiration Upon termination of the Lease Term or earlier termination of this LeaseTenant's right of possession, without all Tenant Made Alterations and Non-Structural Alterations and any improvements constructed by Landlord pursuant to the requirement of any noticeConstruction Addendum, Tenant if any, attached hereto ("Initial Improvements") shall peaceably surrender remain in the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become as the property of Landlord) except for such alterations and additions as Landlord has directed . Tenant shall have the right to remove when its Trade Fixtures subject to the repair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of Default, Landlord may, by 90 days written notice to Tenant, require Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required at Tenant's expense to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove any or all Trade Fixtures and/or any or a portion of such cabling)all Tenant-Made Alterations and/or Non-Structural Alterations and/or the Initial Improvements, and Tenant shall leave the Premises and improvements to repair any damage caused by such removal in the same condition in which the same are required to be maintained under Section 5.1as received, subject to reasonable broom clean, ordinary wear and tear and damage casualty loss and condemnation covered by casualtyParagraphs 15 and 16 excepted. Any Trade Fixtures, Tenant-Made Alterations, Non-Structural Alterations or Initial Improvements and property not so removed by Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed as permitted or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same herein shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk All obligations of Tenant orhereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, if Landlord so electsincluding without limitation, Landlord may sell such personal property in accordance indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the previous sentence condition and apply repair of the net proceeds to the earliest of installments of Rent or other charges owing LandlordPremises.

Appears in 1 contract

Sources: Lease Agreement (Celerity Group Inc)

Surrender. At the expiration time Tenant requests Landlord’s consent to any Tenant Alterations (including, without limitation, any "Tenant's Work") at the New Premises, Landlord shall notify Tenant if Landlord will require removal of any such item or items included as part of said Tenant Alterations at the end of the Term (or of tenant’s right to possession of the subject Premises under the Lease) (which removal requirement shall only be imposed by Landlord if Landlord, in its good faith judgment, determines that such item or items would be excessively costly or hazardous to remove or that such item or items are not customary for office tenant usage at comparable Class A office buildings in downtown Chicago, Illinois). Landlord's failure to advise Tenant, as part of its consent process, that a given Tenant Alteration is required to be removed upon expiration or earlier termination of this Lease or Tenant's right to possession hereunder, shall be construed to mean that Tenant need not so remove same and such determination shall be binding on Landlord at expiration or termination of the Lease (or of Tenant’s right to possession of the subject Premises under the Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached ). Notwithstanding anything herein to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingcontrary, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the any time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any tenant improvements located within the New Premises as of Landlord’s delivery of possession of such goodsNew Premises to Tenant on the New Premises Turnover Date. Further, effectsin no event shall Tenant be required at any time to remove any electrical, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) cabling or voice/data wiring installed at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordNew Premises.

Appears in 1 contract

Sources: Lease (FSP 303 East Wacker Drive Corp.)

Surrender. At the expiration of the Term tenancy created hereunder, whether by lapse of time or otherwise, ▇▇▇▇▇▇ shall surrender the Premises in good condition and repair, and shall remove all of its personal property, furniture, fixtures, and equipment, and all cabling and wiring installed by or for Tenant. In addition, upon the expiration or earlier termination of this Lease, without the requirement of any noticetenancy created hereunder, Tenant shall peaceably surrender completely sanitize the Premises including all alterations and additions thereto per Washington State Department of Health guidelines for COVID-19. Sanitization of the Premises shall extend to any and all replacements parts thereof, including carpeting, any water or electricity metersventilation systems, and all fixtures and partitionsclean-up and/or removal of any hazardous and/or biohazardous substance. Notwithstanding the provisions of Article 42 below, in for purposes of this Section, “hazardous and/or biohazardous substance” includes any way bolted substance or material which because of their quantity, concentration, or physical, chemical, or infectious characteristics may cause or pose a present or potential hazard to human health when improperly handled, treated, stored, transported, disposed of, or otherwise attached managed. Landlord shall have the right to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed elect to require Tenant to remove when any or all of Tenant’s Work and/or any of Tenant’s Changes or other alterations, by written notice given to Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above not later than thirty (other than cabling, which 30) days before the scheduled Expiration Date hereof. Tenant shall always be comply with the requirements of Exhibit “C” attached hereto at its sole expense, including without limitation the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s personal property, furniture, fixtures, equipment, cabling and wiring, as well as any Tenant’s Work, Tenant’s alterations or Tenant’s Changes that Tenant is hereby required to remove unless Landlord agreesremove, in its sole discretion, that and the removal of any generators or storage tanks installed by or for Tenant shall (whether or not be obligated the installation was consented to remove all or a portion of such cablingby Landlord), and the removal, replacement, or remediation of any aspect of the Property, including but not limited to the Building, soil, material or ground water contaminated by Tenant’s Permittees, all as may then be required by applicable Laws. At Landlord’s election, ▇▇▇▇▇▇▇▇ shall have the right to perform any or all of Tenant’s obligations under this paragraph, in which event Tenant shall leave the Premises and improvements reimburse Landlord’s costs incurred in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures connection therewith within ten (10) days after notice demand by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.Landlord.‌

Appears in 1 contract

Sources: Lease Agreement

Surrender. At Subject to its rights of removal described in Section 12 above, the Lessee shall at the expiration or other termination of this Lease remove all Lessee’s goods and effects from the Premises (including, without hereby limiting the generality of the Term foregoing, all signs and lettering affixed or painted by the Lessee, either inside or outside the Premises). Lessee shall deliver to the Lessor the Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Premises, in the same condition as they were at the commencement of the Term, or in the case of permitted alterations, additions and improvements as they were put in during the term hereof, reasonable wear and tear and damage by fire or other casualty and condemnation and repairs which are Lessor’s responsibility only excepted. In the event of the Lessee’s failure to remove any of Lessee’s property from the Premises, Lessor is hereby authorized, without liability to Lessee for loss or damage thereto, and at the sole risk of Lessee, to remove and store any of the property at Lessee’s expense, or to retain same under Lessor’s control or to sell at public or private sale, without notice, any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. Lessee recognizes that the Lessor may be required to guarantee delivery of possession to the new occupant promptly upon the expiration or earlier termination of this Lease. Accordingly, Lessee specifically agrees to remove all of its goods and effects and to deliver full possession of the Premises to Lessor not later than the date of the expiration or earlier termination hereof in order to avoid substantial, and perhaps irreparable harm to Lessor, Lessee agrees that Lessor shall have all remedies available at law or in equity for Lessee’s failure so to do. In addition to all such remedies, Lessee further agrees that any holding over by it which has not been consented to in writing by Lessor shall be treated as a tenancy at sufferance at the greater of (i) one and one-half times the monthly rent, or (ii) market rent for one (1) year (on a monthly basis), plus other charges then applicable as of the date of the expiration or earlier termination of this Lease, without and such tenancy at sufferance shall otherwise be on the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations terms and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, conditions set forth in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 so far as applicable. Any monies received after the termination date of the Lease will be applied for “use and re-enters occupancy only” and possesses will not reestablish the Premises in accordance with tenancy and shall otherwise be on the terms of and conditions set forth in this Lease then Landlord mayLease, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordas far as applicable.

Appears in 1 contract

Sources: Lease Agreement (Abiomed Inc)

Surrender. At (a) Upon the expiration of the Term or earlier termination of the term of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereofto Landlord in the same condition in which the Premises were originally received from Landlord except as repaired, including carpetingreplaced, rebuilt, restored, as required by any water provision of this Lease, except as altered or electricity metersadded to with Landlord's prior written approval, and all fixtures except for ordinary wear and partitionstear, damage or destruction (as set forth in any way bolted Section 14), or otherwise attached to taking by eminent domain. Tenant shall remove from the Premises (on or prior to such expiration or earlier termination all personal property situated thereon which is not owned by Landlord, and at its cost and expense shall repair any damage caused by such removal and upon Landlord's request, remove any alteration made by Tenant which did not require or receive Landlord's prior written approval. Property not so removed shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always may thereafter cause such property to be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave removed from the Premises and improvements in disposed of, but the condition in which cost of any such removal and disposition as well as the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and cost of repairing any damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated caused by such removal and leaving shall be borne by Tenant. (b) Except for surrender upon the expiration or earlier termination of the term hereof, no surrender to Landlord of this Lease or of the Premises or any portion thereof or of any interest therein shall be valid or effective unless agreed in writing under signature of (i) a manager of Landlord, and (ii) so long as the estate, right, title and interest of Landlord hereunder or in the condition otherwise required Premises shall be assigned or mortgaged as security for the payment of indebtedness for borrowed money, an officer of each such assignee or mortgagee. No act by this Section 5.10. Should Tenant fail to remove any other representative or agent of such goods, effectsLandlord, and fixtures within ten (10) days after notice no act by Landlord, the same other than such an agreement and acceptance so signed, shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those constitute an acceptance of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordsurrender.

Appears in 1 contract

Sources: Lease Agreement (Guitar Center Inc)

Surrender. At Tenant agrees that, on the expiration last day of the Term Lease Term, or earlier on the sooner termination of this Lease, without Tenant shall surrender the requirement Premises promptly and peaceably to Landlord in as good a condition and repair as received on the Commencement Date (damage by Acts of any noticeGod, casualties, fire, normal wear, tear and obsolescence, condemnation, and Alterations, as hereinafter defined, which Tenant is not required to remove under the terms of this Lease, excepted), together with the Tenant Improvements which may have been made in, to, or on the Premises), with all interior walls cleaned and repaired or replaced, if damaged; all floors broom cleaned; all carpets cleaned; and all broken, marred or nonconforming acoustical ceiling tiles replaced. On or before the end of the Term or sooner termination of this Lease, Tenant shall peaceably surrender remove all of Tenant's personal property and trade fixtures (the "Tenant's Property") from the Premises including all alterations and additions thereto and all replacements thereofas set forth in Section 8.10 below; provided, including carpetinghowever, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion demolish the Tenant Improvements. All of such cabling), and Tenant shall leave Tenant's Property not so removed on or before the Premises and improvements in end of the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed Term or permitted to remove in accordance with the provisions sooner termination of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same Lease shall be deemed abandoned by Tenant and may be disposed Tenant. Landlord may, upon termination of this Lease, remove all Tenant's Property so abandoned by Landlord Tenant, at Tenant’s 's sole cost and expense, and repair any damage caused by such removal at Tenant's sole cost and expense. In On the event that Landlord terminates expiration or sooner termination of this Lease pursuant Lease, Tenant shall not be required to Section 7.1 remove or demolish the Tenant Improvements and re-enters and possesses Tenant shall not be required to remove or demolish any Alterations made to the Premises in accordance with by Tenant during the terms term of this Lease then except as described in Section 8 of this Lease. If the Premises are not surrendered at the end of the term or sooner termination of this Lease, Tenant shall indemnify and hold Landlord mayharmless from and against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without noticelimitation, store any claims made by any succeeding tenant founded on such delay. Nothing contained herein shall be construed as an extension of the Term hereof or as a consent of Landlord to any holding over by Tenant’s personal property (. The cancellation of this Lease on the mutual agreement and those consent of any person claiming under Tenant) both Landlord and Tenant shall not work as a merger and, at the expense and risk option of Tenant orLandlord, shall either terminate all or any existing subleases or subtenancies or operate as an assignment to Landlord of all or any such subleases or subtenancies; provided that, if Landlord so elects, elects an assignment Landlord may sell such personal property in accordance with the previous sentence shall fully and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordfinally release Tenant from all further obligations under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Ilog Sa)

Surrender. At Tenant agrees that on the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all alterations interior walls painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and additions thereto waxed, all non-working light bulbs and ballasts replaced and all replacements thereof, including carpeting, any water or electricity metersroll-up doors and plumbing fixtures in good condition and working order, and all fixtures (b) otherwise in accordance with Paragraph 32(h). Normal wear and partitionstear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, in any way bolted on or otherwise attached to about the Premises (including, without limitation, any marks or stains on any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall become be required), require Tenant at Tenant's expense to remove any or all Alterations and/or the initial Tenant Improvements constructed and installed pursuant to Exhibit B hereto, and to repair any damage caused by 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 waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove shall remain in the Premises as the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall . If the Premises are not be obligated to remove all surrendered at the end of the Term or a portion sooner termination of such cabling)this Lease, and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10Paragraph 11 and Paragraph 32(b) below, making any repairs Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Paragraph 35 below) until the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises are so surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the terms of this Lease then Landlord mayPremises including, without noticelimitation, store Tenant’s personal property (any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and those losses to Landlord due to lost opportunities to lease any portion of the Premises to any person claiming under Tenant) at the expense such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordcosts.

Appears in 1 contract

Sources: Lease Agreement (Mohawk Industries Inc)

Surrender. At 19.01 On the expiration last day of the Term, or the Option Term if in effect, or upon any earlier termination of this Lease, without or upon any re-entry by Landlord upon the requirement of any noticeDemised Premises, Tenant shall peaceably quit and surrender the Demised Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitionsto Landlord broom clean, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) good order, condition and repair except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable ordinary wear and tear and damage by fire or other insured casualty, restored as provided in Section 8.01, if applicable. 19.02 Prior to such surrender, Tenant shall (a) remove any Tenant's property not part of the personal property as otherwise provided herein, including, without being limited to, all of Tenant's machinery, equipment, medical equipment and machines bolted to the floor and such fixtures as Landlord shall designate, whether or not previously deemed to be the property of Landlord, (b) at Landlord's request, repair any damage and make any replacements to the Building or the Demised Premises resulting from or necessitated by such removal, and restore those parts of the Demised Premises from which the removal referred to in subparagraph (a) above occurred, to a condition which will be suitable for non-specialized medical office use, and (c) Tenant shall restore the Demised Premises including, without limitation, any floor space area which may have been removed in order to accommodate Tenant's needs, the Demised Premises to be restored to that state or condition as shall be useable for non- specialized, medical office use. If Tenant shallshall fail to perform as provided in this Section 19.02 hereof, Landlord shall have the right (but not the obligation) to do so at Tenant's cost and expense, without further notice or demand upon Tenant, and Tenant shall indemnify Landlord against all loss or liability resulting therefrom, including without limitation, any delay in granting occupancy of the Demised Premises to a future occupant, and, at the time of terminationLandlord's option, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance shall be deemed a Tenant "at will" until compliance with the removal, repair and restoration provisions of this Section 5.1019.02 hereof has fully been satisfied. 19.03 Tenant hereby indemnifies and agrees to hold Landlord harmless from and against any loss, making cost, liability, claim, damage, fine, penalty and expense, including reasonable attorneys' fees and disbursements, resulting from delay by Tenant in surrendering the Demised Premises upon the termination of this Lease as provided in this Article 19, including without limitation, any repairs to claims made by any succeeding Tenant or prospective Tenant-based upon such delay. 19.04 In the event Tenant remains in possession of the Demised Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any for a period of such goods, effects, and fixtures within ten more than sixty (1060) days after notice the termination of this Lease without the execution by Landlord and Tenant of a new Lease, Tenant, at the option of Landlord, the same shall be deemed abandoned by to be occupying the Demised Premises as a Tenant "at will", at a monthly rental equal to two times the Base Rent and may be disposed Additional Rent payable during the last month of by Landlord the Term or any Option Term, subject to all of the other terms of this Lease insofar as the same are applicable to an at Tenant’s expensewill tenancy, and without in any way whatsoever waiving the provisions of Section 19.03 hereof. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenantholdover of less than sixty (60) days, Tenant shall pay Landlord Rent and Additional Rent at the expense and risk rate in effect during the last month of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent Term or other charges owing Landlordany Option Term.

Appears in 1 contract

Sources: Sublease (Radiation Therapy Services Inc)

Surrender. At 16.1 Lessee shall on the expiration last day of the Term hereof, or upon any earlier termination of this Lease, without or upon any re-entry by Lessor upon the requirement Property pursuant to ARTICLE 17 hereof, surrender and deliver up the Property (except personal property and moveable equipment owned by Lessee and except as Lessor instructs pursuant to ARTICLE 9) and all fixtures, equipment and other personal property now or hereafter at the Property into the possession and use of Lessor in the same condition as received, reasonable wear and tear, casualty and condemnation excepted, and free and clear of any noticeliens created by Lessee or resulting from the acts or omissions of Lessee. Lessee shall at no time during the Term of this Lease remove any fixtures, Tenant equipment or other personal property from the Property (except personal property and moveable equipment owned by Lessee and except as Lessor instructs pursuant to ARTICLE 9) except Lessee may remove from the Property any equipment or other personal property which is obsolete or unfit for use or which is no longer useful in the operation of the Property. Nothing in this ARTICLE 16 shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached be deemed to affect any of Lessee’s obligations as to the Premises (use of the Property set forth in ARTICLE 2 of this Lease. 16.2 If the Property is not surrendered as above set forth, Lessee shall indemnify, defend and hold Lessor harmless from and against loss or liability resulting from the delay by Lessee in so surrendering the Property, including, without limitation, any claim made by any succeeding occupant founded on such delay. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. In addition to the foregoing, and in addition to the Additional Rent, Lessee shall pay to Lessor a sum equal to 150% of the Net Rent payable as of the expiration or termination of this Lease during each month or portion thereof for which Lessee shall become remain in possession of the property Property or any part thereof after the expiration or termination of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlordthe Term or of Lessee’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingrights of possession, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant whether by lapse of time or otherwise. The provisions of this Paragraph 16.02 shall not be obligated deemed to remove all limit or constitute a portion waiver of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shallany other rights or remedies of Lessor provided herein, at law or at equity. 16.3 Except for surrender upon the time expiration or earlier termination of terminationthe Term hereof, remove the goods, effects and fixtures which Tenant is directed or permitted no surrender to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms Lessor of this Lease then Landlord may, without notice, store Tenant’s personal property (or of the Property shall be valid or effective unless agreed to and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property accepted in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordwriting by Lessor.

Appears in 1 contract

Sources: Stock Purchase Agreement (Preferred Voice Inc)

Surrender. At the Upon expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant ▇▇▇▇▇▇ shall peaceably surrender to Port the Premises including all alterations and additions thereto and all replacements thereofin good order, including carpeting, any water or electricity meterscondition, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises repair (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable ordinary wear and tear occurring after the last necessary maintenance made by ▇▇▇▇▇▇ and except for destruction or condemnation as described in Sections 17 and 18 hereof). Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by casualtyproper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. The Premises shall be surrendered clean, free of debris, waste, and Hazardous Materials, and free and clear of all liens and encumbrances other than liens and encumbrances existing as of the date of this Lease and any other encumbrances created by Port. On or before the expiration or earlier termination of this Lease, Tenant shallat its sole cost shall remove from the Premises, and repair any damage caused by removal of, Tenant's Property, including any signage and Alterations and Improvements specified in Port's Notice of Removal. Except for those designated in Port's Notice of Removal, Alterations and Improvements shall remain in the Premises as Port property. If the Premises is not surrendered at the time end of terminationthe Term or sooner termination of this Lease, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.1025 and Section 13.5, making Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 26.2 or 26.3 below as applicable) until the Premises is surrendered in accordance with these Sections, and Tenant shall Indemnify Port from and against any repairs and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any costs of Port to obtain possession of the Premises; any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Port due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each instance, reasonable attorneys' fees and costs. No act or conduct of Port, including, but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Port to Tenant confirming termination of this Lease and surrender of the Premises by Tenant shall constitute acceptance of the surrender of the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms accomplish a termination of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordLease.

Appears in 1 contract

Sources: Lease Agreement

Surrender. 23.01. On the 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 to Landlord in good order, condition, and repair, except for ordinary wear and tear and damage by fire or casualty and such other damage or destruction as Landlord is required to repair or restore under this Lease, and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease. At the expiration time of the Term surrender, or earlier termination of this Lease, without the requirement Demised Premises shall be in the same state as existed as of the completion of Landlord's Work and the completion of Tenant's Finish Work. Any Tenant Changes, alterations or improvements, all of which must be done in accordance with Article 12 shall be removed, except as may otherwise have been provided by Landlord at the time it exercised its consent in connection with such Tenant Changes pursuant to Article 12. With respect to Landlord's Work set forth in Exhibit C, after review and completion of the final construction drawings, Landlord reserves the right to notify Tenant of any noticerestoration Tenant shall be responsible for upon the termination of this Lease. If Tenant fails to perform any restoration required of it under this Lease on or before the last day of the term of this Lease or upon any earlier termination, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached 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 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 become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless be completed by Tenant by the Expiration Date. Thereafter, Tenant may request a written estimate from Landlord agreesfor 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 sole discretionrestoration 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 shall not be obligated to remove all or a portion of such cabling), has enough time after the Landlord and Tenant shall leave walk through the Premises and improvements in Demised Premises, if Tenant will be performing such restoration prior to the condition in which Expiration Date of the same are Lease. If Tenant fails remove its Property and/or fails to perform any restoration required of it under this Lease and/or fails to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at pay Landlord for the time cost of any restoration required on or before the last day of the term of this Lease or upon any earlier termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by a hold-over Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms under Article 40 of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of until such time as Tenant or, if Landlord so elects, Landlord may sell has completed such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordrestoration.

Appears in 1 contract

Sources: Lease Agreement (I Many Inc)

Surrender. At SECTION 4.01. On the expiration last day of the Term term hereof or upon any earlier termination of this Leaselease, without or upon any re-entry by Sublessor upon the requirement of any noticeDemised Premises pursuant to Article 19 hereof, Tenant Sublessee shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereofDemised Premises, including carpeting, any water or electricity meters, and together with all fixtures and partitions, in any way bolted or otherwise articles of personal property attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements used in the operation thereof, into the possession and use of Sublessor without delay and in good order, condition in which the same are required to be maintained under Section 5.1and repair, subject to reasonable wear and tear excepted, free and damage clear of all lettings and occupancies other than subleases permitted by casualtythis lease and any existing subleases and free and clear of all liens and encumbrances other than those, if any, permitted by this lease or created or consented to by Sublessor. SECTION 4.02. Tenant shallWhere furnished by or at the expense of any subtenant, furniture, trade fixtures and business equipment (not constituting part of the Demised Premises) may be removed by Sublessee or by such subtenant at or prior to the termination of its sublease, provided, however, that the removal thereof will not contravene the provisions of the Ground Lease or the Mesne Lease and that Sublessee shall with due diligence, and without expense to Sublessor, cause the Building to be promptly restored to its condition prior to such removal and cause any injury due to such removal to be promptly repaired. SECTION 4.03. Any personal property of Sublessee or any subtenant which shall remain in the Building after the termination of this lease or any sublease and the removal of Sublessee or such subtenant from the Building, may, at the time option of terminationSublessor be deemed to have been abandoned by Sublessee or such subtenant and either may be retained by Sublessor as its property or be disposed of, remove the goodswithout accountability, effects and fixtures which Tenant is directed in such manner as Sublessor may see fit. CON 5024 PAGE 548 SECTION 4.04. Sublessor shall not be responsible for any loss or permitted damage occurring to remove in accordance with the any property owned by Sublessee or any subtenant. SECTION 4.05. The provisions of this Section 5.10, making Article 4 shall survive any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms termination of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordlease.

Appears in 1 contract

Sources: Operating Lease (Sl Green Realty Corp)

Surrender. At Upon expiration or earlier termination of this Lease Tenant shall surrender to Port the Premises and all Alterations and Improvements thereon in good order, condition, and repair (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 17 and 18 hereof). The Premises shall be surrendered free and clear of all liens and encumbrances other than liens and encumbrances existing as of the date of this Lease and any other encumbrances created by Port. On or before the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender remove (i) all of Tenant's Property, including any signage from the Premises, and repair any damage caused by such removal, and (ii) all Alterations constructed by Tenant (unless Tenant was notified in writing by Port that such Alterations may remain on the Premises including all alterations upon Tenant's surrender of the Premises) and additions thereto 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 all replacements thereofmay be stored, including carpeting, any water or electricity metersremoved, and disposed of by Port at Tenant's sole cost and expense, and Tenant waives all fixtures Claims against Port for any damages resulting from Port's retention, removal and partitionsdisposition of such property; provided, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretionhowever, that Tenant shall not be obligated remain liable to Port for all costs incurred in storing, removing and disposing of such abandoned property of Tenant. Tenant shall promptly remove such items and shall repair, at no cost to Port, any damage to the Premises or the Facility resulting from such removal, or if Tenant fails to repair, Port may do so, at Tenant's expense. All Alterations except those which Port requires Tenant to remove all or a portion of such cabling), and Tenant shall leave remain in the Premises and improvements in as the condition in which the same are required to be maintained under Section 5.1, subject to reasonable property of Port. Ordinary wear and tear and shall not include any damage or deterioration that would have been prevented by casualtyproper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. Tenant shall, If the Premises are not surrendered at the time end of terminationthe Term or sooner termination of this Lease, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.1025 and Section 15.3 above, making Tenant shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 26.2 below (Holdover) until the Premises are so surrendered in accordance with said Sections, and Tenant shall indemnify, defend and hold Port harmless from and against any repairs and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to Port due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, reasonable attorneys' fees and costs. No act or conduct of Port, including, but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Port to Tenant confirming termination of this Lease and surrender of the Premises by Tenant shall constitute acceptance of the surrender of the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by accomplish a termination of this Lease. Tenant's obligation under this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, 25.1 shall survive the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms expiration or earlier termination of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordLease.

Appears in 1 contract

Sources: Lease Agreement

Surrender. At Upon the expiration of the Term or earlier termination of this Lease, without whether by forfeiture, lapse of time or otherwise, or upon termination of Tenant's right to possession of the requirement of any noticeLeased Premises, Tenant shall peaceably will at once surrender and deliver up the Premises including Leased Premises, together with all alterations and additions thereto and all replacements thereofimprovements thereon, including carpetingto Landlord, any water or electricity meters, and all fixtures and partitionsbroom swept, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations good condition and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingrepair, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required herein, shall not be deemed "reasonable wear and damage by casualtytear". Tenant shallshall deliver to Agent all keys to all doors therein. As used herein, the term "Improvements" shall include, without limitation, all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment, and all Alterations (as said term is defined in Section 9.2 hereof) whether or not permitted under Section 9.4. All Alterations, temporary or permanent, made in or upon the Leased Premises by Tenant shall become Landlord's property and shall remain upon the Leased Premises on any such termination without compensation, allowance or credit to Tenant; provided, however, that Landlord shall have the right to require Tenant to remove any Alterations and restore the Leased Premises to their condition prior to the making of such Alterations, repairing any damage occasioned by such removal and restoration. Said right shall be exercised by Landlord giving written notice thereof to Tenant on or before ninety (90) days after such termination. If Landlord requires removal of any Alterations and Tenant does not make such removal in accordance with this Section at the time of such termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlordsuch request, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so electswhichever is later, Landlord may sell remove the same (and repair any damage occasioned thereby), and dispose thereof or, at its election, deliver the same to any other place of business of Tenant or warehouse the same. Tenant shall pay the costs of such personal property in accordance with the previous sentence removal, repair, delivery and apply the net proceeds warehousing to the earliest of installments of Rent or other charges owing LandlordLandlord on demand.

Appears in 1 contract

Sources: Industrial Building Lease (American Coin Merchandising Inc)

Surrender. At Upon expiration or earlier termination of Tenant's right of possession, Tenant, subject to the provisions of Section 42 below and to the exercise of any remedies by Landlord, may remove Tenant's Property and shall surrender the Premises to Landlord in substantially the same condition as received, broom clean, ordinary wear and tear, approved Alterations, and casualty loss and condemnation covered by Sections 18 and 19 excepted, and shall return to Landlord all keys to offices and restrooms furnished to, or otherwise procured by, Tenant. If any such key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost key or the cost of changing the lock or locks opened by such lost key. Any Trade Fixtures, Alterations, and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and/or disposition of such property. All obligations of either party that have arisen and/or become binding hereunder but have not been fully satisfied as of the expiration or earlier termination of this Lease shall survive such expiration or earlier termination, including without limitation, indemnity obligations, payment obligations (including Rent), obligations concerning the condition and repair of the Term Premises, and the obligation to obtain all required Hazardous Materials Clearances. Without limiting the generality of the foregoing, the following provisions shall survive the expiration or earlier termination of this Lease: (a) the indemnity obligations contained in Sections 7, without the requirement of any notice12, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof14(b), including carpeting16(a), any water or electricity meters16(b), 30(a), 30(d), 35, and all fixtures and partitions38(b); (b) the payment obligations contained in Sections 3, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling5, which Tenant shall always be required to remove unless Landlord agrees6, in its sole discretion8, that Tenant shall not be obligated to remove all or a portion of such cabling9, 11, 15, 21(a), 21(b), 22(d), and Tenant shall leave 42; (c) the Premises and improvements maintenance, repair, restoration, and/or demolition obligations contained in the condition in which the same are required to be maintained under Section 5.1Sections 12, subject to reasonable wear and tear and damage by casualty. Tenant shall13, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects18, and fixtures within ten 42; (10d) days after notice by Landlordthe obligation to obtain Net Greenhouse Lease ▇.▇. ▇▇▇▇▇▇▇▇▇ Ave., RTP/Paradigm Genetics, Inc.-Page 29 Hazardous Materials Clearances contained in Sections 18 and 42; and (e) the same shall be deemed abandoned by Tenant agreements contained in Sections 29, 36, and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord44.

Appears in 1 contract

Sources: Lease Agreement (Paradigm Genetics Inc)

Surrender. At 24.1 Except as otherwise provided in this Lease, Tenant, on the expiration last day of the Term Term, shall deliver all keys to Landlord and surrender and deliver up the Premises and all Improvements to the possession and use of Landlord without fraud or earlier delay, free and clear of all lettings and occupancies other than subleases then terminable at the option of Landlord or subleases to which Landlord shall have specifically consented, and free and clear of all liens and encumbrances other than those, if any, presently existing or created or suffered by Landlord, without any payment or allowance whatever by Landlord on account of any Improvements on the Premises. 24.2 When furnished by or at the expense of Tenant or any subtenant, furniture, fixtures, and equipment may be removed by Tenant at or before this Lease terminates, provided, however, that the removal will not injure the Premises or the Improvements or necessitate changes in or repairs to the same. Tenant shall pay or cause to be paid to Landlord the cost of repairing any damage arising from such removal and restoration of the Premises and/or the Improvements to their condition before such removal. Landlord shall also have the right to require Tenant to demolish and remove any buildings, alterations or improvements constructed on the Premises by Tenant, in which case Tenant will promptly do so, fill any excavation, and restore all damage caused by such removal 24.3 Any personal property of Tenant or any subtenant that shall remain on the Premises after the termination of this Lease and the removal of Tenant or such subtenant from the Premises may, at the option of Landlord, be deemed to have been abandoned by Tenant or such subtenant and may either be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit, or if Landlord gives written notice to Tenant to such effect, such property shall be removed by Tenant at Tenant’s sole cost and expense. If this Lease terminates early for any reason other than the default of Tenant then, 24.4 Landlord shall not be responsible for any loss or damage occurring to any property owned by Tenant or any subtenant. 24.5 The provisions of this section shall survive any termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Sources: Ground Lease

Surrender. At Section 23.01. On the last day or sooner termination of the Lease, Tenant shall quit and surrender the Premises broom-clean, in good condition and repair, exclusive of all alterations, additions and improvements which may have been made in, on, or to the Premises (including, but not limited to, replacement of any walls which were removed and removal of any partitions or walls installed), movable furniture or unattached movable trade fixtures normal wear and tear excepted. If the Premises are not surrendered as and when aforesaid, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay if Tenant is notified in writing that such delay will give rise to liability. Tenant's obligations under this section shall survive the expiration or sooner termination of the Term. In the event Tenant remains in possession of the Premises after the expiration of the Term or earlier termination of this Leasecreated hereunder, and without the requirement execution of any noticea new lease, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereofTenant, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned to be holding over and the rate of use and occupation shall be equal to two (2x) times the monthly payment of Annual Basic Rent payable for the last month of the Term or any renewal thereof plus the additional rent as calculated on a month by Tenant and may be disposed of by Landlord month basis. Section 23.02. Any property left at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with by the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) Tenant at the expense and risk expiration of Tenant the Term or, if Landlord so electswhen Tenant abandons the Premises, shall be deemed abandoned. Landlord may sell such personal or dispose of said property in accordance with any manner it deems appropriate. Any costs of disposal incurred by Landlord shall be paid by Tenant. This obligation shall survive termination of the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordLease.

Appears in 1 contract

Sources: Lease Agreement (Room Plus Inc)

Surrender. At Section 22.01 Except as is herein otherwise provided, Lessee shall on the expiration last day of the Term or upon any earlier termination of this Lease, well and truly surrender and deliver up the Demised Premises and the Improvements to the possession and use of Lessor without fraud or delay in substantially the same order, condition and repair they were in on the date of this Lease, except for (i) reasonable wear and tear and (ii) damage caused by Casualty or condemnation. Notwithstanding anything contained in the Lease to the contrary, upon the expiration or earlier termination of the Lease, Lessee shall not be required to (i) remove or pay for the removal of any alterations, installations, additions or improvements previously made with the consent of the Lessor or (ii) make or pay for any repairs to the Demised Premises that can be performed by repainting, minor spackling, re-carpeting or other work that is typically performed by Lessors in preparation for re-letting similar premises. Section 22.02 Unless otherwise agreed by the parties hereto in a writing executed by both parties prior to the Expiration Date of this Lease, there shall be no holding over by Lessee after the expiration or earlier termination of this Lease and the failure by Lessee to deliver possession of the Demised Premises to Lessor shall be an unlawful holdover. During any period in which Lessee so holds over, at Lessor's option, the rental value of the Demised Premises, payable from the date immediately following the date on which Lessee was to deliver the Demised Premises through and including the last day of the calendar month in which Lessee so delivers the Demised Premises, shall be deemed to be equal to (a) one hundred twenty-five percent (125%) of the Base Rent payable immediately preceding the expiration or earlier termination of this Lease, without the requirement plus (b) all other items of Additional Rent that would have been otherwise payable hereunder had this Lease not expired or been terminated. Acceptance by Lessor of any noticesuch rent during the period in which Lessee so holds over shall not cure or waive Lessee's default, Tenant nor prevent Lessor from exercising, before or after such acceptance, any of the remedies provided by this Lease or at law or in equity. Payment of any such rent and other sums during any period in which Lessee holds over shall peaceably not excuse Lessee's obligation to vacate and surrender the Demised Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meterson the date, and all fixtures in the manner and partitionscondition, required under this Lease. Lessee waives any rights it may have under applicable law in connection with any way bolted holdover proceedings that Lessor may institute against Lessee. Lessee's obligations under this Article shall survive the expiration or otherwise earlier termination of the Term. Section 22.03 All trade fixtures, machinery and equipment, and other personal property of Lessee, whether attached to or built into the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cablingDemised Premises, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all whether by Lessor or a portion of such cabling)Lessee or others, and Tenant shall leave whether at Lessor's expense, or Lessee's expense, or the Premises joint expense of Lessor and improvements in the condition in which the same are required to be maintained under Section 5.1Lessee, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time option of terminationLessee either (i) be deemed abandoned and remain the property of Lessor, remove the goods, effects or (ii) be removed by Lessee at Lessee’s sole cost and fixtures which Tenant is directed or permitted to remove in accordance with the expense. Section 22.04 The provisions of this Section 5.10, making Article shall survive any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms termination of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordLease.

Appears in 1 contract

Sources: Purchase and Sale Agreement (P&f Industries Inc)

Surrender. At Tenant agrees that on the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, Tenant shall surrender the 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 painted or cleaned so they appear painted, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) otherwise in accordance with Paragraph 33(i). Normal wear and tear shall not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains on any portion of the requirement floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of any noticeits obligations under this Lease. On or before the expiration or sooner termination of this Lease, Tenant shall peaceably surrender remove from the Premises including Premises, the Buildings and the Project and repair any damage caused by such removal, (i) all alterations of Tenant’s Property (as hereinafter defined) and additions thereto and all replacements thereof, including carpeting, any water or electricity metersTenant’s signage, and all fixtures and partitions, in (ii) any way bolted or otherwise attached to the Premises Non-Permanent Tenant Improvements (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements defined in the condition in which the same are Tenant Improvements Construction Agreement) and any Non-Permanent Alterations (as hereinafter defined). Any of Tenant’s Property not so removed by Tenant as required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same herein shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. In the event that Landlord terminates this Lease pursuant to Section 7.1 All Tenant Improvements except those which constitute Non-Permanent Tenant Improvements and reall Alterations except those which constitute Non-enters and possesses Permanent Alterations shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the end of the Term or sooner termination of this Lease, and in accordance with the terms provisions of this Lease then Landlord mayParagraph 11 and Paragraph 33(i) below, without notice, store Tenant’s personal property Tenant shall continue to be responsible for the payment of Rent (and those of any person claiming under Tenantas the same may be increased pursuant to Paragraph 36 below) at until the expense and risk of Tenant or, if Landlord Premises are so elects, Landlord may sell such personal property surrendered in accordance with said Paragraphs, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the previous sentence Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and apply losses to Landlord due to lost opportunities to lease any portion of the net proceeds Premises to the earliest of installments of Rent any such succeeding tenant or other charges owing Landlordprospective tenant, together with, in each case, actual attorneys’ fees and costs.

Appears in 1 contract

Sources: Lease Agreement (Kyphon Inc)

Surrender. At Subject to Landlord's right to require removal or to elect ownership as hereinafter provided, all Alterations made by Tenant to the expiration Premises shall be the property of Tenant, but shall be considered to be a part of the Premises. Unless Landlord gives Tenant written notice of its election not to become the owner of the Alterations at the end of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which Alterations shall become the property of Landlord at the end of the Term of this Lease. Landlord may require, on notice to Tenant, that some or all Alterations (other than Cosmetic Alterations) be removed at the end of the Term of this Lease and that any damages caused by such removal be repaired at Tenant's sole expense, provided, however, that to the extent Landlord) except for 's consent is required pursuant to this Section, at the written request of Tenant, Landlord agrees to notify Tenant concurrently with Landlord's consent to such alterations and additions as Alteration whether or not Landlord has directed will require Tenant to remove when such Alteration at the end of the Term. On the last day of the Term hereof, or on any sooner termination, Tenant requested Landlord’s approval for such alterations shall surrender the Premises to Landlord in substantially the same condition as received by Tenant, ordinary wear and additions tear and casualty damage excepted, broom-clean and free of Tenant's personal property, trade fixtures and equipment. Tenant's personal property shall include all computer wiring and cabling installed by Tenant. Provided, however, if Landlord has not elected to have Tenant remove the Alterations in accordance with this Section 5.9 above (other than cabling13.4, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Alterations at the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1by Tenant hereunder, subject to reasonable ordinary wear and tear and casualty damage by casualtyexcepted. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making shall repair any repairs damage to the Premises occasioned by the installation or removal of Tenant's trade fixtures, furnishings and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordequipment.

Appears in 1 contract

Sources: Industrial Lease Agreement (G Iii Apparel Group LTD /De/)

Surrender. At the expiration Upon termination of the Term or Tenant’s right to possession of the Premises, Tenant shall return the Premises to Landlord in good order and condition as received on the Commencement Date, reasonable wear and damage by casualty or condemnation excepted to the extent that such casualty or condemnation damages are covered by insurance or condemnation proceeds payable to Landlord. If Landlord requires Tenant to remove any alterations pursuant to Section 8, then such removal shall be done in a good and workmanlike manner, and upon such removal Tenant shall restore the Premises to its same condition prior to the installation of such alterations. If Tenant does not remove such alterations within five (5) business days after the expiration or earlier termination of this Leasethe Term hereof, without Landlord may remove the requirement of any notice, Tenant shall peaceably surrender same and restore the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling)Premises, and Tenant shall leave pay the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, cost (plus interest at the time rate of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions twelve percent (12%)) of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Premises in prior to termination of the condition otherwise required by this Section 5.10Term or Tenant’s right to possession of the Premises. Should If Tenant fail does not remove such items on or before the last day of the Term or the Option Period, as applicable, Tenant shall be conclusively presumed to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, 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 by Tenant abandoned, in which event Landlord may cause such items to be removed and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms , which shall be one hundred five percent (105%) of this Lease then Landlord mayLandlord’s actual cost of removal, without notice, store notice to Tenant and without obligation to compensate Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Sources: Lease Agreement (Graham Corp)

Surrender. At On the expiration Expiration Date or sooner termination of the Term or earlier termination of this Leaseupon reentry by Sublessor upon the Premises, without Sublessee shall surrender, vacate and deliver to Sublessor the requirement of any noticePremises, Tenant shall peaceably surrender the Premises including all buildings, other structures and improvements thereon, and any and all additions, alterations and additions thereto replacements thereto, "broom clean" and all replacements thereofin good order, including carpeting, any water or electricity meters, condition and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) repair except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable ordinary wear and tear and damage by fire or other casualty. Tenant shall, at to the time extent Sublessee is not required to restore the same pursuant to Paragraph 15 hereof, and except for damage caused by the grossly negligent or wilful misconduct of terminationSublessor, remove its agents or employees, or which result from any condemnation, to the goods, effects and fixtures which Tenant extent Sublessee is directed or permitted not required to remove in accordance with restore any condemned improvements under the provisions of this Section 5.10Sublease. If the Premises are not surrendered upon the Expiration Date or sooner termination of the Term, making any repairs such holding over shall not be deemed to extend the Term or renew this Sublease or to have created or be construed as a tenancy. However, Sublessee shall pay, until such time as Sublessee complies with this Paragraph 25, in monthly installments in advance, on the first day of each and every month of such holding over, (a) one and one-half (1-1/2) times the monthly installment of Basic Rent payable during the last month of the Term; and (b) all other Percentage Rent and Additional Rent due under this Sublease. In addition to such monthly installments to be paid by Sublessee during such holdover, to the Premises and other areas necessitated extent Sublessee holds over more than one (1) month, Sublessee hereby indemnifies Sublessor against liability resulting from delay by Sublessee in so surrendering the Premises, including any claims made by any succeeding tenant or prospective tenant founded upon such removal and leaving delay, but only if Sublessor provided written notice to Sublessee, prior to the scheduled expiration date of this Sublease, that it was required to deliver the Premises in to a succeeding or prospective tenant by a specified date. Sublessee's obligations under this Paragraph 20 shall survive the condition otherwise required by this Section 5.10. Should Tenant fail to remove any expiration or sooner termination of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordTerm.

Appears in 1 contract

Sources: Sublease (KSL Recreation Group Inc)

Surrender. At No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. On or prior to the expiration or termination of the Lease Term or earlier termination of Tenant's right of possession, Tenant shall surrender the Premises to Landlord in good condition, broom clean, reasonable wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16, any damage caused by Landlord or any Landlord Parties excepted. Tenant shall remove (a) all Tenant-Made Alterations and Permitted Alterations for which Landlord has advised (or is deemed to have advised) Tenant that removal would be required pursuant to Paragraph 12(d) above, (b) all Tenant Improvements and Tenant Changes for which Landlord has advised (or is deemed to have advised) Tenant that removal would be required pursuant to Exhibit B attached hereto (excluding the Improvements Not Subject to Restoration, which Tenant shall not be required to remove), and (c) all of Tenant's personal property and Trade Fixtures and security system(s). Landlord and Tenant agree to have a joint inspection of the Premises prior to Tenant vacating. In the event of Tenant's failure to participate in such joint inspection after Tenant's receipt of notice from Landlord thereof, and Tenant's subsequent failure to participate in such joint inspection within ten (10) business days after such notice, 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, Tenant Improvements, Tenant Changes, Permitted Alterations and all other personal property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the expiration or termination of the Lease Term shall survive the expiration or termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant fails to perform any obligation contained herein prior to the expiration or earlier termination of this Lease, without limiting any of the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations other rights and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as remedies Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained may under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shallthis Lease, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove law and/or in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so electsequity, Landlord may sell such personal property shall have the rights set forth in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordParagraph 24(f) below.

Appears in 1 contract

Sources: Lease Agreement (Allogene Therapeutics, Inc.)

Surrender. At 24.01 On the 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, Tenant shall quit and surrender the Demised Premises to Landlord in good order, condition, and repair, except for ordinary wear and tear and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease and shall restore the Demised Premises wherever such removal results in damage thereto. If Tenant shall remain in possession of the Demised Premises after the end of the term of the Lease, no tenancy relationship shall be deemed to arise therefrom and any holdover shall not be construed as a consent by Landlord to the possession by Tenant of the Demised Premises beyond the Expiration Date; provided, however, such holdover shall be deemed to be a month-to-month occupancy, subject to all of the provisions, conditions, and obligations of this Lease, except that the fixed rent to be charged to Tenant during such holdover period shall be the 200% of the monthly fixed rent in effect for the last month of the term of the Lease or any applicable renewal period. In addition, if Tenant fails to surrender the Demised Premises upon the expiration of the Term or earlier termination of this Lease, without the requirement of then in addition to any noticeother liability to Landlord accruing therefrom, Tenant shall peaceably surrender the Premises including all alterations indemnify and additions thereto hold Landlord harmless from and all replacements thereofagainst any loss, including carpetingcost, any water liability or electricity metersexpense, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord mayincluding, without noticelimitation, store Tenant’s personal property (reasonable attorney fees, resulting from such failure to vacate, including, without limiting the generality of the foregoing, loss of future rents and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell claims made by any succeeding tenant arising due to such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlordfailure.

Appears in 1 contract

Sources: Lease (Aveta Inc)

Surrender. At (a) Upon the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Premises to Landlord in the same condition and suitable for the same use in which the Premises were on the Commencement Date, except as repaired, rebuilt or altered as required or permitted by this Lease (or, in the case of termination pursuant to Section 10 or 13 herein), and in all cases except for ordinary wear and tear, and shall surrender keys to the Premises to Landlord at the place then fixed for notices to Landlord and shall inform Landlord of all combinations on locks, safes and vaults, if any. Except as otherwise provided herein, Tenant shall at such time remove all of its property (including Tenant’s Trade Fixtures). All property of Tenant not removed on or before expiration of the Term or earlier termination of this LeaseLease shall be deemed abandoned and Landlord may remove all ·such property of Tenant, includi11g Tenant’s Trade Fixtures, from the Premises and cause its transportation and storage, at the sole risk and expense of Tenant, and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto and Landlord shall be entitled to dispose of such property, as Landlord deems fit, without the requirement of any noticean accounting. This Section 21. l shall survive the termination of this Lease. (b) If the Premises are not surrendered as above set forth, and such holdover continues for a period in excess of ninety (90) days, Tenant shall peaceably surrender indemnify, defend and hold Landlord and any Mortgagee ham1less from and against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any claim made by any succeeding lessee or prospective occupant founded on such delay. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. If Tenant holds possession of the Premises including all alterations and additions thereto and all replacements thereofafter expiration of the Term of this Lease, including carpeting, Tenant shall become a tenant from month to month upon the terms herein specified. Such month to month tenancy may be terminated by either Landlord or Tenant by giving 30 days’ notice of termination to the other at any water or electricity meterstime. ]n addition to the foregoing, and all fixtures and partitions, in any way bolted or otherwise attached addition to the Premises (which Additional Rent, Tenant shall become pay to Landlord for the property first month a sum equal to 125% of Landlord) except the Fixed Rent payable hereunder for such alterations and additions as Landlord has directed Tenant the month immediately prior to remove when Tenant requested Landlord’s approval the expiration of this Lease and, thereafter, a sum equal to 150% of the Fixed Rent payable hereunder for such alterations and additions in accordance with Section 5.9 above (other than cablingthe month immediately prior to the expiration of this Lease, during each month or portion thereof for which Tenant shall always be required to remove unless Landlord agreesremain in possession of the Premises or any part thereof after the termination of the Term or of Tenant’s rights of possession, in its sole discretion, that Tenant whether by lapse of time or otherwise. The provisions of this subsection shall not be obligated deemed to remove all limit or constitute a portion waiver of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shallany other rights or remedies of Landlord provided herein, at law or at equity. (c) Except for surrender upon the time expiration or earlier termination of terminationthe Term hereof as expressly provided herein, remove the goods, effects and fixtures which Tenant is directed or permitted no surrender to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then or of the Premises shall be valid or effective unless agreed to and accepted in writing by Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordMortgagee.

Appears in 1 contract

Sources: Sublease Agreement (Sema4 Holdings Corp.)

Surrender. At (a) Tenant agrees that on the expiration last day of the Term Term, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including to Landlord (i) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all alterations and additions thereto and all replacements thereofinterior walls painted or cleaned so they appear painted and, including carpetingwhere appropriate, patched, any water or electricity meterscarpets cleaned, all floors cleaned and waxed, and all plumbing fixtures in good condition and partitionsworking order and, where appropriate, capped, and (ii) otherwise in accordance with Paragraph 32(h). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, Tenant shall, in accordance with this Paragraph 11, and at Tenant's sole cost and expense, remove, and repair any way bolted or otherwise attached damage caused by such removal, (A) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, the Building and the Project and (B) all Tenant Improvements and all Alterations required to be removed pursuant to Paragraph 12 and Exhibit B. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Tenant is required to remove pursuant to Paragraph 12 and Exhibit B shall remain in the Premises (which shall become as the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall . If the Premises are not be obligated to remove all surrendered at the end of the Term or a portion sooner termination of such cabling)this Lease, and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10Paragraph 11 and Paragraph 32(h) below, making Tenant shall indemnify, defend and hold Landlord harmless from and against any repairs to and all loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and other areas necessitated losses to Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs. (b) Notwithstanding Paragraph 11 (a) above, with respect to all R&D Space, as defined below, within the Premises, Tenant shall, on the last day of the Term or on the sooner termination of this Lease, surrender such space to Landlord as follows: (i) The Allowable R&D Space, as defined below, shall be surrendered to Landlord in the condition specified in clauses (i) and (ii) of Paragraph 11 (a) above, except that Tenant shall not be required to paint or patch any interior walls located within the Allowable R&D Space. (ii) The Additional R&D Space, as defined below, shall be surrendered to Landlord in the condition specified in clauses (i) and (ii) of Paragraph 11 (a) above. In addition, Tenant shall pay to Landlord on or before the last day of the Term or on the sooner termination of this Lease, the costs, as reasonably determined by such removal Landlord, necessary to remove all Tenant Improvements and leaving Alterations required to be removed under Paragraph 12 and EXHIBIT B, and otherwise to surrender the Premises in the a condition otherwise required by this Section 5.10. Should Tenant fail ready for Landlord to remove any commence build-out of such goodsspace for a succeeding tenant. (c) For the purposes of this Paragraph 11, effectsthe following definitions shall apply: (i) ALLOWABLE R&D SPACE shall mean that portion of R&D Space within the Premises that, and fixtures within ten in the aggregate, does not exceed [*], the location of which shall be reasonably designated by Landlord in a notice to Tenant given not later than ninety (1090) days after 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 by Landlord, the same shall be deemed abandoned by Tenant and may be disposed required). (ii) ADDITIONAL R&D SPACE shall mean that portion of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses R&D Space within the Premises in accordance with excess of the terms maximum Allowable R&D Space under Paragraph 11(c)(i) above, provided that the Additional R&D Space shall not exceed an aggregate of [*] square feet. The location of the Additional R&D Space shall be reasonably designated by Landlord in a 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 then Landlord mayprior to the scheduled Expiration Date, in which event, no advance notice shall be required). (iii) R&D SPACE shall mean space that has been improved for research and development, product development, light prototype manufacturing, engineering, evaluation and testing activities and that, without noticereconfiguration, store Tenant’s personal property (and those of any person claiming under Tenant) cannot be used for standard office use, all as determined by Landlord in its reasonable discretion based upon market conditions generally existing at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property time. (d) Notwithstanding anything in accordance with the previous sentence and apply the net proceeds this Lease to the earliest of installments of Rent or other charges owing Landlordcontrary, in no event shall the R&D Space comprise, at any time during the Term, more than [*].

Appears in 1 contract

Sources: Lease Agreement (Corixa Corp)

Surrender. At On the expiration last day of the Term or earlier termination of this Lease, without Lease Agreement or on the requirement of any noticesooner termination thereof in accordance with the terms hereof, Tenant shall peaceably surrender the Premises including in good condition and repair consistent with Tenant's duty to make repairs as provided in Article 9 hereof. On or before said last day, Tenant shall at its expense remove all alterations of its equipment from the Premises, repairing any damage caused thereby, and any property not removed shall be deemed abandoned. All alterations, additions thereto and fixtures other than Tenant's trade fixtures, which have been made or installed by either Landlord or Tenant upon the Premises shall remain as Landlord's property and shall be surrendered with the Premises as a part thereof, or shall be removed by Tenant, at the option of Landlord, in which event Tenant shall at its expense repair any damage caused thereby. It is specifically agreed that any and all replacements thereoftelephonic, including carpetingcoaxial, any water ethernet, or electricity metersother computer, and all fixtures and partitionswordprocessing, in any way bolted facsimile, or otherwise attached to electronic wiring installed by Tenant within the Premises (which hereafter "Wiring") shall become be removed at Tenant's cost at the property expiration of Landlord) except for such alterations and additions as the Term, unless Landlord has directed Tenant to remove when Tenant specifically requested in writing that said Wiring shall remain, whereupon said Wiring shall be surrendered with the Premises as Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling's property. If the Premises are not surrendered at the end of the Term or the sooner termination thereof, which Tenant shall always be required to remove unless indemnify Landlord agreesagainst loss or liability resulting from delay by Tenant in so surrendering the Premises, in its sole discretionincluding, that without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall not be obligated to remove promptly surrender all or a portion of such cabling), and Tenant shall leave keys for the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, Landlord at the time place then fixed for payment of termination, remove rental and shall inform Landlord of combinations on any locks and safes on the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing LandlordPremises.

Appears in 1 contract

Sources: Lease Agreement (Health Fitness Physical Therapy Inc)

Surrender. At Upon the expiration of the Term or earlier termination of this Lease, without Tenant shall, to the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity metersextent required, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above 13.2, repair any damage to and restore the condition of the Premises. Tenant shall also remove all of Tenant's Property and shall repair all damage to the Premises, the Building or the Property 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 (other which notice Landlord shall provide to Tenant not less than cablingsixty (60) days prior to the end of the Term), and except as otherwise expressly provided in this Lease. Tenant shall surrender the Premises, together with all keys and security codes, to Landlord broom clean, in substantially the same condition as when received, and in the condition described on Exhibit H attached hereto, ordinary wear and tear, repairs for which Tenant shall always be required is not responsible under this Lease and damage by fire or casualty excepted. Conditions existing because of Tenant's failure to remove unless Landlord agreesperform maintenance, in its sole discretion, that repairs or replacements for which Tenant is responsible under this Lease shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to deemed "reasonable wear and tear tear”. In order to prepare for and damage substantiate such surrender, Tenant and Landlord shall cooperate in good faith to meet for two (2) joint inspections of the Premises, the first to occur at least thirty (30) days (but no more than ninety (90) days) before the last day of the Term, and the second to occur not later than five (5) business days after Tenant has vacated the Premises. In the event Tenant fails to participate in either such inspection after the timing thereof has been agreed to by casualty. Tenant shallthe parties, Landlord’s inspection at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10restoration. Should If Tenant fail fails to remove any of such goodsTenant’s Property, effectsor to restore the Premises to the required condition, and fixtures within ten (10) 2 days after notice by termination of this Lease or termination of Tenant’s right to possession, Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s sole cost and expense. In the event that Landlord terminates this Lease pursuant , shall be entitled (but not obligated) to Section 7.1 remove and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and those of any person claiming under storage charges incurred. If Tenant fails to remove Tenant) at ’s Property from the expense and risk of Tenant orPremises or storage, if Landlord so electswithin 30 days after notice, Landlord may sell such personal property deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in accordance with the previous sentence and apply the net proceeds to the earliest Landlord or Landlord may dispose of installments of Rent or other charges owing LandlordTenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Sources: Single Tenant Industrial Triple Net Lease (Velo3D, Inc.)

Surrender. At Upon the expiration or earlier termination of the Term or earlier termination Tenant’s right to possession of this Lease, without the requirement of any noticepremises, Tenant shall peaceably surrender return the Premises including all alterations to Landlord in good order and additions thereto and all replacements thereofcondition, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear damage caused by taking or fire or other casualty and damage caused by casualtythe negligence or willful misconduct of Landlord or its agents, contractors or employees excepted. If Landlord requires or permits Tenant shallto remove any alterations pursuant to Section 10, at then such removal shall be done in a good and workmanlike manner; and upon such removal Tenant shall restore the time Premises to its condition prior to the installation of terminationsuch alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the goods, effects same and fixtures which restore the Premises; and Tenant is directed or permitted to remove in accordance with shall pay the provisions cost of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Premises prior to the expiration or earlier termination of the Term or Tenant’s right to possession of the Premises. If Tenant does not remove such items, Tenant shall be conclusively presumed to have conveyed the same to Landlord without further payment or credit by Landlord to Tenant; or at Landlord’s sole option such items shall be deemed abandoned, in the condition otherwise required by this Section 5.10. Should which event Landlord may cause such items to be removed and disposed of at Tenant’s expense, without notice to Tenant fail to remove any of such goods, effects, and fixtures within (except that Landlord shall give Tenant ten (10) days after prior written notice to remove such items with respect to a termination of the Lease not involving a default by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds without obligation to the earliest of installments of Rent or other charges owing Landlordcompensate Tenant.

Appears in 1 contract

Sources: Lease Agreement (First Essex Bancorp Inc)

Surrender. At Tenant agrees that on the expiration last day of the Term Tenn, or earlier on the sooner termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including premises to Landlord (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear excepted), but with all alterations interior walls cleaned and additions thereto and all replacements thereof, including carpetingrepaired, any water or electricity meterscarpets cleaned, and all fixtures floors cleaned and partitionswaxed, in any way bolted or and (b) otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cablingParagraph 32(e), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable . Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises, the Building and the Project and repair any damage caused by casualty. such removal, and (ii) Landlord may, by notice to Tenant shallgiven 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 the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted Tenants expense to remove in accordance with the provisions of this Section 5.10, making any repairs or all Alterations and to the Premises and other areas necessitated repair any damage caused by such removal and leaving the Premises except those installed in the condition otherwise original tenant improvement or approved in writing to not remove. Any of Tenant's Property not so removed by Tenant as required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and fixtures within ten (10) days after notice by Landlord, the same herein shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord at Tenant’s 's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, that Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. In the event that All Tenant Improvements and Alterations except those which Landlord terminates this Lease pursuant requires Tenant to Section 7.1 and re-enters and possesses remove shall remain in the Premises in accordance with as the terms property of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Sources: Lease Agreement (Pixelworks Inc)

Surrender. At the expiration of the Term or earlier termination of this Lease, without the requirement of any notice, Tenant shall peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s 's approval for such alterations and additions in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, on or before the day that Tenant shall not be obligated to remove all is fifteen (15) Business Days after the expiration or a portion earlier termination of such cablingthis Lease), and Tenant shall leave the Premises and improvements in the condition in which the same are required to be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualtytear. Tenant shall, at the time of termination, remove the goods, effects and trade fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of such goods, effects, and trade fixtures within ten (10) days after notice by Landlord, the same shall be deemed abandoned by Tenant and may be disposed of by Landlord at Tenant’s 's expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s 's personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.

Appears in 1 contract

Sources: Office Lease (Mac-Gray Corp)

Surrender. At Concessionaire agrees that at 12:00 noon on the expiration of Expiration Date, or on the Term or earlier sooner termination of this LeaseAgreement, without the requirement of any notice, Tenant Concessionaire shall peaceably surrender the Premises including to City (a) in good condition and repair (damage by acts of God, fire, and normal wear and tear- excepted), but with all alterations and additions thereto and all replacements thereof, including carpetinginterior walls repaired, any water or electricity meterscarpets cleaned, and' all floors cleaned and waxed, and all fixtures and partitions, in (b) free of any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant to remove when Tenant requested Landlord’s approval for such alterations and additions Hazardous Materials in accordance with Section 5.9 above (other than cabling, which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant 15. Normal wear and tear shall not be obligated to include any damage or deterioration that would have been prevented by proper maintenance by Concessionaire or Concessionaire otherwise'performing all of its obligations under this Agreement. On or before the expiration or sooner termination of this Agreement, (i) Concessionaire shall remove all of Concessionaire's personal property, all Telecommunications Facilities (hereinafter defined) installed in the Premises or elsewhere in the Airport by or on behalf of the Concessionaire (provided City' may require such removal shall be performed by a portion of such cablingcontractor or telecom provider designated by City), and Tenant Concessionaire's signage from tire Premises, and Concessionaire shall leave repair any damage caused by such removal, and (ii) City may, by notice to Concessionaire given not later than ninety (90) days prior to the Premises and improvements Expiration Date (except in tire event of a termination of this Agreement prior to the condition scheduled Expiration Date, in which the same are required to event .no advance notice shall be maintained under Section 5.1required), subject to reasonable wear and tear and damage by casualty. Tenant shall, require Concessionaire at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail Concessionaire's expense to remove any or all Alterations and to repair any damage caused by such removal. Any of such goods, effects, and fixtures within ten (10) days after notice Concessionaire's personal property not so removed by Landlord, the same Concessionaire as required herein shall be deemed abandoned by Tenant and may be stored, removed, and disposed of by Landlord City at Tenant’s Concessionaire's expense, and Concessionaire waives all Claims against City for any damages resulting from City's retention and disposition of such property; provided, however, that Concessionaire shall remain liable to City for all costs incurred in storing and disposing of such abandoned property' of Concessionaire. In the event that Landlord terminates this Lease pursuant All improvements and Alterations except those which City requires Concessionaire to Section 7.1 and re-enters and possesses remove shall remain in the Premises in accordance with as the terms property of this Lease then Landlord mayCity. 09-1I-M Retail Is1 Amended Concession Agr K:RT/CDG/Co»cessions/T4578 Rev/FB/ Concessionaire, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant or, if Landlord so elects, Landlord may sell such personal property in accordance with the previous sentence and apply the net proceeds to the earliest of installments of Rent or other charges owing Landlord.LAA-8552

Appears in 1 contract

Sources: Retail Concession Agreement