Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 4 contracts
Sources: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 4 contracts
Sources: Lease Agreement (Perclose Inc), Lease Agreement (FSP 50 South Tenth Street Corp), Lease Agreement (Murdock Group Career Satisfaction Corp)
Surrender. (a) On Provided that Lessee does not exercise the date on which this Lease expires or terminatespurchase option as set forth in Paragraph 27 hereof, Tenant shall return possession upon the expiration of the Premises Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination Paragraph 21 of this Lease, Tenant Lessee, at its expense, shall remove from return all, but not less than all, of the Property all furnitureEquipment by delivering it to such place or on board such carrier, trade fixturespacked for shipping, equipmentas Lessor may specify. Lessee agrees that the Equipment, wiring when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and cabling (unless Landlord directs Tenant otherwise)tear excepted, and all other personal property installed in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Tenant Lessor as set forth above. If any items of Equipment are missing or its assignees damaged when returned, such occurrence shall be treated as an event of Loss or subtenants. Tenant shall repair any damage resulting from Damage with respect to such removal missing or damaged items and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of this Lease (unless clearly inapplicable)Maintainability from the Manufacturer of the Equipment, except which letter shall state that the Monthly Rent shall Equipment will be double the Monthly Rent payable eligible for the last full month immediately preceding Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the holdoverEquipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. No holdover or payment by Tenant after Should Lessee fail to comply with the provisions described above covering surrender, upon expiration or termination of the Initial Term, the term of this Lease shall operate to extend be automatically extended for a term of 3 months. Thereafter, the Term or prevent Landlord from immediate recovery term of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease will be extended for subsequent full month periods, on a month to the contrary notwithstandingmonth basis, any holdover by Tenant shall constitute a default on the part until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of Tenant all Lessee's obligations under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure (including payment of all periodic rental payments due during such 90 day period, all as provided in Paragraph 9 of this Lease). At any time after the expiration of the remedies available Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverterminate this Lease by 30 days written notice to Lessee.
Appears in 3 contracts
Sources: Master Lease Agreement (Spar Group Inc), Master Lease Agreement (Spar Group Inc), Master Lease Agreement (Spar Group Inc)
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant Improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days' notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlords' costs for storing, removing and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in good condition, except an amount equal to twice the Minimum Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior the month immediately prior to the expiration or termination of this Lease, the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Property Premises, including, without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment time by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovereither parry.
Appears in 3 contracts
Sources: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)
Surrender. (a) On 17.1 Tenant shall, on the date on which this Lease expires last day of the Term, or terminatesupon the sooner termination of the Term, quit and surrender to Landlord the Premises vacant, free of all equipment, furniture and other personal property, and in good order and condition, reasonable wear and tear excepted, and Tenant shall return remove or demolish all of the fixtures, structures and other improvements which Landlord shall elect pursuant to and in accordance with Section 6.4 hereof. Any property not so removed shall become the property of Landlord, and Landlord may cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition and of repairing any damage caused by such removal shall be borne by Tenant. Tenant’s obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
17.2 Tenant acknowledges that possession of the Premises must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the term of this Lease. Prior Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the expiration or sooner termination of the term of this Lease, then Tenant shall remove from pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Property all furniturePremises after the expiration or sooner termination of the term of this Lease, trade fixturesin addition to any sums payable pursuant to the foregoing indemnity, equipment, wiring and cabling a sum equal to one hundred-fifty percent (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants150%) the aggregate of the Rent which was payable under this Lease with respect to the last month of the term hereof. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required Nothing herein contained shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may to permit Tenant to retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or sooner termination of the term of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by If Tenant holds over in possession after the expiration or termination of this Lease the term of the Lease, such holding over shall operate not be deemed to extend the Term term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to at the contrary notwithstanding, any holdover by Tenant Rent as herein increased. This provision shall constitute a default on survive the part expiration or earlier termination of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 3 contracts
Sources: Master Lease Agreement (ITT Corp), Master Lease Agreement (Xylem Inc.), Master Lease Agreement (Xylem Inc.)
Surrender. (a) On the last day of the Term, or on the sooner termination thereof, Tenant will peaceably surrender the Premises in good condition and repair (ordinary wear and tear and damage by casualty excepted), consistent with Tenant's duty to make repairs as herein provided. Tenant will give written notice to Landlord at least 30 days prior to vacating the Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Premises. On or before the last day of the Term, or the date on which of sooner termination thereof, Tenant may, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises and repair all damage to the Premises caused by such removal. All property not removed will be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant not so removed from the Premises upon termination of this Lease expires and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or terminatesloss thereof, nor will Landlord be liable in any manner in respect thereto. Tenant shall return possession will reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal, transportation or storage of abandoned property and with respect to restoring such Premises to good order, condition and repair. All Leasehold Improvements and any other modifications, improvements, alterations, additions and fixtures, other than Tenant's trade fixtures and equipment, which have been made or installed by either Landlord or Tenant upon the Premises, will become the property of Landlord on the last day of the Term or sooner termination thereof and will be surrendered with the Premises as a part thereof. Tenant will promptly surrender all keys for the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to at the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable place then fixed for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Rent and will inform Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingcombinations on any vaults, any holdover by Tenant shall constitute a default locks and safes left on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverPremises.
Appears in 3 contracts
Sources: Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp)
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, removing and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in good condition, except an amount equal to twice the Minimum Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior the month immediately prior to the expiration or termination of this Lease, the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Property Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment time by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovereither party.
Appears in 3 contracts
Sources: Office Lease (Loudeye Technologies Inc), Office Lease (Microvision Inc), Office Lease (Microvision Inc)
Surrender. (a) On the date on which this Lease expires or terminatesExpiration Date, Tenant shall return possession of surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to Landlord remove as expressly set forth above) in good a first class and clean condition, except for ordinary less any normal wear and tear, free of trash and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination debris including cleaning of this Lease, Tenant all flooring; all walls shall remove from the Property be patched and painted; all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property signage installed by Tenant on any portion of the Buildings or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required Project shall be deemed abandonedremoved and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property lighting fixtures shall be in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord good operating condition; all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, roof penetrations arising from Tenant’s occupancy of the Premises shall be that of in a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)watertight condition; and all doors, except that the Monthly Rent windows, locks, and hardware shall be double in operable condition upon the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease Lease. Tenant shall operate to extend the Term or prevent Landlord from immediate recovery of possession additionally, as of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingExpiration Date, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the remedies available to Landlord in the event removal of a Tenant defaultany Alterations or Tenant’s Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. Tenant will be liable to Landlord for Landlord’s costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant’s Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall indemnify, defend, and hold Landlord harmless from and against all liabilities, damages, losses, costs, expenses, attorneys’ fees and claims resulting from such failure, including consequential damages, that Landlord suffers as without limitation any claim for damages made by a result of the holdoversucceeding tenant.
Appears in 3 contracts
Sources: Office Lease Agreement (Smartsheet Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp), Office Lease Agreement (Somaxon Pharmaceuticals, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 3 contracts
Sources: Lease Agreement (Trintech Group PLC), Lease Agreement (Blue Martini Software Inc), Lease Agreement (Trintech Group PLC)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of surrender the Premises to Landlord in the condition in which the Premises were originally received from Landlord, except as repaired, rebuilt, restored, altered or added to as permitted or required under this Lease, hereby and except for ordinary wear and tear. Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of remove from the Premises after the on or prior to such expiration or termination all property situated thereon which is not owned by Landlord and shall repair any damage caused by such removal. Property not so removed shall become the property of this LeaseLandlord, Tenant’s occupancy of and Landlord may cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition and of repairing any damage caused by such removal shall be that borne by Tenant. Landlord shall credit the net proceeds of a tenancy at willdisposition of such property actually realized by Landlord against such costs to be borne by Tenant, provided that the Lease termination giving rise to such disposition was not caused by an Event of Default hereunder. Tenant’s occupancy during any holdover period shall otherwise be subject to In the provisions of event that this Lease is terminated with respect to a particular Project (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers either as a result of a default, or the holdoverexpiration hereof, or otherwise) Landlord shall remove all of Tenant's Personal Property. However, notwithstanding the foregoing, Landlord shall be allowed (and Tenant hereby grants to Landlord the option) to purchase such Tenant's Personal Property from Tenant for an amount equal to the fair market value of Tenant's Personal Property. Tenant's Personal Property shall only be deemed to be retained by Landlord if Landlord specifically elects to retain the same by written notice to Tenant. If Tenant abandons Tenant's Personal Property, it shall become the property of Landlord as outlined above. The fair market value of the Tenant's Personal Property shall be determined by the mutual agreement of Landlord and Tenant, and if the parties cannot agree, by appraisal by an unrelated third-party appraiser. The provisions of this Section shall survive the termination or expiration of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Maxxam Inc), Lease Agreement (Maxxam Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repair, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Article 6 (Tenant Improvements & Alterations), and Landlordrepair any damage caused to the Premises or the Property by such removal. If such removal is not completed before the expiration or termination of the Term, at Tenant’s expenseLandlord shall have the right (but no obligation) to remove the same, may remove, store, sell and Tenant shall pay Landlord on demand for all costs of removal and storage thereof. Landlord shall also have the right to retain or otherwise dispose of all or any portion of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If if Tenant does not return possession pay all such costs and retrieve the property within ten days after written notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises (and any other part of the Property for which Tenant has keys) and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. The delivery of keys to the Premises to Landlord in or any agent or employee of Landlord shall not constitute a surrender of the condition required under Premises or effect a termination of this Lease, Tenant whether or not the keys are retained by Landlord. Tenant’s obligations under this Section shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease Agreement (LendingClub Corp), Lease Agreement (LendingClub Corp)
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a broom clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a b▇▇▇ of sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenants failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable 's liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant repairs and restoration under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 2 contracts
Sources: Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good good, broom-clean condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by or on behalf of Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property Premises to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyaccordance with California law. If Tenant ▇▇▇▇▇▇ does not return possession of the Premises Property to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant▇▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be month-to-month tenancy, subject to the provisions of this Lease (unless clearly inapplicable), ) except that the Monthly Base Rent shall be double 200% of the Monthly Base Rent payable for the last full month immediately preceding the holdoverholdover and Tenant shall continue to pay Operating Expenses. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant without Landlord’s consent shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Surrender. (a) On Upon the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all furnitureits property that is capable of removal without causing damage to the Property, trade fixturesand, equipmentat Tenant's expense, wiring and cabling (unless Landlord directs Tenant otherwise)shall at such times of removal, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall restore become the property of Landlord. Any holding over by Tenant of the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, Tenant’s occupancy of the Premises in addition to any other liabilities to Landlord accruing therefrom, Tenant shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)protect, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent defend, indemnity and hold harmless Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingall loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any holdover claims made by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord any succeeding tenant founded upon such failure to exercise, without obligation to provide Tenant surrender and any notice or cure period, all of the remedies available lost profits to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverresulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Source Interlink Companies Inc), Lease Agreement (Source Interlink Companies Inc)
Surrender. (a) On the date on which this Lease expires Expiration Date or terminatesupon the termination hereof upon a day other than the Expiration Date, Tenant shall return possession peaceably surrender the Premises broom-clean in good order, condition and repair, reasonable wear and tear only excepted. On or before the last day of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage Term or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or sooner termination of this Leasethereof, Tenant shall at its expense remove all of its furnishings, equipment and other personal property from the Property Premises, repairing any damage caused thereby, and any property not so removed shall be deemed abandoned. At the election of Landlord, all furniturealterations, additions and fixtures, other than Tenant’s trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property which have been made or installed by either Landlord or Tenant upon the Premises shall remain as Landlord’s property and shall be surrendered with the Premises as a part thereof, or its assignees Landlord may require removal of the same at the end of the Term or subtenants. upon the sooner termination thereof, in which event Tenant shall repair any damage caused thereby. If the Premises are not vacated and surrendered at the end of the Term or sooner termination thereof, Tenant shall indemnify Landlord against any and all loss, cost, damage, liability and expense resulting from delay by Tenant in so vacating and surrendering the Premises, including, without limitation, claims made by any succeeding tenant founded on such removal and delay, which indemnity obligation shall restore survive the Property to good order and conditionexpiration or earlier termination of this Lease Agreement. Any of Tenant’s personal property not removed as required Tenant shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of promptly surrender all keys for the Premises to Landlord in the condition required under this Lease, Tenant and shall pay inform Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject combinations to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default locks and/or safes on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverPremises.
Appears in 2 contracts
Sources: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)
Surrender. (a) On the date on which this Lease expires A. Upon any termination or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from surrender the Property all furnitureDemised Premises in the same condition as existed at the Commencement Date, trade fixturesexcept for normal wear and tear and damage caused by the fire or other casualty; provided, equipmenthowever, wiring and cabling (unless Landlord directs Tenant otherwise), and all that nothing in this Paragraph 31 is intended to change or diminish Tenant's obligations under any other personal property installed by Tenant or its assignees or subtenantspart of this Lease. Tenant shall repair any remove the Alterations it is required to remove pursuant to the terms of Paragraph 8 hereof. Any damage to the Demised Premises resulting from the removal of such removal Alterations shall be repaired by Tenant at Tenant's expense. If the Demised Premises be not surrendered as above set forth, Tenant shall indemnify, defend and shall restore hold Landlord harmless against loss or liability resulting from the Property to good order and conditiondelay by Tenant in so surrendering the Demised Premises, including, without limitation any claim made by any succeeding occupant founded on such delay. Any All property of Tenant’s personal property Tenant not removed on or before the last day of the term of this Lease (subject to Tenant's right to occupy the Demised Premises following expiration of the term of this Lease as required set forth in Paragraph 30 hereof) or within fifteen (15) days thereafter shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose . Tenant hereby appoints Landlord its agent to remove all property of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of from the Demised Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or upon termination of this Lease shall operate and to extend cause its transportation and storage for Tenant's benefit, all at the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part sole cost and risk of Tenant under this Lease entitling and Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall not be liable for damage, theft, and misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all damagescosts and expenses of such removal, including consequential damagestransportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal or storage of abandoned property and with respect to restoring said Demised Premises to good order, that Landlord suffers as a result of the holdovercondition and repair.
Appears in 2 contracts
Sources: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furnitureTenant’s personal property, trade fixtures, equipment, wiring Trade Fixtures and cabling Alterations that Tenant has the right or is required by Landlord to remove under the provisions of this Lease (unless Landlord directs Tenant otherwiseexcept as expressly provided for otherwise in Section 6.1), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Office Lease Agreement (Rain Therapeutics Inc.), Office Lease Agreement (Rain Therapeutics Inc.)
Surrender. (a) On Section 16.1. Tenant shall, on the last day of the Term, or upon the sooner termination of the Term, quit and surrender to Landlord the Premises vacant, free of all equipment, furniture and other movable personal property of Tenant, and in the same good order and condition as on the Commencement Date, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.7 hereof. Tenant's obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date on which this Lease expires or terminates, of termination.
Section 16.3. Tenant shall return acknowledges that possession of the Premises must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the term of this Lease. Prior Tenant agrees to the expiration indemnify Landlord against and save Landlord harmless from all costs, claims, loss or termination of this Lease, Tenant shall remove liability excluding consequential damages) resulting from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed failure or delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such failure or its assignees or subtenantsdelay. Tenant shall repair any The parties recognize and agree that the damage to Landlord resulting from such removal and shall restore the Property any failure by Tenant to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord in upon the condition required under this Leaseexpiration or sooner termination of the Term, then Tenant shall pay Landlord to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to the higher of the then fair market rental value of the Premises, taking into account the effect of all resulting damages Landlord may suffer.
material factors reasonably relevant to such determination, or one and one-half (b1 1/2) If times the aggregate of the Fixed Rent which was payable under this Lease with respect to the last month of the Term hereof. Nothing herein contained shall be deemed to permit Tenant remains in to retain possession of the Premises after the expiration or sooner termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willTerm. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by If Tenant holds over in possession after the expiration or termination of this Lease the Term, such holding over shall operate not be deemed to extend the Term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession this Lease at the Fixed Rent as herein increased. Tenant hereby waives the benefit of any law or statute in effect in the state where the Premises by summary proceedings is located which would contravene or otherwise. Any provision limit the provisions set forth in this Lease to Section 16.3. This provision shall survive the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part expiration or earlier termination of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 2 contracts
Sources: Lease Agreement (Marketing Specialists Corp), Lease Agreement (Marketing Specialists Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furnitureTenant's personal property, trade fixtures, equipment, wiring Trade Fixtures and cabling (unless Alterations that Tenant has the right or is required by Landlord directs Tenant otherwise)to remove under the provisions of this Lease, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after receipt of notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Surrender. (a) On the date on which Tenant shall, upon expiration or sooner termination of --------- this Lease expires or terminatesLease, Tenant shall return possession of surrender the Premises to Landlord in good condition, except for ordinary the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and teartear and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleaned, all interior painted surfaces repainted in the original color, if necessary, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment servicing only the Premises in operating order and in good repair, and except for casualty damage all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender to Landlord such alterations (to the Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on or other conditions that Tenant is not required to remedy under this Lease. Prior to before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the Premises to its condition as of the date Tenant originally took possession thereof, and the transportation and storage costs of such items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall remove indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Property all furniturePremises, trade fixturesincluding without limitation, equipmentany claims made by any succeeding tenant founded on such delay, wiring and cabling (unless losses to Landlord directs Tenant otherwise)due to lost opportunities to lease to succeeding tenants, and all other personal property installed by Tenant attorneys' fees and costs. All keys to the Premises or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required part thereof shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell surrendered to Landlord upon expiration 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 sooner termination of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may sufferLease term.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Sublease (Covad Communications Group Inc), Sublease (Covad Communications Group Inc)
Surrender. (a) On Upon the date on which this Lease expires or terminates, Tenant shall return possession expiration of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage Lease Term or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall quit and surrender to Landlord the Leased Premises, broom clean and in good order, condition and repair and otherwise in the condition and in a state of repair consistent with the requirements specified in Section 9(b) above, ordinary wear and tear and acts of Casualty Damage which Landlord is obligated to repair or replace excepted; provided, that Tenant shall remove from its personal property and any property affixed to the Property all furnitureLeased Premises or improvements, trade fixtures, equipment, wiring and cabling (unless additions or alterations to the Leased Premises which Landlord directs Tenant otherwise), to remove and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from to the Building caused by such removal and removal. If Tenant shall restore the Property fail to good order and condition. Any remove any property or improvements, additions or alterations that it is obligated to remove, Landlord may cause all or any item of Tenant’s personal such property not or improvements, additions or alteration to be removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose . Tenant hereby agrees to pay all costs and expenses of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession any removal and of the repair of any damage to the Leased Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after caused by such removal. On the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject Tenant shall, in addition to the provisions of this Lease (unless clearly inapplicable)foregoing, except that deliver to Landlord all keys and combinations to locks, safes and vaults. Any and all property remaining on the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant Leased Premises after the expiration of the Lease Term or earlier termination of this Lease shall, at the option of Landlord, become the property of Landlord and Landlord may dispose of and/or remove any such property without any liability whatsoever to Tenant. Tenant’s obligation to observe and perform these covenants shall operate to extend survive the expiration of the Lease Term or prevent Landlord from immediate recovery earlier termination of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 2 contracts
Sources: Lease (Aqua Power Systems Inc.), Lease (Dirtt Environmental Solutions LTD)
Surrender. (a) On Upon the date on which this Lease expires or terminates, Tenant shall return possession expiration of the Premises to Landlord in good conditionLease Term, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to upon the expiration or earlier termination of this Lease, Tenant shall remove from vacate and surrender the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Leased Premises to Landlord in first class condition and repair and in full compliance with the maintenance, repair and replacement provisions of this Lease. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease:
a. all interior walls shall be painted or cleaned so that they appear freshly painted;
b. all non-carpeted floor coverings shall be cleaned and waxed to the extent they are in first class condition;
c. to the extent non-carpeted floor coverings are not in first class condition, said floor coverings shall be repaired or replaced, as necessary;
d. all carpets not in first class condition shall be cleaned and shampooed to the extent necessary to place them in first class condition as reasonably determined by Landlord;
e. to the extent cleaning and shampooing does not place the carpets in first class condition as reasonably determined by Landlord, such carpets shall be replaced, to the extent necessary, with neutral carpets of equal or better quality;
f. all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; and
g. all windows shall be washed. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any Alterations which Tenant is required under to remove pursuant to Section 11 and repair all damage caused by such removal. If the Leased Premises are not so surrendered upon the expiration or sooner termination of this Lease, Tenant shall pay be liable to Landlord for all resulting damages costs incurred by Landlord may suffer.
(b) If Tenant remains in possession of conforming the Leased Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)required condition, except that plus interest on all such costs at the Monthly Rent Default Rate. Tenant shall be double indemnify Landlord against loss or liability to the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment extent resulting from delay by Tenant after in so surrendering the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises Leased Premises, including, without limitation, any claims made by summary proceedings or otherwise. Any provision in this Lease any succeeding tenant to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord extent related to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoversuch delay.
Appears in 2 contracts
Sources: Lease (Speedfam Ipec Inc), Lease Agreement (Novellus Systems Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good conditionthe same condition as delivered to Tenant, except for ordinary wear and tear, except for Alterations not required to be removed by Tenant by the terms of this Lease, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order the same condition as delivered to Tenant, normal wear and conditiontear excepted. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly monthly installment of Minimum Annual Rent shall be double (i) 125% of the Monthly monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdoverholdover for the first 1 month of such holdover period, (ii) 150% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover for the subsequent month of such holdover period, and (iii) 200% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover thereafter. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover. At Tenant’s advance written request, Landlord agrees to give Tenant thirty (30) days’ prior written notice of any prospective damages that may arise from such holdover, including as a result of an executed lease for all or part of the Premises after the Term.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Dean & Deluca Inc)
Surrender. Section 16.1. Tenant shall, on the last day of the Term, or upon the sooner termination of the Term, quit and surrender to Landlord the Property vacant, free of all equipment, furniture and other movable personal property of Tenant, and in good order and condition, reasonable wear and tear and damage due to casualty (asubject to the provisions of Article 7) On or condemnation (subject to the provisions of Article 8) excepted, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.8 hereof. Tenant's obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date on which this Lease expires or terminates, of termination.
Section 16.3. Tenant shall return acknowledges that possession of the Premises Property must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the Term of this Lease. Prior Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Property, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Property as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Property is not surrendered to Landlord upon the expiration or sooner termination of the Term of this Lease, then Tenant shall remove from pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Property all furnitureafter the expiration or sooner termination of the Term of this Lease, trade fixturesin addition to any sums payable pursuant to the foregoing indemnity, equipment, wiring one hundred fifty percent (150%) of the Fixed Rent and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenantsAdditional Rent which was payable under this Lease with respect to the last month of the Term hereof. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required Nothing herein contained shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell to permit Tenant to retain possession of the Property after the expiration or otherwise dispose sooner termination of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertythe Term of this Lease. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains holds over in possession of the Premises after the expiration or termination of this the Term of the Lease, Tenant’s occupancy of the Premises such holding over shall not be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate deemed to extend the Term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession this Lease at the Fixed Rent and Additional Rent as herein increased. Tenant hereby knowingly and voluntarily waives the benefit of any law or statute or equitable right in effect in the Premises by summary proceedings state where the Property is located which would contravene or otherwise. Any provision limit the provisions set forth in this Lease to Section 16.3. This provision shall survive the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part expiration or earlier termination of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 2 contracts
Sources: Lease Agreement (Infocrossing Inc), Lease Agreement (Infocrossing Inc)
Surrender. (a) On the date on which last day of the term of this Lease expires Lease, including any option term, or terminatesupon the sooner termination thereof, Tenant shall return possession peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises, shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Premises term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the prime interest rate established by U.S. Bank National Association or its successors or assigns. The delivery to Landlord in good condition, except at the place then fixed for ordinary wear the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and tear, and except for casualty damage or other conditions that Tenant is acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not required constitute a waiver of any rights to remedy recover damages under terms of this Lease. Prior This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the expiration or contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant shall remove then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)payment of damages, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, Landlord may remove, store, sell or otherwise dispose retain possession of such property until payment in such manner as Landlord may see fit and/or Landlord may retain full of said amounts. Said lien shall not be defeated by placing such property or sale proceeds as its propertyin storage. If Tenant does has not return possession redeemed said property within ninety (90) days after the termination of the Premises to Landlord in the condition required under this said Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration sell such property at public or termination of this Lease, private sale without further notice to Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverto Landlord.
Appears in 2 contracts
Sources: Lease Agreement (Mentor Corp /Mn/), Lease Agreement (Mentor Corp /Mn/)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal,storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets, and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, . L▇▇▇▇▇▇▇’s initials Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.initials
Appears in 2 contracts
Sources: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal,storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets, and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, . Landlord’s initials Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.initials
Appears in 2 contracts
Sources: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Surrender. (a) On Sublessee shall at the date on which expiration or other termination of this Lease expires or terminatesSublease remove all Sublessee’s goods and effects from the Subleased Premises including, Tenant shall return possession without limitation, any furniture, fixtures, cabling and other equipment added to the Subleased Premises by Sublessee, and otherwise restore the Subleased Premises to its condition as of the Sublease Commencement Date, or such better condition as the Subleased Premises to Landlord in good conditionmay have thereafter been placed by Sublessee, except for ordinary wear and teartear and damage by fire or other casualty thereof only excepted. In the event of the Sublessee’s failure to remove any of Sublessee’s property from the Subleased Premises, Prime Landlord may proceed as permitted under the Sublease and/or Sublessor is hereby authorized, without liability to Sublessee for loss or damage thereto, and except for casualty damage at the sole risk of Sublessee, to remove and store any of the property at Sublessee’s expense, or other conditions that Tenant is to retain same under Sublessor’s control or to sell at public or private sale, without notice, any or all of the property not required so removed, or to remedy assign such rights to Prime Landlord, and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. In the event of such failure to vacate the Subleased Premises on the date and as provided herein, the Sublease Rent shall, immediately and without notice, accrue and be payable at a rate equal to two hundred (200%) percent of the Sublease Rent and additional last payable during the term hereof. Sublessee shall be liable for, and shall indemnify, defend and hold Sublessor harmless from and against all damages and holdover rental obligations payable by Sublessor to Prime Landlord under the Prime Lease by reason of such holdover. Sublessee’s obligations under this Lease. Prior to Section shall survive the expiration or earlier termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may sufferSublease.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Sublease (Flex Pharma, Inc.), Sublease (Flex Pharma, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage damage, acts of Landlord or its Agents or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Tern through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlords notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any derange or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease Agreement (BioElectronics Corp), Lease Agreement (BioElectronics Corp)
Surrender. (a) On Section 16.1. Tenant shall, on the last day of the Term, or upon the sooner termination of the Term, quit and surrender to Landlord the Property vacant, free of all equipment, furniture and other movable personal property of Tenant, and in good order and condition, reasonable wear and tear excepted and subject to the provisions of Section 7 and Section 8, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.8 hereof. Tenant’s obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date on which this Lease expires or terminates, of termination.
Section 16.3. Tenant shall return acknowledges that possession of the Premises Property must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the term of this Lease. Prior Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Property, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Property as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Property is not surrendered to Landlord upon the expiration or sooner termination of the term of this Lease, then Tenant shall remove from pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Property all furnitureafter the expiration or sooner termination of the Term of this Lease, trade fixturesin addition to any sums payable pursuant to the foregoing indemnity, equipment, wiring one and cabling one-half (unless Landlord directs Tenant otherwise), 1½) times the aggregate of the Fixed Rent and all other personal property installed by Tenant or its assignees or subtenantsAdditional Rent which was payable under this Lease with respect to the last month of the Term hereof. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required Nothing herein contained shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell to permit Tenant to retain possession of the Property after the expiration or otherwise dispose sooner termination of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertythe Term of this Lease. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains holds over in possession of the Premises after the expiration or termination of this the Term of the Lease, Tenant’s occupancy of the Premises such holding over shall not be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate deemed to extend the Term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession this Lease at the Fixed Rent and Additional Rent as herein increased. Tenant hereby knowingly and voluntarily waives the benefit of any law or statute or equitable right in effect in the Premises by summary proceedings state where the Property is located which would contravene or otherwise. Any provision limit the provisions set forth in this Lease to Section 16.3. This provision shall survive the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part expiration or earlier termination of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 1 contract
Surrender. No later than the Expiration Date or earlier termination of Tenant's right to possession of the Premises (a) On the date on which this Lease expires or terminates“Surrender Date”), Tenant shall return possession of must vacate and surrender the Premises to Landlord in good order and condition, except for ordinary wear and tearvacant, broom clean, and except for casualty damage or other conditions that Tenant is not required to remedy under in conformity with the applicable provisions of this Lease. Prior Tenant has no right to hold over beyond the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)Surrender Date, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If if Tenant does not return possession vacate as required such failure is deemed an Event of Default and Tenant's occupancy will not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the Surrender Date, the amount of Rent owed by Tenant to Landlord will be the Holdover Percentage of the Premises to Landlord in the condition required Rent that would otherwise be due under this Lease, Tenant shall pay without prorating for any partial month of holdover. The “Holdover Percentage” equals: (i) 150% for the first month of holdover; and (ii) 200% for any period of holdover beyond 1 month The provisions of this Section ▇▇▇▇ not constitute a waiver by Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains of any right of reentry as set forth in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy nor will receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord's right to terminate this Lease. If Tenant fails to vacate and surrender the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)as and when required, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent must indemnify, defend, and hold harmless Landlord from immediate recovery of possession of the Premises by summary proceedings all costs, losses, expenses, or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers liabilities incurred as a result of such failure No later than the holdoverSurrender Date, at Tenant's expense Tenant must remove from the Premises Tenant's Property, all alterations to the Premises made by or on behalf of Tenant, and all telephone, security, and communication equipment system wiring and cabling, and restore in a good and workmanlike manner any damage to the Premises and/or the Building caused by such removal or replace the damaged component of the Premises and/or the Building if such component cannot be restored as reasonably determined by Landlord. Tenant's obligation to pay Rent and to perform all other Lease obligations for the period through the Surrender Date and the terms of this Section survive the Expiration Date.
Appears in 1 contract
Sources: Lease (Inpixon)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from peaceably leave and surrender the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Leased Premises to Landlord in the same condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of which the Leased Premises after was at the expiration or termination commencement of this Lease, Tenant’s occupancy except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, and except for ordinary wear and tear. Upon such surrender, Tenant shall (a) remove from the Leased Premises all personal property, Trade Fixtures and equipment (other than the Building Equipment) which is owned by Tenant or third parties other than Landlord and (b) repair any damage caused by such removal. The personal property, Trade Fixtures and equipment not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment paid by Tenant to Landlord upon demand. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Section 26. If Tenant holds over in possession after the expiration or termination of this Lease the Term, then such holding over shall operate not be deemed to extend the Term or prevent Landlord from immediate recovery of possession renew this Lease, but rather the tenancy thereafter shall continue as a tenancy at sufferance pursuant to the terms and conditions herein contained, at one hundred fifty percent (150%) of the Premises by summary proceedings Interim Rent or otherwise. Any provision Minimum Rent in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default effect on the part date of such expiration (plus the requirement that Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available pay to Landlord in the event of a Tenant default, all Additional Rent); and Tenant shall be liable for indemnify, defend, protect (with counsel selected by Landlord) and hold Landlord and all Indemnitees wholly free and harmless of, from and against any and all damages, losses, costs, expenses and claims arising therefrom, including consequential damagesreasonable attorneys’ fees and costs. This Section 26 shall survive expiration, that Landlord suffers as a result termination or rejection in bankruptcy of the holdoverLease.
Appears in 1 contract
Surrender. (a) On No act by Landlord shall be an acceptance of a surrender of the date on which this Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease expires Term or terminatesearlier termination of Tenant’s right of possession, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of surrender the Premises to Landlord in the same condition as received (except Tenant-Made Alterations and Tenant Improvements that are required under or allowed to remain on the Premises pursuant to the terms of this Lease), broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted and otherwise in compliance with the provisions of Exhibit E attached hereto. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining Tenant’s responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant fails to perform any obligation prior to the expiration or earlier termination of this Lease, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all resulting damages costs associated therewith, plus an administrative fee of 15% of such costs, promptly upon Landlord’s delivery to Tenant of an invoice therefor, and any time required by Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises to complete such obligations shall be that considered a period of a tenancy at will. Tenant’s occupancy during any holdover period holding over and the terms of Paragraph 22 shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverapply.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to At the expiration or sooner termination of this Lease, Tenant shall surrender the Leased Premises to Landlord, together with all Tenant Improvements, in broom clean condition and in good order and repair except for ordinary wear and tear and damage by fire or other hazard for which Tenant is obligated to make repairs under this Lease. Tenant shall not be required to restore the Building to its original warehouse design and shall not be liable for any costs that may be incurred by Landlord in doing so. Tenant shall remove from the Property Leased Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required brought onto or into the Leased Premise pursuant to Section 7.2 hereof. Landlord shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of have no claim to such personal property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverexpiration or sooner termination of this Lease except as provided herein. Any such removal as described in the previous sentence shall not damage the Leased Premises, and to the extent it does so damage the Leased Premises, such damage shall be repaired by Tenant in a good and workmanlike manner. Any personal property or equipment not so removed by Tenant shall be deemed abandoned and, if Landlord elects, shall become the sole property of Landlord. If Landlord elects to remove and dispose of the same, Tenant will reimburse Landlord for the cost of such removal and disposal. Landlord may, in its sole discretion, conduct an inspection of the Leased Premises thirty (30) days prior to the Termination Date (the “Initial Walk-Through”) and an inspection on the Termination Date (“the Final Walk-Through”) in order to determine whether the Leased Premises is in the condition required pursuant to the first sentence of this Section 16 and after the Initial Walk-Through and the Final Walk-Through, Landlord shall note and deliver any punch list items (the “Punch List Items”) which Tenant must repair for the Leased Premises to be in the required condition. In the event that the Leased Premises is not in the condition specified in the first sentence of this Section 16 at the time that Landlord conducts the Final Walk-Through, Tenant shall have a seven (7) day period immediately following the date of such Final Walk-Through to repair the Punch List Items and surrender the Leased Premises in the condition required hereunder. If Tenant has not repaired the Punch List Items and surrendered the Leased Premises in the condition required hereunder prior to the expiration of such seven (7) day period, the Landlord shall make such repairs and send Tenant an invoice for the actual cost of the same. Tenant’s only obligation to Landlord during such seven (7) day period shall be to repair the Punch List Items. All other obligations of Tenant shall terminate as of the Termination Date.
Appears in 1 contract
Sources: Lease Agreement (Tollgrade Communications Inc \Pa\)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Hemacare Corp /Ca/)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender to Landlord the Premises, and all Tenant's improvements thereto and alterations thereof, broom clean and in good condition (except for ordinary wear and tear, destruction to the Premises covered by Article 18 of this Lease, and for alterations that Tenant has the right to remove or is obligated to remove, so long as Tenant repairs any damage to the Premises under the provisions of this Article 25 or Article 15), and shall remove all of its personal property including any signs, notices and displays. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal property, prior to the expiration of the Lease term. If any such removal would damage the Building structure, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant's expense or otherwise to require Tenant to post security for such restoration. Landlord may retain or dispose of in any manner any such improvements or alterations or personal property that Tenant does not remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the on expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of term as allowed or required by this Lease (unless clearly inapplicable)and title to any such improvements or alterations or personal property that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage or loss to Tenant arising out of Landlord's retention or disposition of any such improvements, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover alterations or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, personal property and Tenant shall be liable to Landlord for Landlord's costs of storing, removing and disposing of any such improvements, alterations or personal property which Tenant fails to remove from the Premises. Tenant shall indemnify, defend and hold Landlord harmless from all damages, loss, cost and expense (including consequential damages, that Landlord suffers as a result reasonable attorneys' fees) arising out of or in connection with Tenant's failure to surrender the holdoverPremises in accordance with this Section 25.1.
Appears in 1 contract
Sources: Office Lease (Trimark Holdings Inc)
Surrender. (a) On the date on which last day of the term hereof or upon any earlier termination of this Lease expires (unless Tenant has acquired title to the Demised Premises pursuant to Article XXIX), or terminatesupon a re-entry by Landlord upon the Land pursuant to Article XVI hereof, Tenant shall return possession well and truly surrender and deliver up to Landlord the Demised Premises free and clear of all liens and encumbrances other than those, if any, existing at the date hereof, or created by Landlord or subsequent owners of the Demised Premises, and, without any payment or allowance whatever by Landlord. Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Demises Premises on any such termination date. Title to any Improvements on the Land at the termination of this Lease shall pass to Landlord without the necessity of any payment therefor. At the end of the Term, Tenant will promptly quit and surrender the Demised Premises broom-clean, in good conditionorder and repair, except for ordinary wear and tear, and except for casualty damage or other conditions that tear excepted. If Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Leasethen in default, Tenant shall may remove from the Property all furnitureDemised Premises any trade fixtures, equipment and moveable furniture placed in the Demised Premises by Tenant, whether or not the same are fastened to the Improvements thereon; provided Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation of the Demised Premises or removal of the same will result in impairing the structural strength of the Improvements. Whether or not Tenant is in default, Tenant will remove such Improvements, trade fixtures, equipment and furniture as Landlord may request at its sole option and discretion. Tenant will fully repair any damage occasioned by the removal of any trade fixtures, equipment, wiring furniture, alterations, additions and cabling (unless Improvements. All trade fixtures, equipment, furniture, inventory, effects, alterations, additions and Improvements not so removed will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord directs Tenant otherwise), and all other personal property installed by without notice to Tenant or its assignees or subtenants. any other person and without obligation to account for them; and Tenant shall repair will reimburse to Landlord on demand all expenses incurred in connection with such property, including, but not limited to, the cost of repairing any damage resulting from such to the Premises caused by the removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises Tenant's obligation to Landlord in the condition required under observe and perform this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after covenant will survive the expiration or other termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Ground Lease (Ecoscience Corp/De)
Surrender. (a) On Upon the date on which expiration of the Term of this Lease, or upon an earlier termination of this Lease expires or terminatesas set forth herein, Tenant LESSEE shall return surrender up peaceable possession of the Leased Premises and all buildings and improvements thereon to Landlord LESSOR in good conditionand tenantable repair, except for ordinary reasonable wear and tear, permitted leasehold improvements and except for alterations (provided that LESSEE may remove trade fixtures and personal property) which are the property of LESSOR, casualty damage loss and condemnation (if specifically permitted hereunder) excepted. If possession be not immediately surrendered, LESSOR, with process of law, may forthwith re-enter the Leased Premises and repossess the same, or any part thereof, and expel and remove therefrom all persons and property without being deemed guilty of any unlawful act and without prejudice to any other conditions that Tenant is legal remedy available to LESSOR. LESSOR shall hold the Leased Premises after any such re-entry free of any right, privilege, or estate of LESSEE and without any duty or obligation to LESSEE in respect of any subsequent use, reletting or disposition of the Leased Premises.
a. If LESSEE shall not required to remedy under immediately surrender possession of the Leased Premises at the expiration or termination of this Lease. Prior , LESSEE shall become a lessee from month to month, provided rent shall be paid to and accepted by LESSOR, in advance, at the rate of rental payable hereunder just prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return LESSEE shall fail to surrender possession of the Leased Premises to Landlord in immediately upon the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession expiration of the Premises after the expiration or termination of this LeaseTerm hereof, Tenant’s occupancy LESSEE hereby agrees that all of the Premises shall be that obligations of a tenancy at will. Tenant’s occupancy LESSEE and all rights of LESSOR applicable during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination Term of this Lease shall operate to extend the Term be equally applicable during such period of subsequent occupancy, whether 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 not a month-to-month tenancy shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers have been created as a result of the holdoveraforesaid.
Appears in 1 contract
Surrender. (a) 2.2.1 On or before the date on which this Lease expires or terminatesTermination Date, Tenant shall return possession of peaceably and quietly leave the Premises and surrender the Premises to Landlord in good conditionwith all of the improvements, except for ordinary wear parts and tearsurfaces thereof clean and free of debris, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under the Lease, ordinary wear and tear excepted. Tenant shall not remove any demising walls or other improvements made by Tenant during the Term of the Lease. Any personal property of Tenant not removed on or before the Termination Date shall be deemed to have been abandoned by Tenant and may be disposed of or retained by Landlord at Landlord’s discretion. Tenant shall return all keys for the building, common areas and mailbox to Landlord and shall cause to be cancelled any security and/or alarm systems. Subject to the agreements, representations, warranties and indemnities contained in this Agreement, Landlord agrees to accept the surrender of the Lease and the Premises from and after the Termination Date and, effective as of the Termination Date, forever releases and discharges Tenant from all obligations to be observed and performed by Tenant under the Lease after the Termination Date, provided that Tenant has satisfied, performed and fulfilled all of the agreements set forth in this Agreement.
2.2.2 The failure by Tenant to timely vacate the Premises pursuant to this Agreement without the express written consent of Landlord shall constitute a material breach of this Agreement and the Lease. In the event Tenant materially breaches its obligations under this Agreement or the Lease prior to vacating the Premises, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession be liable for the full amount of the Premises Rent and other charges due under the Lease, and all other losses, costs, damages, and expenses incurred by Landlord to the extent resulting from such breach. Provided that Tenant performs all its obligations under this Agreement, Tenant shall not be liable for Rent, Base Rent, Additional Rent, or any other monetary or nonmonetary obligations under the Lease after the expiration or termination of this LeaseTermination Date, and Landlord acknowledges all Tenant’s occupancy of payment obligations through the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision Termination Date will have been paid in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant defaultfull, and Tenant shall be liable only for all damages, including consequential damages, those covenants under the Lease that Landlord suffers as a result expressly survive the end of the holdoverTerm of the Lease and relate to facts and circumstances occurring prior to the Termination Date.
Appears in 1 contract
Sources: Lease Termination Agreement (Guardion Health Sciences, Inc.)
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises Improvements and Tenant’s improvements and/or alterations installed pursuant to Landlord Article 7.1, in a janitorial clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casually, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord’s option, title shall pass to remedy Landlord under this LeaseLease as by a ▇▇▇▇ of sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord’s statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15.2 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant’s occupancy failure to give such notice or to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacation of the Leased Premises shall be that conclusively deemed correct, unless erroneous, for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, repairs and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrestoration hereunder.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession last day of the Premises to Landlord in good conditionTerm, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to upon the expiration or earlier termination of this Lease, Tenant shall remove from peaceably and quietly surrender the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Leased Premises to Landlord in good order, repair and condition at least equal to the condition required of same when delivered to Tenant, excepting only reasonable wear and tear resulting from normal use and damage by fire or other casualty covered by the insurance carried by Landlord. Tenant may remove its trade furniture, office supplies and movable office furniture and equipment attached to the Building provided: (1) such removal is made prior to the termination of the Term; (2) Tenant is not in default of any obligation or covenant under this LeaseLease at the time of such removal; and (3) Tenant promptly repairs all damage caused by such removal to Landlords reasonable satisfaction except for normal wear and tear. All other building standard property at the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) and any other article attached or affixed to the floor, wall or ceiling of the Leased Premises shall become the property of Landlord and shall remain in and be surrendered with the Leased Premises as a part thereof at the termination of this Lease by lapse of time or otherwise, Tenant shall pay hereby waiving all rights to any payment or compensation therefor. If, however, Landlord all resulting damages Landlord may suffer.
(b) If so requests in writing, Tenant remains in possession of the Premises after the expiration or will, prior to termination of this Lease, remove any and all alterations, additions, fixtures, equipment and property placed or installed by it in the Leased Premises and will repair any damage caused by such removal. Notwithstanding anything herein to the contrary, Tenant’s occupancy 's surrender of the Leased Premises shall be that of a tenancy at will. in no way affect Tenant’s occupancy during any holdover period shall otherwise be subject to 's obligations under the Additional Rental provisions of this Lease (unless clearly inapplicable)to the Expiration Date, except that whether or not the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination amount of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession such obligation has been ascertained either as of the date Tenant surrenders the Leased Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all as of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverExpiration Date.
Appears in 1 contract
Sources: Lease Agreement (Cyberonics Inc)
Surrender. (a) On Upon the date on which this Lease expires expiration or terminatesother termination of the term, Tenant shall return possession of the Premises quit and surrender to Landlord the Demised Premises, broom clean, in as good conditionorder, except for condition and repair as it now is or may hereafter be placed, ordinary wear and tear, tear and except for damage by casualty damage or other conditions that which Tenant is not required specifically obligated to remedy under this Leaserestore hereunder excepted. Prior to Tenant shall remove all property of Tenant. Any property left on the Demised Premises at the expiration or other termination of this Lease, or after the happening of any of the events of default set forth in Article 18, may, at the option of Landlord, either be deemed abandoned or be placed in storage at a public warehouse in the name of and for the account of and at the expense and risk of Tenant shall remove or otherwise disposed of by Landlord in the manner provided by law. Tenant expressly releases Landlord of and from any and all claims and liability for damage to or destruction or loss of property left by Tenant upon the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)Demised Premises at the expiration or other termination of this Lease, and Tenant hereby indemnifies Landlord against any and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal claims and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyliability with respect thereto. If Tenant does holds over after, the term with the express consent of Landlord, such tenancy shall be from month to month only and shall not return possession of the Premises to Landlord in the condition required under this Leasebe a renewal hereof, and Tenant shall pay Landlord the rent and all resulting damages Landlord may suffer.
(b) the other charges at the same rate as herein provided and also comply with all of the terms, covenants, conditions, provisions and agreements of this Lease for the time during which Tenant holds over. If Tenant remains in possession holds over after the term without the consent of Landlord and shall fail to vacate the Demised Premises after the expiration or sooner termination of this Lease for any cause or after Tenant's right to occupy same ceases, thereafter, and notwithstanding anything to the contrary contained elsewhere in this Lease Tenant shall be liable to Landlord for the use and occupancy of the Demised Premises in an amount agreed to be 125% of the monthly installment of Base Monthly Rent, and all the other charges as provided in this Lease for the last month of the term. Tenant's obligation to observe or perform all of the terms, covenants, conditions, provisions and agreements of this Article 21 shall survive the expiration or other termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease (Kabira Technologies Inc)
Surrender. (a) On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any re-entry by Landlord, Tenant shall return possession of shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good conditionorder, condition and repair, ordinary wear, tear and damage by fire or other casualty and damage for which Landlord is solely responsible excepted, together with all Alterations (except as otherwise provided for ordinary wear and tearin this Lease). Tenant shall, at its expense, remove from the Building (i) all of Tenant’s Property, (ii) Extraordinary Fixtures (as defined below) required to be removed by Landlord (in accordance with Section 20.01(b) below), and except for casualty (iii) any personal property of Tenant or persons claiming through or under Tenant, and shall repair or pay the cost of repairing all damage to the Premises and the Building occasioned by such removal. Any Tenant’s Property or other conditions that personal property which shall remain in the Premises (A) after the Expiration Date or (B) for thirty (30) days after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant is not required as Additional Rent on demand. The obligations of Tenant under this shall survive the expiration or sooner termination of the Lease.
(b) Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or such person may have under the provisions of Section 22.01 of the New York Civil Practice Law and Rules and any similar successor law of same import then in force in connection with any holdover proceedings which Landlord may institute to remedy under enforce the provisions of this Article.
(c) Simultaneously with Landlord’s approval of the Initial Improvements or any subsequent Alteration, provided Tenant shall expressly request Landlord to do so in a writing accompanying Tenant’s plans and specifications submitted to Landlord for approval pursuant to Article 7 Landlord shall notify Tenant (i) whether, in Landlord’s opinion, any of the alterations, additions or improvements to be installed with the Initial Improvements or subsequent Alteration in question (as the case may be) constitute an Extraordinary Fixture (and identifying same) and (ii) which items, of those identified as Extraordinary Fixtures, Tenant must remove at the expiration or earlier termination of this Lease. Prior If Landlord notified Tenant at the time Landlord approves the Initial Improvements or any subsequent Alteration in question (as the case may be) that in Landlord’s opinion the alterations, additions or improvements (or any of them) installed in connection therewith constitutes an Extraordinary Fixture, but that Landlord will not require Tenant to remove same at the expiration or sooner termination of this Lease, then Landlord shall have waived its right to cause Tenant to remove such alterations, additions or improvements and Tenant shall not be obligated to remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertysame. If Landlord fails to notify Tenant does not return possession of at the Premises time Landlord approves the Initial Improvements or any subsequent Alteration (as the case may be) that in Landlord’s opinion an alteration, addition or improvement to be installed in connection therewith constitutes an Extraordinary Fixture or that Landlord in the condition required under this Lease, will require Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after to remove same at the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises then Landlord shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject deemed to the provisions of this Lease (unless clearly inapplicable)have waived its right to cause Tenant to remove such alterations, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover additions or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, improvements and Tenant shall not be liable for all damages, including consequential damages, that Landlord suffers obligated to remove same. “Extraordinary Fixture” means (i) any slab opening in the Premises which does not exist as a result of the holdover.date hereof and which is made by Tenant, and (ii) a fixture which, at the time of installation, (aa) is not the type of improvement customarily found in a standard office installations and (bb) is materially more expensive to remove than the type of improvement that is customarily found in standard office installations; such as, but not by way of limitation, any internal staircases, vaults, safes, raised floors, reinforced floors, slabs, computer installations (including all cabling and wiring), cooking kitchens, libraries, file rooms, conveyors, dumbwaiters, specialty finishes and private bathrooms and any other unusual improvements to the extent that any of the foregoing were installed in the Premises after the date hereof and restore the Premises to their condition prior to the making of such improvements provided that air handlers, chillers and other air conditioning equipment installed by or for Tenant shall in no event constitute “Extraordinary Fixtures”, and provided further that Tenant shall reimburse Landlord for the cost of restoring the elevator, and re-programming the same to reinstate the modifications being performed by Landlord as described in Exhibit L.
Appears in 1 contract
Sources: Lease (MF Global Ltd.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, including the Work completed under Exhibit “E” or “K” as applicable and any Alterations made by Tenant and not required by Landlord to be removed by Tenant, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants; Tenant’s Exterior Sign, in accordance with Section 11; and to the extent required by Landlord in accordance with Section 12, any Alterations constructed and installed by Tenant. Notwithstanding the foregoing, Tenant shall not be required to remove (i) any wiring, conduits or cabling or (ii) any of the Work completed under Exhibit “E” or “K” as applicable, other than non-standard office improvements which Landlord may require Tenant to remove under the terms of Paragraph E-3 of Article II of Exhibit “E”. Tenant shall repair any damage resulting from such removal removal, including matching finishes to the surrounding areas, at Tenant’s sole cost and shall restore the Property to good order and conditionexpense. Any At Landlord’s sole option, any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant ▇▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Landlord may restore the Premises to the condition required to be in when returned by Tenant under the terms of this Lease, and Tenant shall pay Landlord all resulting damages Landlord may sufferthe cost thereof on demand.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant▇▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at willwill or at sufferance at Landlord’s option. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that Tenant shall pay to Landlord, promptly within 10 days of written demand, for each month or partial month Tenant thus remains in possession, (i) for the Monthly Rent shall be double first three (3) months of such holdover, including any partial month before the fourth month of such holdover, a monthly sum equal to one hundred fifty percent (150%) of the highest rate of Monthly Rent payable under the Lease during the Term and (ii) for the last full fourth month immediately preceding or partial month of such holdover, and each subsequent month or partial month of such holdover, a monthly sum equal to two hundred percent (200%) of the holdoverhighest rate of Monthly Rent payable under the Lease during the Term. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, (i) any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, damages that Landlord suffers as a result of the holdoverholdover and (ii) Tenant shall indemnify, defend and hold harmless Landlord against all claims and demands made by succeeding tenants against Landlord, founded upon delay by Landlord in delivering possession of the Premises to such succeeding tenant.
Appears in 1 contract
Surrender. (a) On Upon the date on which expiration or sooner termination of this Lease expires or terminatesLease, Tenant shall return surrender the Premises (including the Affixed Equipment) to the District in the condition that existed on the Commencement Date, ordinary wear and tear excepted; provided, however, Tenant shall be entitled to remove any of Tenant’s property located therein and Tenant shall repair any damage resulting from such removal. Upon surrender of possession of the Premises to Landlord in good conditionand use of the Property, except for ordinary wear at the request of the District, Tenant shall remove any tenant improvements, Trade Fixtures, or Alterations and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior restore the Premises to the condition existing upon the Commencement Date. If Tenant fails to surrender the Premises or fails to restore the Premises upon expiration or termination of this Lease, Tenant shall remove from be in breach of this Lease. Notwithstanding anything to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property contrary contained 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, if Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains continues in possession of the Premises after following the date that is 15 days following the expiration or termination of this Lease, the monthly Base Rent will increase, automatically and without notice, to an amount equal to 150% of the Base Rent paid by Tenant immediately prior to such holdover commencing. The Parties agree that the foregoing amount of Base Rent payable during any hold over by Tenant is a reasonable amount. Tenant shall indemnify, defend, protect and hold harmless all District Indemnified Parties from and against any and all Claims whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of continued possession of the Premises by summary proceedings or otherwisePremises. Any provision Notwithstanding anything in this Lease to the contrary notwithstandingcontrary, any holdover by Tenant the foregoing increased rent shall constitute a default on be 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 District’s sole and exclusive remedy in the event Tenant continues to occupy the Premises at the end of a Tenant defaultthe Term; provided, and Tenant shall be liable for all damages, including consequential damageshowever, that Landlord suffers as a result the District shall retain the right to terminate this Lease or otherwise terminate Tenant’s possession of the holdoverPremises at the end of the Term or upon earlier termination of this Lease by any legal means including, without limitation, by bringing an action for unlawful detainer.
Appears in 1 contract
Sources: Lease Agreement
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Landlord Improvements, Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall, at Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant (which expressly excludes any wiring and cabling servicing the Premises as of the date of this Lease) and, subject to the terms and conditions of Exhibit B, remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to At the expiration or other termination of this Lease, Tenant shall remove from surrender the Property all Premises to Landlord in as good order and condition as they were at the commencement of the Term or may be put in thereafter in accordance with this Lease, reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) damage to the Premises by any Termination Casualty or Major Condemnation of the Premises excepted. All Alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, wiring computer and cabling other similar moveable equipment and shelving (unless Landlord directs Tenant otherwise“trade fixtures”), and all other personal shall become the property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal of Landlord and shall restore remain upon and be surrendered with the Property to good order and condition. Any of Tenant’s personal property not removed Premises as required shall be deemed abandoned, and Landlord, a part thereof at Tenant’s expense, may remove, store, sell the termination 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 other expiration of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after Term. At the expiration or termination of this Leasethe Term, Tenant’s occupancy Tenant shall remove its trade fixtures, as well as its Signs and identification marks, from the Premises. Tenant agrees to repair any and all damage caused by such removal. Trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Premises caused by such removal shall be that borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of such expiration or earlier termination. The provisions of this Section 19 shall survive the holdovertermination or expiration of this Lease.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall, at Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 — Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (ArcSight Inc)
Surrender. (a) On No act by Landlord shall be an acceptance of a surrender of the date on which this Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease expires Term or terminatesearlier termination of Tenant’s right of possession, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining Tenants’ responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made Alterations required to be removed by Tenant under Paragraph 12 and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant fails to perform any obligation prior to the expiration or earlier termination of this Lease, and such failure continues for more than five (5) business days following written notice from Landlord, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all resulting damages costs associated therewith, plus an administrative fee of 5% of such costs, within thirty (30) days following Landlord’s delivery to Tenant of an invoice therefor accompanied by reasonable supporting documentation with respect thereto, and any time required by Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises to complete such obligations shall be that considered a period of a tenancy at will. Tenant’s occupancy during any holdover period holding over and the terms of Paragraph 22 shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverapply.
Appears in 1 contract
Sources: Lease Agreement (Ziprecruiter, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession reasonable costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within thirty (30) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Mediaplex Inc)
Surrender. (a) On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any re-entry by Landlord, Tenant shall return possession of shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good conditionorder, except for condition and repair, ordinary wear wear, tear and tear, and except for casualty damage by fire or other conditions that Tenant is not required to remedy under insured casualty excepted, together with all Existing Improvements and Alterations (except as otherwise provided for in this Lease). Prior to the expiration or termination of this LeaseTenant shall, Tenant shall at its expense, remove from the Property Building (a) all furnitureof Tenant's Property, trade fixtures(b) any internal staircases, equipmentvaults, wiring safes, raised computer floors, computer installations, kitchens, libraries, file rooms, conveyors, dumbwaiters, specially finishes and cabling private bathrooms and any other unusual improvements and restore the Premises to their condition prior to the making of such improvements and (unless Landlord directs c) any personal property of Tenant otherwise)or persons claiming through or under Tenant, and shall repair or pay the cost of repairing all damage to the Premises and the Building occasioned by such removal. Any Tenant's Property or other personal property installed by Tenant or its assignees or subtenants. Tenant which shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property remain in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration Expiration Date or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate be deemed to extend have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the Term or prevent Landlord from immediate recovery proceeds of possession such sale and apply the same, at its option, against the expeises of the Premises by summary proceedings or otherwisesale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any provision excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in this Lease removing or disposing of such property shall be reimbursed to the contrary notwithstanding, any holdover Landlord by Tenant shall constitute a default as Additional Rent on the part demand. The obligations of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice SECTION 21.01 shall survive the expiration or cure period, all sooner termination of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 1 contract
Sources: Lease Agreement (Magnetek Inc)
Surrender. (a) On Effective as of the date on which this Lease expires or terminateshereof (the "Surrender Date"), Tenant shall return vacate, quit and surrender possession of the Premises to Landlord, and to the intent and purpose that the remainder of the term of the Lease be wholly merged and extinguished effective as of the Surrender Date, Tenant hereby gives, grants and surrenders to Landlord all of Tenant's right, title and interest in, to and under the Lease. As of the Surrender Date, the Lease and the term thereof and all rights of Tenant thereunder shall expire and terminate with the same effect as if the Surrender Date was the Expiration Date as set forth in good the Lease. The Tenth Floor Space shall be surrendered in “as is” condition, except for ordinary wear and tear, and except for casualty damage or other conditions the requirements that Tenant is not required to remedy under this Leaseleave the Tenth Floor Space in broom clean condition and that Tenant leave all of its furniture (excluding ten (10) six foot (6') high filing cabinets) in the Tenth Floor Space. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required The Seventh Floor Space shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property surrendered in such manner its “as Landlord may see fit and/or Landlord may retain such property or sale proceeds is” condition as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may sufferSurrender Date.
(b) If Tenant remains represents and warrants to Landlord that: (1) Tenant is the present tenant under the Lease and Tenant has not assigned, conveyed, encumbered, pledged, sublet or otherwise transferred, in whole or in part, its interest in the Lease, nor shall Tenant do any of the foregoing prior to the Surrender Date, (2) there are no persons or entities claiming under Tenant, or who or which may claim under Tenant, any rights of possession with respect to the Premises, and (3) Tenant has the right, power and authority to execute and deliver this Agreement and to perform Tenant's obligations hereunder, and this Agreement is a valid and binding obligation of Tenant enforceable against Tenant in accordance with the terms hereof. The foregoing representations and warranties shall survive the Surrender Date.
(c) Effective as of the Surrender Date, Tenant shall release Landlord and its successors and assigns from all claims, obligations and liabilities of every kind and nature whatsoever, arising out of, or in connection with, the Premises or the Lease. Notwithstanding the foregoing, Landlord shall not be released from any obligation, covenant, representation or warranty contained in this Agreement and the Lease, which by the terms of this Agreement or the Lease is specifically stated to survive the surrender of the Lease.
(d) Effective as of the Surrender Date, Landlord shall release Tenant and its successors and assigns from all claims, obligations and liabilities of every kind and nature whatsoever arising out of, or in connection with, the Premises or the Lease relating to the period from and after the Surrender Date. Notwithstanding the foregoing, Tenant shall not be released from any obligation, covenant, representation or warranty contained in this Agreement and the Lease, which by the terms of this Agreement or the Lease is specifically stated to survive the surrender of the Premises and the termination of the Lease.
(e) Tenant shall pay to Landlord on the Surrender Date (1) an amount equal to Fifteen Thousand Dollars ($15,000), in the form of a bank check or by wire, as consideration for Landlord’s execution of this Agreement and acceptance of the Premises, and (2) Tenant hereby waives and hereby disclaims any right, title and interest Tenant may have for any and all sums remaining in the Tenth Floor Space Tenant Fund, which the parties agree is approximately One Hundred Forty Thousand and 00/100 Dollars ($140,000.00). If, at any time after the expiration Surrender Date, it shall be determined that any Fixed Rent, additional rent, all other items of rental or termination other sums and charges shall have been due and payable for any period prior to the Surrender Date, Tenant shall pay such amounts to Landlord within ten (10) days after rendition of this Leasea ▇▇▇▇ therefor. In addition, Tenant’s occupancy the obligation of Tenant under the Lease to pay escalations of any sort with respect to the Premises (including, but not limited to the Tax Payment, the Operating Expense Payment and payments on account of electricity, whether or not such payments are called additional rent), which shall have accrued prior to the Surrender Date, shall survive the Surrender Date. Tenant acknowledges that it has paid Rental through September 30, 2001, and that even though Tenant is surrendering the Premises as of the Premises Surrender Date, there shall be that no apportionment of a tenancy at willRental for the month of September 2001, nor shall any prepaid portion of Rental be refunded to Tenant. Tenant’s occupancy during any holdover period shall otherwise be subject to the The terms and provisions of this Lease (unless clearly inapplicable)Paragraph 2(e) shall survive the surrender of the Premises. Notwithstanding the foregoing, except Landlord and Tenant acknowledge that if this Agreement is executed and delivered after September 30, 2001, then for any period commencing on October 1, 2001, and continuing through and until the Monthly date this Agreement is executed and delivered, Fixed Rent and additional rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant defaultadjourned, and Tenant shall only be liable obligated for the payment of electricity and other similar charges for other utilities; provided however, if the Condition is not satisfied or waived by Landlord and this Agreement becomes null and void, Tenant agrees to pay to Landlord within two (2) days of the termination of this Agreement, any Fixed Rent and additional rent due for the period commencing October 1, 2001, through and including the date this Agreement terminates. In such event Tenant’s obligation to pay Fixed Rent, additional rent and other charges shall continue from and after the date this Agreement terminates, through and including the end of the Term.
(f) Tenant (1) shall pay all transfer taxes, if any, imposed by any governmental authority in connection with the surrender of the Premises, including, without limitation, any City Transfer Tax and State Transfer Tax (each as hereinafter defined), and (2) does hereby agree to indemnify and hold Landlord harmless of and from any transfer taxes imposed by any governmental authority by reason of the surrender of the Premises including, without limitation, the City Transfer Tax and State Transfer Tax, if any, and all expenses related thereto, including, without limitation, reasonable attorneys' fees and disbursements. Landlord and Tenant shall each complete, execute and deliver, within seven (7) days after request by either party of the other party, any questionnaire, affidavit or document with respect to the tax imposed by Title 11, Chapter 21 of the New York City Administrative Code (the "City Transfer Tax") and Article 31 of the Tax Law of the State of New York (the "State Transfer Tax"), required to be completed, executed and delivered by Landlord and Tenant with respect to the transactions contemplated by this Amendment, and the taxes, if any, shown thereby to be due shall be paid by Tenant when required by applicable law or regulation. The provisions of this Paragraph 2(f) shall survive the Surrender Date.
(g) If as of the Surrender Date Tenant has (i) fully satisfied its obligations under section 2(e) hereof, and (ii) delivered a ▇▇▇▇ of Sale for all damagesof the furniture located in the Premises to Bank of New York, including consequential damagesthen on the Surrender Date, Landlord shall deliver to Tenant the Letters of Credit securing the Seventh Floor Space Security Amount and the Tenth Floor Space Security Amount and a letter to the institution issuing the Letters of Credit stating that Landlord suffers as a result has no further right, title or interest in the Letters of Credit.
(h) Landlord and Tenant, each upon the request of the holdoverother, at any time and from time to time hereafter and without further consideration, shall execute, acknowledge and deliver to the other any instruments or documents, or take such further action, as shall be reasonably requested or as may be necessary to more effectively assure the surrender of the Premises, and the full benefits intended to be created by this Agreement.
Appears in 1 contract
Sources: Surrender Agreement (Liveperson Inc)
Surrender. (a) On the date on which this Lease expires or terminates‐ Tenant will, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or upon termination of this Lease, surrender the premises and all fixtures and equipment of the Landlord therein in good, clean, and operating condition, ordinary wear and tear excepted. Utilities shall be disconnected and all final bills paid. Utilities and proof of receipts provided by Tenant. Tenant shall shall, at time of vacating the premises:
a. Clean said premises and remove trash from the Property all furniturepremises.
b. If the premises is rented with wall-‐to-‐wall carpet or rugs, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of then Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy will shampoo and clean said rug or carpet prior to vacating the premises.
c. Upon vacating the premises, Tenant shall deliver all keys thereto to the Landlord or Agent managing the premises within twenty-‐four (24) hours after vacating. Failure to comply will be cause to charge Tenant for changing locks.
d. Tenant will be responsible for any damages to walls or woodwork including but not limited to those resulting from the use of picture hooks, cup hooks, nails, or screws and said Tenant agrees to repair all holes and damage made in walls and woodwork, etc. at his expense. Tenant will return all floors cleaned and waxed and in the same condition as received. Tenant is responsible for any damage to the floors due to water stains.
e. If premises were delivered at beginning of tenancy with windows washed at expense of Landlord, premises shall be returned in same clean condition at end of tenancy.
f. Any property which is left on the premises at the end of tenancy shall be considered to be abandoned by Tenant and shall, at Landlord's option, become Landlord's property and Landlord may dispose of it without liability. Any of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment above items not completed 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 will be completed by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant defaultLandlord, and Tenant shall will be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovercharged accordingly.
Appears in 1 contract
Sources: Lease Agreement
Surrender. (a) SECTION 21.01 On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any re-entry by Landlord upon the Premises, Tenant shall return possession of shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good conditionorder, condition and repair except for ordinary wear wear, tear and tear, and except for casualty damage by fire or other conditions that Tenant is not required to remedy under insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Prior to the expiration or termination of this Lease, Tenant shall remove from the Real Property all furniture, trade fixtures, equipment, wiring of Tenant's Property and cabling (unless Landlord directs Tenant otherwise)all personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or other personal property installed by Tenant or its assignees or subtenants. Tenant which shall repair any damage resulting from such removal and shall restore remain in the Property to good order and condition. Any Premises after the termination of Tenant’s personal property not removed as required this Lease shall be deemed abandoned, to have been abandoned and Landlord, at Tenant’s expense, either may remove, store, sell be retained by Landlord as its property or otherwise dispose may be disposed of such property in such manner as Landlord may see fit and/or fit. If such Tenant's Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or sale proceeds disposing of such Tenant's Property or other personal property shall be reimbursed to Landlord by Tenant as its property. Additional Rent on demand.
SECTION 21.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant's obligations under Section 21.01 shall be performed on or prior to the immediately preceding business day.
SECTION 21.03 Tenant does not return possession expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 22.01 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Article.
SECTION 21.04 If the Premises to Landlord in are not surrendered upon the condition required under termination of this Lease, Tenant shall pay hereby indemnifies Landlord all against liability resulting damages Landlord may sufferfrom delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant or prospective tenant founded upon such delay.
(b) If SECTION 21.05 In the event Tenant remains in possession of the Premises after the expiration or termination of this Lease without the execution of a new lease, Tenant, at the option of Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, at a monthly rental equal to three times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy.
SECTION 21.06 Tenant's obligations under this Article shall survive the termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease (Asi Solutions Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double 150% the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Novavax Inc)
Surrender. (a) On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any re-entry by Landlord, Tenant shall return possession of shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good conditionorder, except for condition and repair, ordinary wear wear, tear and tear, and except for casualty damage by fire or other conditions that Tenant is not required to remedy under casualty excepted, together with all Improvements and Fixtures therein (except as otherwise provided for in this Lease). Prior to the expiration or termination of this LeaseTenant shall, Tenant shall at its expense, remove from the Real Property all furniture, trade fixtures, equipment, wiring of Tenant's Property and cabling (unless Landlord directs Tenant otherwise)any personal property of persons claiming through or under Tenant, and shall repair or pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or other personal property installed by Tenant or its assignees or subtenants. Tenant which shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property remain in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate be deemed to extend have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the Term or prevent Landlord from immediate recovery proceeds of possession such sale and apply the same, at its option, against the expenses of the Premises by summary proceedings or otherwisesale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any provision excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant as Additional Rent on demand. If, during the last month of the Term, Tenant shall have removed all or substantially all of Tenant's Property from the Premises and subject to Tenant's consent, Landlord may immediately enter and alter, renovate and redecorate the Premises, without abatement of rent or liability to Tenant, provided Landlord releases Tenant from any further liability under the Lease. If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant's obligations under Section 24.1 shall be performed on or prior to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverimmediately preceding business day.
Appears in 1 contract
Sources: Lease Agreement (Dress Barn Inc)
Surrender. (a) On the date on which Upon termination of this Lease expires or terminatesTenant's right to possession, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord, in good condition and repair, normal wear and tear excluded. Tenant shall remove from the Premises all of Tenant's personal property, equipment and trade fixtures (collectively "Tenant's - Property") and Tenant shall repair any injury or damage to the Premises which may result from such removal, and shall restore the Premises to the same condition as prior to the installation thereof. If Tenant does not remove Tenant's Property from the Premises, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat Tenant's Property as having been conveyed to Landlord with this Lease acting as a ▇▇▇▇ of sale, without further payment or credit by Landlord to Tenant. If Landlord requests the removal of any Alterations (including without limitation Tenant’s fence), Tenant shall return possession of remove all such items and restore the Premises to Landlord in good their original 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 tear excepted upon expiration or termination of this Lease. If, Tenant shall remove from the Property all furnitureafter Landlord’s request, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of remove said Alterations, Landlord may remove the Premises to Landlord in the condition required under this Lease, same and Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession the cost of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available such removal to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverupon demand.
Appears in 1 contract
Sources: Industrial Building Lease
Surrender. (a) 23.1 On the date on which last day of the term of this Lease expires Lease, or terminatesupon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall return possession of quit and surrender the Demised Premises to Landlord in good order, condition, and repair, except for ordinary wear and tear, tear and except for casualty such damage or other conditions that Tenant destructions as Landlord is not required to remedy repair or restore under this Lease, and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease. Prior to At the expiration time of surrender, or earlier termination of this Lease, the Demised Premises shall be in the same state as existed as of the completion of Landlord's Work ordinary wear and tear excepted. Any Tenant Changes, alterations or improvements, all of which must be done in accordance with Article 12 shall remove from be removed, except as may otherwise have been provided by Landlord at the Property time it exercised its consent in connection with such Tenant Changes pursuant to Article 12. Landlord and Tenant agree that a minimum of ninety (90) days prior to the Expiration Date of this Lease, Landlord shall walk through the Demised Premises with Tenant and create a punchlist of all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed restoration which shall be required to be completed by Tenant or by the Expiration Date. Failure by Landlord and Tenant to walk through the Demised Premises ninety (90) days prior to the Expiration Date of this Lease shall not relieve Tenant of any restoration obligations otherwise required pursuant to this Lease. However, if Tenant gives Landlord notice that it desires to walk through the Demised Premises and identify the restoration required as set forth above and Landlord does not fulfill its assignees or subtenantsobligation to walk through the Demised Premises, Tenant will not be relieved of any of its restoration obligations but will not be deemed in holdover as set forth below while it performs such restoration. Thereafter, Tenant may request a written estimate from Landlord for the cost of all restoration required pursuant to this Lease. Landlord and Tenant acknowledge that Landlord, prior to the Expiration Date, will have already notified Tenant of its restoration obligations pursuant to a restoration agreement letter dated September 12, 1966 and Article 12 of the Lease, and, as a result, notwithstanding the ninety (90) day time period set forth above, it shall repair any damage resulting from be Tenant's obligation to ensure that Tenant has enough time after the Landlord and Tenant walk through the Demised Premises, if Tenant will be performing such removal restoration prior to the Expiration Date of the Lease. The cost contained in such estimate shall be commercially reasonable and shall restore where possible, Landlord will competitively bid the Property to good order and conditionwork. Any In lieu of Tenant’s personal property not removed restoring the Demised Premises 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 pursuant to Landlord in the condition required under this Lease, Tenant shall 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. If Tenant fails to perform any restoration required of it under this Lease or fails to pay Landlord all resulting damages for the cost of any restoration required on or before the last day of the term of this Lease or upon any earlier termination, Tenant shall be deemed a holdover Tenant under Article 40 of this Lease until such time as Tenant has completed such restoration. For the first fifteen (15) days of holdover as set forth above, Tenant shall only be required to pay holdover charges on a per diem basis. After the expiration of fifteen (15) days the Tenant shall be in subject to holdover charges on a monthly basis. If, unknowingly, Tenant incorrectly performs any of the restoration required, Landlord may suffer.
shall notify Tenant and Tenant shall have fifteen (b15) days to correct such error. If Tenant remains in possession of fails to correct such error within the Premises after the expiration or termination of this Leasethirty (30) day period, Tenant’s occupancy of the Premises Tenant shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to holdover from the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by day on which Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession received Landlord's notice of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverincorrect restoration.
Appears in 1 contract
Surrender. (a) On Upon the date on which expiration or earlier termination of this Lease expires Lease, whether by forfeiture, lapse of time, or terminatesotherwise, Tenant shall return or upon the termination of Tenant’s right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, to Landlord in good conditionand broom-clean condition and repair, except for ordinary reasonable wear and tear, tear and except for casualty damage loss by fire or other conditions that casualty excepted. All Tenant is not required to remedy under this Lease. Prior to Additions will, following the expiration or termination of this Lease, Tenant shall remove from remain in the Property all furniture, trade fixtures, equipment, wiring and cabling (Premises as Landlord’s property unless Landlord directs Tenant otherwiseto remove all or any portion of same whereupon Tenant agrees that it shall, at its expense, remove such Tenant Additions (or portion thereof directed by Landlord). Provided Tenant is not in default, it will remove its Trade Fixtures, inventory, and all other personal property installed upon the expiration of the Term. If Tenant is in default, it shall remove its Trade Fixtures only if specifically directed to do so in writing by Tenant or its assignees or subtenantsLandlord. Tenant shall repair any damage resulting to the Premises caused by the removal of such Tenant Additions, Trade Fixtures, or other items. In no event will any fire sprinklers, fire suppression equipment, HVAC System components, floor tiles, carpeting, ceiling tiles, plumbing fixtures, or similar building system items or any equipment or fixtures attached to the realty be considered “Trade Fixtures” or be removed unless directed by Landlord to do so. Tenant agrees that following an Event of Default, Landlord may, at its option, allow any party claiming to be a lessor of Tenant to remove equipment, Trade Fixtures, and similar items leased from such lessor. Landlord shall have no liability to Tenant therefor. Landlord may condition its consent upon such lessor agreeing to repair any damage to the Premises caused by such removal and providing adequate financial assurances of its ability to pay for any such damages. Provided, however, no such agreement by any such lessor, or Landlord’s failure to obtain such an agreement, shall restore relieve Tenant of its obligations hereunder including without limitation, Tenant’s obligation to repair said damage even if the Property to good order and conditiondamage is caused by said lessor or its contractors or agents. Tenant shall remove all Hazardous Materials. Any of Tenant’s personal property Trade Fixtures or Tenant Additions not removed by Tenant as required herein shall be deemed abandonedabandoned and may be stored, removed and Landlord, disposed of by Landlord at Tenant’s expense, may removeand Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention or disposal of same. Moreover, store, sell any period following the termination or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)during which there is Hazardous Material, except that the Monthly Rent Tenant Alterations or Trade Fixtures which are not removed as herein required shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any considered a holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord and, in addition to exercise, without obligation to provide Tenant any notice or cure period, all of the other remedies available to Landlord in hereunder, shall obligate Tenant to the event of a Tenant default, and increased rental payments pursuant to Section 27.2. Tenant shall be liable entitled to no payment or offset for the value of any such property (even if sold by Landlord) and shall pay on demand all damagescosts incurred by Landlord in connection with such removal or disposal. No retention, including consequential damages, that disposal or sale or such items shall limit remedies otherwise available to Landlord suffers hereunder for a breach by Tenant. All obligations of Tenant hereunder not fully performed as a result of the holdovertermination or expiration of the Lease shall survive such termination or expiration.
Appears in 1 contract
Sources: Standard Industrial Lease (Wornick CO Right Away Division, L.P.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall repair any damage to and restore the condition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant's Property and shall repair all damage to the Premises, the Building, the Common Area, Property or the Project caused by the installation or removal of Tenant's Property. In no event shall Tenant remove from the Property all furnitureBuilding any mechanical or electrical systems, trade including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring and cabling (or any other aspect of any systems within the Premises, unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant specifically permits or its assignees or subtenantsrequires such removal in writing. Tenant shall repair surrender the Premises, together with all keys and security codes, to Landlord broom clean, in as good a condition as when received, and in the condition described on Exhibit H attached hereto, ordinary wear and tear and damage by fire or casualty excepted. Conditions existing because of Tenant's failure to perform maintenance, repairs or replacements shall not be deemed "reasonable wear and tear”. If Tenant fails to remove any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as Property, or to restore the Premises to the required shall be deemed abandonedcondition, and within 2 days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, may removeshall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, storepreservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyupon demand, the expenses and storage charges incurred. If Tenant does not return possession of fails to remove Tenant’s Property from the Premises to Landlord in the condition required under this Leaseor storage, Tenant shall pay Landlord all resulting damages within 30 days after notice, Landlord may suffer.
(b) If Tenant remains in possession deem all or any part of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall Property to be that of a tenancy abandoned and, at will. Landlord’s option, title to Tenant’s occupancy during Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent manner Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverdeems appropriate.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires Lease, peaceably surrender the Leased Premises, including any [Tenant Improvements] or terminates[Tenant's improvements and/or alterations installed pursuant to Article 7.2], in a janitorial clean condition and otherwise in as good condition as when Tenant shall return possession of the Premises to Landlord in good conditiontook possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a bill ▇▇ sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15.2 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall given written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purpose of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable 's liabilities for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, repairs and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrestoration hereunder.
Appears in 1 contract
Surrender. (a) Section 20.01 On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any reentry by Landlord upon the Premises, Tenant shall return possession of shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good conditionorder, condition and repair except for ordinary wear wear, tear and tear, and except for casualty damage by fire or other conditions that Tenant is not required to remedy under insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Prior to the expiration or termination of this Lease, Tenant shall remove from the Real Property all furniture, trade fixtures, equipment, wiring and cabling of Tenant's Property (unless Landlord directs Tenant otherwise), excluding any of Tenants Property which is affixed or attached to the Premises) and all other personal property installed by Tenant and personal effects of all persons claiming through or its assignees or subtenants. Tenant shall repair any damage resulting from such removal under Tenant, and shall restore pay the cost of repairing all damage to the Premises and the Real Property to good order and conditionoccasioned by such removal. Any of Tenant’s 's Property or other personal property not removed as required which shall remain in the Premises after the termination of this Lease shall be deemed abandoned, to have been abandoned and Landlord, at Tenant’s expense, either may remove, store, sell be retained by Landlord as its property or otherwise dispose may be disposed of such property in such manner as Landlord may see fit and/or fit. If such Tenant's Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or sale proceeds as its property. If Tenant does not return possession disposing of the Premises such Tenant's Property or other personal property shall be reimbursed to Landlord in the condition required under this Lease, by Tenant shall pay Landlord all resulting damages Landlord may sufferas Additional Rent on demand.
(b) Section 20.02 If Tenant remains in possession the Expiration Date or the date of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or sooner termination of this Lease shall operate fall on a day which is not a business day, then Tenant's obligations under Section 20.01 shall be performed on or prior to extend the Term immediately preceding business day.
Section 20.03 Tenant expressly waives, for itself and for any person claiming through or prevent under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Article.
Section 20.04 The parties recognize that the damage to Landlord resulting from immediate recovery any failure of Tenant to timely surrender possession of the Premises by summary proceedings will be substantial and will be impossible to accurately measure. Tenant agrees that if possession of the Premises is not delivered to Landlord on the Expiration Date (or otherwise. Any provision any sooner termination date), Tenant, at the option of the Landlord, shall pay to Landlord, as liquidated damages and not as a penalty and in this Lease lieu of consequential damages, a monthly rental equal to the contrary notwithstanding, any holdover by Tenant shall constitute a default on greater of (a) three (3) times the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all Fixed Rent and Additional Rent payable during the last month of the remedies available to Landlord in Term or (b) the event of a Tenant defaultthen current Fair Market Value Rent for the Premises, and Tenant shall be liable for continue to occupy the Premises subject to all damages, including consequential damages, that Landlord suffers as a result of the holdoverother terms and conditions of this Lease insofar as the same are applicable to a month-to-month tenancy.
Section 20.05 Tenant's obligations under this Article shall survive the termination of this Lease.
Appears in 1 contract
Surrender. (a) On Upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, Tenant shall return possession surrender the Premises and all tenant improvements and Alterations to Landlord and such shall be returned clean and in their original condition as of the Premises to Landlord in good conditionCommencement Date of this Lease, except for ordinary reasonable wear and tear; provided, and except for casualty damage or other conditions however, that Tenant is not required to remedy under this Lease. Prior prior to the expiration or termination of this Lease, Tenant shall remove from the Property Premises all Tenant’s personal property, Trade Fixtures and Alterations (including but not limited to, exterior signage, modular furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), Tenant’s antenna systems and all cables, conduits, risers and other personal property installed similar items and equipment which pass through portions of the Building or connect to the antenna systems) designated by Tenant or its assignees or subtenants. Tenant shall Landlord for removal and repair any damage resulting from caused by such removal. If such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property is not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after completed before the expiration or termination of this Leasethe Term, Tenant’s occupancy Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be that transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of a tenancy at willany such property. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall operate surrender all keys to extend the Term Premises or prevent Landlord from immediate recovery of possession any other part of the Premises by summary proceedings Building and shall deliver to Landlord all keys for or otherwisemake known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant Tenant’s obligations under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice Section shall survive the expiration or cure period, all earlier termination of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverthis Lease.
Appears in 1 contract
Surrender. (a) On Provided that Lessee does not exercise the date on which purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of this Lease expires or terminateslease, Tenant Lessee, at its expense, shall return possession all, but not less than all, of the Premises Equipment by delivering it to Landlord such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in good conditionthe same condition as when delivered to Lessee, except for ordinary reasonable wear and teartear excepted, and except in a condition which will permit Lessor to be eligible for casualty damage Manufacturer's standard maintenance contract without incurring any expense to repair or other conditions that Tenant rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is not required received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to remedy under this Lease. Prior to the expiration such missing or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal damaged items and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease (unless clearly inapplicable), except that the Monthly Rent lease shall be double automatically extended for a term of 3 months. Thereafter, the Monthly Rent payable term of this lease will be extended for the last subsequent full month immediately preceding the holdoverperiods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this lease. No holdover or Such termination will take effect upon completion of all Lessee's obligations under this lease (including payment by Tenant of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this lease). At any time after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises Initial Term, if this lease has been automatically extended as set forth herein, Lessor reserves the right to terminate this lease by summary proceedings or otherwise. Any provision in this Lease 30 days written notice to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLessee.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling equipment (unless Landlord directs and Tenant agree otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages the actual costs incurred by Landlord may sufferto remove and restore.
(b) If Subject to subsection (c) below, if Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
(c) Provided no Event of Default on the part of Tenant has occurred and is continuing, Tenant shall have the right to extend the Lease Term for a 3-month holdover period by giving Landlord written notice of Tenant’s election to so extend the Term not less than 6 months prior to the Expiration Date. If Tenant timely provides such notice, the Term will be extended for 3 months at an Annual Minimum Rent equal to 150% of the Annual Minimum Rent in effect during the last lease year of the Term.
Appears in 1 contract
Sources: Lease Agreement (Uroplasty Inc)
Surrender. (a) On Upon the date on which expiration or earlier termination of this Lease expires Lease, whether by forfeiture, lapse of time, or terminatesotherwise, Tenant shall return or upon the termination of Tenant’s right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, to Landlord in good conditionand broom-clean condition and repair, except for ordinary reasonable wear and tear, tear and except for casualty damage loss by fire or other conditions that casualty excepted. All Tenant is not required to remedy under this Lease. Prior to Additions will, following the expiration or termination of this Lease, Tenant shall remove from remain in the Property all furniture, trade fixtures, equipment, wiring and cabling (Premises as Landlord’s property unless Landlord directs Tenant otherwiseto remove all or any portion of same whereupon Tenant agrees that it shall, at its expense, remove such Tenant Additions (or portion thereof directed by Landlord). Provided Tenant is not in default, it will remove its Trade Fixtures, inventory, and all other personal property installed upon the expiration of the Term. If Tenant is in default, it shall remove its Trade Fixtures only if specifically directed to do so in writing by Tenant or its assignees or subtenantsLandlord. Tenant shall repair any damage resulting to the Premises caused by the removal of such Tenant Additions, Trade Fixtures, or other items. In no event will any fire sprinklers, fire suppression equipment, HVAC System components, floor tiles, carpeting, ceiling tiles, plumbing fixtures, or similar building system items or any equipment or fixtures attached to the realty be considered “Trade Fixtures” or be removed unless directed by Landlord to do so. Tenant agrees that following an Event of Default, Landlord may, at its option, allow any party claiming to be a lessor of Tenant to remove equipment, Trade Fixtures, and similar items leased from such lessor. Landlord shall have no liability to Tenant therefor. Landlord may condition its consent upon such lessor agreeing to repair any damage to the Premises caused by such removal and providing adequate financial assurances of its ability to pay for any such damages. Provided, however, no such agreement by any such lessor, or Landlord’s failure to obtain such an agreement, shall restore relieve Tenant of its obligations hereunder including without limitation, Tenant’s obligation to repair said damage even if the Property to good order and conditiondamage is caused by said lessor or its contractors or agents. Tenant shall remove all Hazardous Materials. Any of Tenant’s personal property Trade Fixtures or Tenant Additions not removed by Tenant as required herein shall be deemed abandonedabandoned and may be stored, removed and Landlord, disposed of by Landlord at Tenant’s expense, may removeand Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention or disposal of same. Moreover, store, sell any period following the termination or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)during which there is Hazardous Material, except that the Monthly Rent Tenant Alterations or Trade Fixtures which are not removed as herein required shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any considered a holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord and, in addition to exercise, without obligation to provide Tenant any notice or cure period, all of the other remedies available to Landlord in hereunder, shall obligate Tenant to the event of a Tenant default, and increased rental payments pursuant to Section 27.2. Tenant shall be liable entitled to no payment or offset for the value of any such property (even if sold by Landlord) and shall pay on demand all damages, including consequential damages, that costs incurred by Landlord suffers as a result of the holdover.in connection with such removal or disposal. No retention,
Appears in 1 contract
Surrender. (a) 23.1 On the date on which last day of the term of this Lease expires Lease, or terminatesupon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall return possession of quit and surrender the Demised Premises to Landlord in good order, condition, and repair, except for ordinary wear and tear, tear and except for casualty such damage or other conditions that Tenant destructions as Landlord is not required to remedy repair or restore under this Lease, and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease. Prior to At the expiration time of surrender, or earlier termination of this Lease, the Demised Premises shall be in the same state as existed as of the completion of Landlord's Work ordinary wear and tear excepted. Any Tenant Changes, alterations or improvements, all of which must be done in accordance with Article 12 shall remove from be removed, except as may otherwise have been provided by Landlord at the Property time it exercised its consent in connection with such Tenant Changes pursuant to Article 12. Landlord and Tenant agree that a minimum of ninety (90) days prior to the Expiration Date of this Lease, Landlord shall walk through the Demised Premises with Tenant and create a punchlist of all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed restoration which shall be required to be completed by Tenant or by the Expiration Date. Failure by Landlord and Tenant to walk through the Demised Premises ninety (90) days prior to the Expiration Date of this Lease shall not relieve Tenant of any restoration obligations otherwise required pursuant to this Lease. However, if Tenant gives Landlord notice that it desires to walk through the Demised Premises and identify the restoration required as set forth above and Landlord does not fulfill its assignees or subtenantsobligation to walk through the Demised Premises, Tenant will not be relieved of any of its restoration obligations but will not be deemed in holdover as set forth below while it performs such restoration. Thereafter, Tenant may request a written estimate from Landlord for the cost of all restoration required pursuant to this Lease. Landlord and Tenant acknowledge that Landlord, prior to the Expiration Date, will have already notified Tenant of its restoration obligations pursuant to a restoration agreement letter dated September 12, 1966 and Article 12 of the Lease, and, as a result notwithstanding the ninety (90) day time period set forth above, it shall repair any damage resulting from be Tenant's obligation to ensure that Tenant has enough time after the Landlord and Tenant walk through the Demised Premises, if Tenant will be performing such removal restoration prior to the Expiration Date of the Lease. The cost contained in such estimate shall be commercially reasonable and shall restore where possible, Landlord will competitively bid the Property to good order and conditionwork. Any In lieu of Tenant’s personal property not removed restoring the Demised Premises 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 pursuant to Landlord in the condition required under this Lease, Tenant shall 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. If Tenant fails to perform any restoration required of it under this Lease or fails to pay Landlord all resulting damages for the cost of any restoration required on or before the last day of the term of this Lease or upon any earlier termination, Tenant shall be deemed a holdover Tenant under Article 40 of this Lease until such time as Tenant has completed such restoration. For the first fifteen (15) days of holdover as set forth above, Tenant shall only be required to pay holdover charges on a per diem basis. After the expiration of fifteen (15) days the Tenant shall be in subject to holdover charges on a monthly basis. If, unknowingly, Tenant incorrectly performs any of the restoration required, Landlord may suffer.
shall notify Tenant and Tenant shall have fifteen (b15) days to correct such error. If Tenant remains in possession of fails to correct such error within the Premises after the expiration or termination of this Leasethirty (30) day period, Tenant’s occupancy of the Premises Tenant shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to holdover from the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by day on which Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession received Landlord's notice of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverincorrect restoration.
Appears in 1 contract
Sources: Lease Agreement (Paradyne Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from peaceably vacate and surrender the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Leased Premises to Landlord in the same condition required under in which the Leased Premises were at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and tear, and damage by casualty or condemnation, excepted. Upon such surrender, Tenant shall pay Landlord (a) remove from the Leased Premises all resulting damages property which is owned by Tenant or any person occupying any portion of the Leased Premises by, through or under Tenant (excluding computer and communications cabling, wiring and conduit unless otherwise agreed by Landlord), all Billboard Work, and Alterations required to be removed pursuant to Paragraph 13 (Alterations and Improvements) hereof, and (b) repair any damage caused by such removal. Property not so removed shall be deemed abandoned and become the property of Landlord, and Landlord may sufferthereafter cause such property to be removed from the Leased Premises. Landlord shall not be obligated to store any such property. The cost of removing and disposing of such property and repairing any damage to the Leased Premises caused by such removal, together with an administrative charge of five percent (5%) of the cost of Landlord’s performance shall be paid by Tenant to Landlord upon demand and receipt by Tenant of a reasonably detailed invoice evidencing such costs and if not paid within ten (10) Business Days, shall bear interest at the Default Rate. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26.
(b) If Tenant remains fails to vacate and surrender the Leased Premises on or before the Expiration Date or earlier termination of this Lease in accordance with the provisions of this Lease, Tenant shall be a tenant at sufferance and shall pay to Landlord holdover rent (“Holdover Rent”) and Additional Rent payable hereunder for the Leased Premises during the term of such holdover. Holdover Rent shall be payable monthly in advance in an amount equal to 150% of Basic Rent payable immediately prior to the Expiration Date or such early termination until Tenant shall have vacated and surrendered the Leased Premises in accordance with the provisions of this Lease. The provisions of this Paragraph 26 shall not in any way be deemed to (i) permit Tenant to remain in possession of the Leased Premises after the expiration Expiration Date or sooner termination of this Lease, Tenant’s occupancy Lease or (ii) imply any right of Tenant to use or occupy the Leased Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the upon expiration or termination of this Lease shall operate to extend and the Term, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term or prevent Landlord from immediate recovery of possession shall be deemed to be other than on account of the Premises amount to be paid by summary proceedings or otherwise. Any provision Tenant in accordance with the provisions of this Lease Paragraph 26.
(c) Notwithstanding anything to the contrary notwithstandingelsewhere in this Lease, if Tenant fails to so vacate and surrender the Leased Premises in accordance with this Lease on or before the Expiration Date, then, in addition to any holdover by other liabilities to Landlord accruing therefrom, Tenant shall constitute a default on the part indemnify, defend and hold harmless Landlord from and against any claims, demands, liabilities, causes of Tenant under this Lease entitling Landlord action, suits, judgments, damages and expenses (including litigation costs and reasonable attorneys’ fees) based on, arising out of, or in any way relating to exercisesuch failure (directly or indirectly, in whole or in part), including, without obligation to provide Tenant any notice or cure period, all limiting the generality of the remedies available to Landlord in foregoing, loss of future rents as a consequence of such failure until the event earlier of (i) the effective date of a Tenant default, new lease executed by Landlord and Tenant another tenant for the Leased Premises or (ii) twenty-four (24) months after the Expiration Date. Tenant’s indemnification obligations set forth herein shall be liable for all damages, including consequential damages, that Landlord suffers as a result survive the Expiration Date or earlier termination of the holdoverthis Lease.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Lincoln Educational Services Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender to Landlord the Premises, and all Tenant's improvements thereto and alterations thereof, broom clean and in good condition (except for ordinary wear and tear, destruction to the Premises covered by Article 18 of this Lease, and for alterations that Tenant has the right to remove or is obligated to remove, so long as Tenant repairs any damage to the Premises under the provisions of this Article 25 or Article 15), and shall remove all of its personal property including any signs, notices and displays. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal 22 property, prior to the expiration of the Lease term. If any such removal would damage the Building structure, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant's expense or otherwise to require Tenant to post security for such restoration. Landlord may retain or dispose of in any manner any such improvements or alterations or personal property that Tenant does not remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the on expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of term as allowed or required by this Lease (unless clearly inapplicable)and title to any such improvements or alterations or personal property that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage or loss to Tenant arising out of Landlord's retention or disposition of any such improvements, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover alterations or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, personal property and Tenant shall be liable to Landlord for Landlord's costs of storing, removing and disposing of any such improvements, alterations or personal property which Tenant fails to remove from the Premises. Tenant shall indemnify, defend and hold Landlord harmless from all damages, loss, cost and expense (including consequential damages, that Landlord suffers as a result reasonable attorneys' fees) arising out of or in connection with Tenant's failure to surrender the holdoverPremises in accordance with this Section 25.1.
Appears in 1 contract
Sources: Office Lease (Isocor)
Surrender. No later than the Expiration Date or earlier termination of Tenant’s right to possession of the Premises (a) On the date on which this Lease expires or terminates“Surrender Date”), Tenant shall return possession of must vacate and surrender the Premises to Landlord in good order and condition, except for ordinary wear and tearvacant, broom clean, and except for casualty damage or other conditions that Tenant is not required to remedy under in conformity with the applicable provisions of this Lease. Tenant has no right to hold over beyond the Surrender Date, and if Tenant does not vacate as required such failure is deemed an Event of Default and Tenant’s occupancy will not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the Surrender Date, the amount of monthly Rent owed by Tenant to Landlord shall be for an additional month at one hundred-fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of the Lease for the first five (5) months of such period and upon the sixth month of occupancy beyond the Surrender Date at two hundred percent (200%) of the sum of Rent as those sums are at that time calculated under the provision of the Lease, without prorating for any partial month of holdover. The provisions of this Section will not constitute a waiver by Landlord of any right of reentry as set forth in this Lease, nor will receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease. If Tenant fails to vacate and surrender the Premises as and when required, Tenant must indemnify, defend, and hold harmless Landlord from all costs, losses, expenses, or liabilities incurred as a result of such failure. Prior to the expiration Expiration Date or sooner termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlordright to possession of the Premises, at Tenant’s expenseexpense Tenant must remove from the Premises Tenant’s Property (it being understood that Tenant shall not be required to remove any wiring or cabling installed by Tenant, may removeto the extent the same is in good working order), store, sell and restore in a good and workmanlike manner any damage to the Premises and/or the Building caused by such removal 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 replace the damaged component of the Premises to Landlord in and/or the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall Building if such component cannot be that of a tenancy at willrestored as reasonably determined by Landlord. Tenant’s occupancy during any holdover obligation to pay Rent and to perform all other Lease obligations for the period shall otherwise be subject to through the provisions Surrender Date and the terms of this Lease (unless clearly inapplicable), except that Section survive the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverExpiration Date.
Appears in 1 contract
Sources: Lease (Adaptimmune Therapeutics PLC)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation, Landlord’s obligations and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlordrepair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, at Tenant’s expense, may remove, store, sell Landlord shall have the right (but no obligation) to remove the same. Landlord shall also have the right to retain or otherwise dispose of all or any portion of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If if Tenant does not return possession pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of the Premises to Landlord in the condition required under any such property. Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall pay surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all resulting damages keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may suffer.
(b) If be located in the Premises. In no event shall Tenant remains be required to remove the Tenant Improvements or any Alterations except as provided in possession of the Premises after Section 6.1. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Mocon Inc)
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, removing and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in good condition, except an amount equal to one and one-half (1-1/2) times the Minimum Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior the month immediately prior to the expiration or termination of this Lease, the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Property Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment time by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovereither party.
Appears in 1 contract
Sources: Office Lease (Amazon Com Inc)
Surrender. (a) On No act by Landlord shall be an acceptance of a surrender of the date on which this Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease expires Term or terminatesearlier termination of Tenant’s right of possession, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to make themselves available to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining Tenant’s responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required under herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant fails to perform any obligation prior to the expiration or earlier termination of this Lease, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all resulting damages costs associated therewith, plus an administrative fee of 15% of such costs, promptly upon Landlord’s delivery to Tenant of an invoice therefor, and any time required by Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises to complete such obligations shall be that considered a period of a tenancy at will. Tenant’s occupancy during any holdover period holding over and the terms of Section 22 shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverapply.
Appears in 1 contract
Sources: Agreement of Purchase and Sale (Sears Hometown & Outlet Stores, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender the Property Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof with all furnitureof the improvements, trade fixtures, equipment, wiring parts and cabling (unless Landlord directs Tenant otherwise)surfaces thereof broom clean and free of debris, and all other personal property installed in good operating order, condition and state of repair, ordinary wear and tear and casualty damage excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by Tenant or its assignees or subtenantsindustry-standard maintenance practice. Tenant shall repair any damage resulting occasioned by the installation, maintenance or removal of trade fixtures, Tenant owned Alterations and/or Utility Installations, furnishings and equipment. Tenant shall also completely remove from the Project any and all Hazardous Materials brought or released onto the Premises by or for Tenant, even if such removal would require Tenant to perform or pay for work that exceeds statutory requirements. Trade fixtures shall remain the property of Tenant and shall restore the Property to good order and conditionbe removed by Tenant. Any personal property of Tenant not removed on or before the expiration of the Term or any earlier termination date shall be deemed to have been abandoned by Tenant and may be disposed of or retained by Landlord as Landlord may desire, but any removal or storage shall be at Tenant’s sole cost and expense. The failure by Tenant to timely vacate the Premises pursuant to this Section 16.15 without the express written consent of Landlord shall constitute a holdover under the provisions of Section 16.02 above. Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises, Buildings or Property. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell failure to give such notice or otherwise dispose of such property participate in such manner as Landlord may see fit and/or Landlord may retain such property joint inspection, Landlord’s inspection at or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, TenantT▇▇▇▇▇’s occupancy of vacating the Premises shall conclusively be that deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable responsibility for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, repairs and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrestoration.
Appears in 1 contract
Sources: Industrial Space Lease (Dragonfly Energy Holdings Corp.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage, condemnation damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs and Tenant agree otherwise), ) and all other personal property installed by Tenant or its assignees or subtenants, (unless Landlord directs Tenant otherwise). Tenant shall repair any damage resulting from such removal and shall restore the Property Premises to good order and condition, subject to ordinary wear and tear, casualty damage and condemnation damage. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay reimburse Landlord all resulting damages actual and reasonable expenses incurred by Landlord may sufferto cause the Premises to be in the condition required hereunder. Notwithstanding anything in this Lease to the contrary, in no event shall Tenant be required to remove any Tenant Improvements or Tenant Requested Optional Improvements (including, without limitation, any roof deck).
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that for the first month of any holdover, the Monthly Rent shall be double 125% of the Monthly Rent payable for the last full month immediately preceding the holdover, and thereafter, the Monthly Rent shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages arising from its holdover except if Tenant holds over in the Premises for more than sixty (60) days.
Appears in 1 contract
Sources: Lease Agreement (INSMED Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double equal to 125% of the Monthly Rent payable for the last full month immediately preceding the holdoverholdover for the first two months, then 150% thereafter. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Jagged Peak, Inc.)
Surrender. (a) 24.01 On the date on which last day of the term of this Lease expires Lease, or terminatesupon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall return possession of quit and surrender the Demised Premises to Landlord broom clean, in good conditionorder, condition and repair except for ordinary wear and tear, tear and except for casualty damage by fire or other conditions that insured casualty; Tenant is not required to remedy under this Lease. Prior shall remove Tenant's property subject to the expiration or provisions of Article 14 hereof; and Tenant shall surrender to Landlord all keys to offices, lavatories and mail boxes and all Building identification and parking cards possessed by Tenant's employees.
24.02 In the event Tenant remains in possession of the Demised Premises after the termination of this Lease without the execution by Landlord and Tenant of a new lease, Tenant shall, at Landlord's option, be deemed to be occupying the Demised Premises as a tenant from month to month, at a monthly rental equal to 150% of the fixed rent and additional rent payable during the last month of the term for the initial two (2) months of such holdover and thereafter 200% thereof, subject to all of the other terms of this Lease insofar as the same are applicable to a month to month tenancy.
24.03 In the event Tenant remains in possession of the Demised Premises following the termination of this Lease, Tenant shall remove hereby indemnifies and agrees to hold Landlord harmless from the Property all furnitureand against any loss, trade fixturescost, equipmentliability, wiring and cabling (unless Landlord directs Tenant otherwise)claim, damage, fine, penalty, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage expense, including attorneys' fees and disbursements, resulting from such removal and shall restore delay by Tenant in surrendering the Property to good order and conditionDemised Premises upon the termination of this Lease as provided in this Article 24, including without limitation, any claims made by any succeeding tenant or prospective tenant based upon such delay. 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 In the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If event Tenant remains in possession of the Demised Premises after for any period of time following the expiration or termination of this LeaseExpiration Date, Tenant’s occupancy of the Premises Tenant shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant in addition to the rent provided in Section 24.02 hereof, Landlord shall be liable for entitled to all damages, including consequential damages, that Landlord suffers as a result of the holdoverits rights and remedies provided in this Lease.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant’s improvements to Landlord broom-clean and in the Required Condition (as above defined); provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in or about the Property by Tenant, shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property and trade fixtures and shall remove all of Tenant’s improvements that Landlord has notified Tenant must be removed and repair any damage caused by such removal. If such removal is not removed as required completed before the expiration or termination of the Lease, Landlord shall be deemed abandonedhave the right (but no obligation) to remove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Lease term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property pursuant to this Lease. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Property and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Office Lease (Liveworld Inc)
Surrender. (a) Section 21.01 On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any reentry by Landlord upon the Premises, Tenant shall return possession of shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good conditionorder, condition and repair except for ordinary wear wear, tear and teardamage by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant’s Property and all other personal property and personal effects of all persons claiming through or under Tenant, and except for casualty shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant’s property or other conditions that personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand.
Section 21.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not required to remedy a business day, then Tenant's obligations under this Lease. Prior Section 21.01 shall be performed on or prior to the expiration or immediately preceding business day.
Section 21.03 If the Premises are not surrendered upon the termination of this Lease, Tenant shall remove hereby indemnifies Landlord against liability primarily and directly resulting from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant or its assignees or subtenants. Tenant shall repair any damage resulting from prospective tenant founded upon such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may sufferdelay.
(b) If Section 21.04 In the event Tenant remains in possession of the Premises after the expiration or termination of this Lease without the execution of a new lease, Tenant, at the option of the Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, at a monthly rental equal to two times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy.
Section 21.05 Tenant's obligation under this Article shall survive the termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Vringo Inc)
Surrender. (a) On Tenant shall, at the date on which expiration or earlier termination of the Term, promptly quit and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease expires Lease, excepting only reasonable wear and tear and damage by fire or terminates, other insured casualty. Tenant shall return have no right to hold over beyond the expiration or earlier termination of the Term and if Tenant shall fail to deliver possession of the Premises as herein provided, such occupancy shall constitute a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of Rent owed to Landlord by Tenant shall automatically become one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease. If Tenant fails to surrender the space within thirty (30) days of the expiration or earlier termination date of this Lease, Landlord may elect to automatically extend the Term for an additional month or additional year, at Landlord’s option, with a Rent of one hundred fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of this Lease. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying Tenant or taking possession of the Premises following the expiration or sooner termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including attorneys’ fees, incurred by Landlord as a result of such holdover. Tenant shall also be liable to Landlord for all damage which Landlord suffers because of any holding over by Tenant, and Tenant shall indemnify Landlord against all claims made by any other tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage such other tenant or other conditions that Tenant is not required to remedy under prospective tenant. The provisions of this Lease. Prior to Article 25 shall survive the expiration or earlier termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (SolarWinds, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling located above and below ceilings, in chases and in risers and installed in the Project by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all costs of removal and storage thereof. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting damages Landlord may suffer.
(b) If from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant remains in possession shall surrender all keys to the Premises or any other part of the Premises after Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (3do Co)
Surrender. (a) On Provided that Lessee does not exercise the date on which this Lease expires purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or terminatesany renewal term, Tenant or upon demand by Lessor made pursuant to Paragraph 22 of the lease, Lessee, at its expense, shall return possession all, but not less than all, of the Premises Equipment by delivering it to Landlord such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in good conditionthe same condition as when delivered to Lessee, except for ordinary reasonable wear and teartear excepted, and except in a condition which will permit Lessor to be eligible for casualty damage Manufacturer's standard maintenance contract without incurring any expense to repair or other conditions that Tenant rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is not required received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to remedy under this Lease. Prior to the expiration such missing or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal damaged items and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of this Lease (unless clearly inapplicable)Maintainability from the Manufacturer of the Equipment, except which letter shall state that the Monthly Rent Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of the lease shall be double automatically extended for a term of 3 months. Thereafter, the Monthly Rent payable term of the lease will be extended for the last subsequent full month immediately preceding periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating the holdoverlease. No holdover or Such termination will take effect upon completion of all Lessee's obligations under the lease (including 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 all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverlease).
Appears in 1 contract
Sources: Master Lease Agreement (Ligand Pharmaceuticals Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall (i) return possession of the Premises to Landlord in good conditiona condition substantially similar to the condition when received by Tenant, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, and (ii) Tenant shall remove have removed from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage occurring during the Term caused by any marking, painting, drilling into or defacement of the Building or any part of the Premises, or resulting from the removal of such removal personal property installed by Tenant or its assignees or subtenants, and Tenant shall restore the Property to good order and condition, normal wear and tear excepted. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, excluding Tenant Improvements, Tenant shall pay Landlord all resulting damages the commercially reasonable costs incurred by Landlord may sufferin restoring the Premises to such condition.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, TenantT▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent for of any holdover period shall be double equal to the Monthly sum of (i) 150% of the monthly Minimum Annual Rent payable for the last full month immediately preceding the holdoverholdover and (ii) Tenant’s Share of Operating Expenses for such month. 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 otherwisePremises. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the legal and equitable remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Savara Inc)
Surrender. (a) On Upon the date on which expiration of this Lease expires Sublease, or terminates, Tenant shall return upon the termination of the Sublease or of the Tenant’s right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon (except as provided below), to Landlord in good conditioncondition and repair, except for ordinary reasonable wear and tear, tear and except for casualty damage or other conditions that Tenant is not required to remedy under this Leaseexcepted. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any Conditions existing because of Tenant’s personal property not removed failure to perform maintenance, repairs or replacements as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Sublease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. All Alterations in or upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant, except as otherwise provided in the Prime Lease. Tenant shall also remove any Alterations made by Tenant, which Prime Landlord may require Landlord to exerciseremove (and repair any damage caused by such removal), without obligation pursuant to provide Tenant any notice or cure period, all the terms of the remedies available to Prime Lease. If Prime Landlord in the event requires removal of any Alteration made by Tenant, or a Tenant defaultportion thereof, and Tenant does not make such removal in accordance with this Section, Landlord may remove the same (and repair any damage occasion thereby and redecorate such damaged area), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant, or warehouse the same. Tenant shall be liable for all damagespay the costs of such removal, including consequential damagesrepair, that Landlord suffers delivery and warehousing on demand. If this Sublease terminates prior to the Expiration Date as a result of a breach by Tenant then Tenant shall deliver all Furniture to Landlord in substantially the holdoversame condition as it exists on the Commencement Date, ordinary wear and tear and casualty excepted (and Tenant’s license to use the Furniture shall automatically cease), immediately upon such early termination of this Sublease. Upon the Expiration Date, absent a default hereunder, the Furniture shall become Tenant’s property and Landlord shall execute a ▇▇▇▇ of sale (without recourse, representation or warranty) in favor of Tenant to evidence such transfer of ownership.
Appears in 1 contract
Sources: Sublease (Everyday Health, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the Upon expiration or termination of this Lease, Tenant shall remove from the Property all Tenant’s personal property, furniture, trade fixtures, equipment, wiring fixtures and cabling equipment (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting “Tenant’s Property”) from such removal the Demised Premises and shall restore surrender the Property Demised Premises to Landlord, broom clean and in good order order, condition and conditionrepair, ordinary wear and tear excepted. Any If Tenant fails to remove 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 Property from the Demised Premises within five (5) days of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, then Landlord shall be entitled (but not obligated) to remove and store Tenant’s occupancy Property at Tenant’s sole cost and expense. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. In addition, if Tenant fails to remove Tenant’s Property from the Premises or storage within thirty (30) days after written notice, Landlord may deem all or any part of Tenant’s Property to be abandoned, and title to Tenant’s Property shall be deemed to be immediately vested in Landlord. No act or thing done by Landlord or Landlord’s agents or employees during the term hereof shall be deemed a surrender of the Demised Premises, save and except an agreement to accept such surrender in writing and signed by Landlord. If Tenant fails to surrender the Premises at the expiration or earlier termination of this Lease, occupancy after the termination or expiration shall be that of a tenancy at willfrom month-to-month. Tenant’s ’ s occupancy of the Premises during any holdover period the holder shall otherwise be subject to all the terms and provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant defaultLease, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as pay an amount (on a result per month basis) equal to one hundred fifty percent (150%) of the holdoverrental amount due during the month of expiration or termination. Tenant and Landlord agree that failure of the other party to insist upon strict observance of any of the terms or conditions hereof at any time shall not be deemed a waiver of its right to insist on strict observance thereafter.
Appears in 1 contract
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminateslease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a broom clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a ▇▇▇▇ of sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises and shall restore inform the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or ---------- earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable 's liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant repairs and restoration under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 1 contract
Surrender. (a) 24.01 On the date on which last day of the term of this Lease expires Lease, or terminatesupon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall return possession of quit and surrender the Demised Premises to Landlord broom clean, in good conditionorder, condition and repair except for ordinary wear and tear, tear and except for casualty damage by fire or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, insured casualty; Tenant shall remove from Tenant's property subject to the Property provisions of Article 14 hereof; and Tenant shall surrender to Landlord all furniturekeys to offices, trade fixtures, equipment, wiring lavatories and cabling (unless Landlord directs Tenant otherwise), mail boxes and all other personal property installed Building identification and parking cards possessed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer's employees.
(b) If 24.02 In the event Tenant remains in possession of the Demised Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate without the execution by Landlord and Tenant of a new lease, Tenant shall, at Landlord's option, be deemed to extend be occupying the Term or prevent Landlord Demised Premises as a tenant from immediate recovery month to month, at a monthly rental equal to one and one-half (1.5) times the fixed rent and additional rent payable during the last month of the term, subject to all of the other terms of this Lease insofar as the same are applicable to a month to month tenancy.
24.03 In the event Tenant remains in possession of the Demised Premises following the termination of this Lease and Landlord does not elect to treat Tenant as a month-to-month tenant as provided in the Section 24.02 above, Tenant hereby indemnifies and agrees to hold Landlord harmless from and against any loss, cost, liability, claim, damage, fine, penalty, and expense, including attorneys' fees and disbursements, resulting from such delay by summary proceedings or otherwise. Any provision Tenant in surrendering the Demised Premises upon the termination of this Lease as provided in this Lease to the contrary notwithstandingArticle 24, including without limitation, any holdover claims made by any succeeding tenant or prospective tenant based upon such delay. In the event Tenant remains in possession of the Demised Premises for any period of time following the Expiration Date, Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord be in the event of a Tenant default, and Tenant in addition to the rent provided in Section 24.02 hereof, Landlord shall be liable for entitled to all damages, including consequential damages, that Landlord suffers as a result of the holdoverits rights and remedies provided in this Lease.
Appears in 1 contract
Sources: Lease (Clarus Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Talk City Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) Business Days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from ▇▇▇▇▇▇▇▇'s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Americom Usa Inc)
Surrender. (a) On No later than upon the date on which this Lease expires expiration or terminatesearlier termination of the Term or Tenant's right to possession of the Premises, Tenant shall return possession of vacate and surrender the Premises to Landlord in good conditionorder and condition and in conformity with the applicable provisions of this Lease, except for ordinary wear and tearincluding without limitation Article 11. Tenant shall have no right to hold over beyond the expiration of the Term, and except for casualty damage if Tenant does not vacate as required such failure shall be deemed an Event of Default and Tenant's occupancy shall not be construed to effect or constitute anything other conditions than a tenancy at sufferance. During any period of occupancy beyond the expiration or earlier termination of the Term the amount of Rent owed by Tenant. a Landlord shall be one hundred fifty percent (150%) of the Rent that Tenant is not required to remedy would otherwise be due under this Lease, without prorating for any partial month of holdover. Prior to The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or earlier termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys' fees, incurred by Landlord as a result of such holdover. The provisions of this section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease; nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord's right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant's part to be performed. In addition, if Tenant fails to vacate and surrender the Premises as herein required, Tenant shall indemnify, defend and hold harmless Landlord from all costs, losses, expenses or liabilities incurred as a result of such failure, including without limitation, claims made by any succeeding tenant and real estate brokers' claims and reasonable attorneys' fees. At the end of the Term or sooner termination of Tenant's right to possession of the Premises, Tenant shall, at Landlord's option, remove all furniture, movable trade fixtures and equipment (including telephone security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to damage the Premises or Building and in such manner so as not to disturb other tenants in the Building. Tenant's obligation to pay Rent and to perform all other Lease obligations for the period up to and including the expiration or earlier termination of this Lease, Tenant shall remove from and the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenantsprovisions of this Article 19. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after sha11survive the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On Tenant further agrees on Expiration Date, or on the date on which sooner termination of this Lease expires or terminatesLease, Tenant shall return possession of to surrender the Premises to Landlord in good conditioncondition and repair, except for ordinary reasonable wear and teartear and damage by casualty excepted. "Good condition" shall mean that the interior walls, floors, suspended ceilings, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior carpeting within the Premises, will be cleaned to the expiration or termination same condition as existed at the commencement of this the Lease, normal wear and tear excepted. Tenant shall agrees, at its sole cost, to remove all phone and data cabling from the Property all furniture, trade fixtures, equipment, wiring suspended ceiling and cabling (unless Landlord directs Tenant otherwise)repair or replace broken ceiling tiles, and all other personal property installed by Tenant relevel the ceiling if required as a result of Tenant's cabling or its assignees or subtenantsthe removal thereof. Tenant shall repair any damage resulting from such removal and shall restore on or before the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell Expiration Date or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
within sixty (b60) If Tenant remains in possession of the Premises days after the expiration or sooner termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except provided that Tenant shall not have such additional sixty (60) day period if the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or early termination of this Lease was the result of Tenant's default), shall operate remove all its personal property and trade fixtures from the Premises, and all property and fixtures not so removed shall be deemed to extend be abandoned by Tenant. With respect to any Alterations that Tenant desires to make to the Term Premises, Tenant may make a written request of Landlord as to whether or prevent Landlord from immediate recovery of possession not Tenant shall be required to remove such Alterations upon the expiration or within sixty (60) days of the Premises by summary proceedings sooner termination of the Lease. Landlord shall promptly upon receipt of such a written request notify Tenant as to whether or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by not Tenant shall constitute a default on be required to remove such Alterations upon the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice expiration or cure period, all sooner termination of the remedies available Lease. If Landlord so notifies Tenant that such Alterations must be removed, or if Tenant has made no such written request as to any Alterations, then Landlord in may require their removal upon the event expiration or sooner termination of a Tenant default, the Lease and Tenant shall remove such Alterations as Landlord may require and shall repair and restore said Premises or such part or parts thereof before the Expiration Date at Tenant's sole cost and expense. Such repair and restoration shall include causing the Premises to be liable for brought into compliance with all damages, including consequential damages, that Landlord suffers as a result applicable building codes and laws in effect at the time of the holdoverremoval to extent such compliance is necessitated by the repair and restoration work. If the Premises are not surrendered at the Expiration Date or sooner termination of this Lease In the condition required by this paragraph, Tenant shall indemnify, defend, and hold harmless Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding tenant founded on such delay.
Appears in 1 contract
Sources: Lease Agreement (Therma Wave Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) . If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6,1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its Trade Fixtures and personal property, which personal property specifically includes all cabling installed in the Premises by Tenant (unless Tenant has received consent from Landlord that such cabling may be surrendered with and remain in the Premises), within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its Trade Fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section 38. Landlord may, at its election, retain or dispose of in any manner any of Tenant's Trade Fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such Trade Fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Trade Fixtures and personal property. Tenant shall be liable to Landlord for Landlord's reasonable costs for storing, removing and disposing of Tenant's Trade Fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in good condition, except an amount equal to 150% of the Base Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior the month immediately prior to the expiration or termination of this Leasethe Term, or the amount provided by law, whichever is greater, for the entire time Tenant thus remains in possession and Tenant shall remove be liable for, shall indemnify Landlord against and shall hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Property Premises, including without limitation, (i) any Rent in excess of 150% of Base Monthly Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment time by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovereither party.
Appears in 1 contract
Sources: Lease Agreement (Lmi Aerospace Inc)
Surrender. (a) 24.1 On the date on which Expiration Date, or upon any earlier termination of this Lease expires Lease, or terminatesupon any re-entry by Landlord upon the Demised Premises, Tenant shall return possession of quit and surrender the Demised Premises to Landlord in good conditionorder, condition and repair, except for ordinary wear and tear, tear and except for casualty such damage or other conditions that Tenant destruction as Landlord is not required to remedy repair or restore under this Lease, and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease.
24.2 Tenant agrees it shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant i-n surrendering the Demised Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Prior The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Demised Premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the Demised Premises is not surrendered to Landlord within two (2) days after the date of the expiration or sooner termination of the term of this Lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Demised Premises after expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination term of this Lease, Tenant’s occupancy a sum equal to two (2) times the average rent and additional rent which was payable per month under this Lease during the last six months of the Premises term hereof. The aforesaid obligations shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after survive the expiration or sooner termination of the term of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 1 contract
Sources: Lease (Merit Behavioral Care Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage damage, condemnation or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling and all of Tenant’s Property (unless Landlord directs Tenant otherwise), and any and all other personal property installed by Tenant or its Tenant’s assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property Premises to good order and condition. Any wiring or cabling or any of Tenant’s Property or any other personal property installed by Tenant’s assignees or subtenants not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly each monthly installment of Minimum Annual Rent shall be double 150% of the Monthly monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages arising from any holdover unless such holdover continues for more than thirty (30) days after written notice from Landlord indicating that Landlord is a party to a transaction involving all or a portion of the Premises and that Tenant may be liable for such consequential damages if Tenant fails to vacate the Premises within such thirty (30) day period. For the avoidance of doubt, (i) if Tenant receives such written notice at least thirty (30) days prior to the Expiration Date, then Tenant may be liable for consequential damages as a result of any holdover after the Expiration Date, and (ii) if Tenant receives such written notice fifteen (15) days prior to the Expiration Date, then Tenant may be liable for consequential damages as a result of the holdover only if it holds over for more than fifteen (15) days after the Expiration Date.
Appears in 1 contract
Sources: Lease Agreement (QuantumScape Corp)
Surrender. (a) On the date on which last day of the Term of this Lease expires Lease, including any extended term, or terminatesupon the sooner termination thereof, Tenant shall return possession peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, and improvements (other than Tenant's business and trade fixtures) which may be made or installed by either Landlord or Tenant upon the Leased Premises or in Common Areas shall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. On or before the last day of the Term, Tenant shall remove all business, trade fixtures, equipment and personal property from the Leased Premises and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten percent (10%) per annum from the date of such removal by Landlord, or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery of the keys to the Leased Premises to Landlord in good condition, except at the place then fixed for ordinary wear the payment of rent shall constitute surrender of the Leased Premises by Tenant and tear, and except for casualty damage or other conditions that Tenant is acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not required constitute a waiver of any rights to remedy recover damages under terms of this Lease. Prior This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the expiration or contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant shall remove then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)payment of damages, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, Landlord may remove, store, sell or otherwise dispose retain possession of such property until payment in such manner as Landlord may see fit and/or Landlord may retain full of said amounts. Said lien shall not be defeated by placing such property or sale proceeds as its propertyin storage. If Tenant does has not return possession redeemed said property within ninety (90) days after the termination of the Premises to Landlord in the condition required under this said Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration sell such property at public or termination of this Lease, private sale without further notice to Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverto Landlord.
Appears in 1 contract