Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 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 indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
Appears in 2 contracts
Sources: Sublease (Covad Communications Group Inc), Sublease (Covad Communications Group Inc)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before Upon 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 Lease Term or sooner earlier termination of this Lease, Tenant shall indemnify quit and surrender to Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including without limitationbroom 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 its personal property and any claims made property affixed to the Leased Premises or improvements, additions or alterations to the Leased Premises which Landlord directs Tenant to remove and repair any damage to the Building caused by such removal. If Tenant shall fail to remove any succeeding tenant founded on property or improvements, additions or alterations that it is obligated to remove, Landlord may cause all or any item of such delayproperty or improvements, losses additions or alteration to be removed at Tenant’s expense. Tenant hereby agrees to pay all costs and expenses of any removal and of the repair of any damage to the Leased Premises caused by such removal. On the expiration or earlier termination of this Lease, Tenant shall, in addition to the foregoing, deliver to Landlord due all keys and combinations to lost opportunities to lease to succeeding tenantslocks, safes and attorneys' fees vaults. Any and costs. All keys to all property remaining on the Leased Premises or any part thereof shall be surrendered to Landlord upon after the expiration or sooner termination of the Lease termTerm 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 survive the expiration of the Lease Term or earlier termination of this Lease.
Appears in 2 contracts
Sources: Lease (Aqua Power Systems Inc.), Lease (Dirtt Environmental Solutions LTD)
Surrender. On the Expiration Date, Tenant shallshall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon expiration or sooner the termination of --------- this Lease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant's Personal Property and perform all repairs and restoration required by the removal of any 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 same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 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 LeaseParagraph, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premisesindemnify, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenantsdefend, and hold Landlord harmless from and against all liabilities, damages, losses, costs, expenses, attorneys' fees and costs. All keys to the Premises or claims resulting from such failure, including without limitation any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termclaim for damages made by a succeeding tenant.
Appears in 2 contracts
Sources: Office Lease Agreement (Evoke Pharma Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall, upon expiration or sooner termination shall return possession of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable delivered to Tenant, except for ordinary wear and tear and damage due tear, except for Alterations not required to causes beyond be removed by Tenant by 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 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 before the expiration or sooner termination terms of this Lease, shall remove all of its personal property and trade fixtures from the Premises, and all property except for casualty damage or other conditions that Tenant is not so removed shall be deemed abandoned by Tenantrequired to remedy under this Lease. Tenant shall be liable Prior 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 indemnify remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord against loss directs Tenant otherwise), and all other personal property installed by Tenant or liability its assignees or subtenants. Tenant shall repair any damage resulting from delay such removal and shall restore the Property to the same condition as delivered to Tenant, normal wear and tear excepted. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises 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 sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the monthly installment of Minimum Annual Rent shall be (i) 125% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover for the first 1 month of such holdover period, (ii) 150% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover for the subsequent month of such holdover period, and (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 so surrendering this Lease to the Premisescontrary 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 without limitationconsequential 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 claims made by any succeeding tenant founded on prospective damages that may arise from such delayholdover, losses to Landlord due to lost opportunities to including as a result of an executed lease to succeeding tenants, and attorneys' fees and costs. All keys to for all or part of the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of after the Lease termTerm.
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, upon expiration or sooner termination shall return possession of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable good, broom-clean condition, except for ordinary wear and tear 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 repairtear, and all floors cleaned and waxed, all except for casualty damage or other conditions that Tenant is not required to the reasonable satisfaction of Landlordremedy under this Lease. Tenant shall at such time also surrender Prior 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 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 indemnify remove from the Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord against loss directs Tenant otherwise), and all other personal property installed by or liability on behalf of Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from delay such removal and shall restore the Premises to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in accordance with California law. If ▇▇▇▇▇▇ does not return possession of the Property to Landlord 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, ▇▇▇▇▇▇’s occupancy of the Premises shall be that of a month-to-month tenancy, subject to the provisions of this Lease (unless clearly inapplicable) except that the Monthly Base Rent shall be 200% of the Monthly Base Rent payable for the last full month immediately preceding the holdover and 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 so surrendering this Lease to the Premisescontrary 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 without limitationconsequential damages, any claims made by any succeeding tenant founded on such delay, losses to that Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination suffers as a result of the Lease termholdover.
Appears in 2 contracts
Sources: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall, upon expiration or sooner termination shall return possession of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable good condition, except for ordinary wear and tear 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 repairtear, and all floors cleaned and waxedexcept for casualty damage, all acts of Landlord or its Agents or other conditions that Tenant is not required to the reasonable satisfaction of Landlordremedy under this Lease. Tenant shall at such time also surrender Prior 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 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 indemnify remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord against loss directs Tenant otherwise), and all other personal property installed by Tenant or liability its assignees or subtenants. Tenant shall repair any damage resulting from delay 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 so surrendering this Lease to the Premisescontrary 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 without limitationconsequential damages, any claims made by any succeeding tenant founded on such delay, losses to that Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination suffers as a result of the Lease termholdover.
Appears in 2 contracts
Sources: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of --------- this Leasethe Term, Tenant shall surrender the Premises to Landlord in the same good condition as existed on the date Tenant originally took possession thereof (reasonable and repair, normal wear and tear and damage due to causes beyond the reasonable control of Tenant fire or other casualty excepted) , with all interior walls cleaned, all interior painted surfaces repaired and repainted in the original color, if necessary, all holes in walls repaireddamaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment servicing only serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the Premises in operating order and in good repairterms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord. Tenant shall at remove from the Premises any Alterations required to be removed pursuant to Paragraph 11, and all Tenant’s Personal Property, and repair any damage and perform any restoration work caused by such time also surrender to Landlord such alterations (to the Premises) as Landlord does not require removal. If Tenant fails to remove in accordance with Paragraph 7.6 above. any such Alterations and/or Tenant’s Personal Property, on or before and such failure continues after the expiration or sooner termination of this Lease, shall remove all of its personal Landlord may retain such property and trade fixtures from the Premisesall rights of Tenant with respect to it shall cease, and or Landlord may place all or any portion of such property not so removed shall be deemed abandoned by in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment Alterations and Tenant’s Personal Property and storage and transportation costs of Tenantsame, or and the cost of any alterations Tenant fails to remove if so required by Landlordrepairing and restoring the Premises, together with interest at the cost of returning the Premises to its condition as of Interest Rate from the date Tenant originally took possession thereof, and the transportation and storage costs of such itemsexpenditure by Landlord. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, including without limitationfor the purposes of this Lease, any claims made by any succeeding tenant founded on such delayshall be construed to mean wear and tear caused to the Premises, losses to Landlord due to lost opportunities to lease to succeeding tenantsthe expected and permitted use of the Premises, by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and attorneys' fees and costs. All keys janitorial practices to the Premises extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or any part thereof shall be surrendered deferred maintenance which would have or should have been attended to Landlord upon expiration or sooner termination during the Term of the Lease termLease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this Lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 2 contracts
Sources: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of --------- this LeaseLease or upon the exercise by Landlord of Landlord’s right to re-enter the Premises without terminating this Lease in the event of Tenant’s default as provided in Section 12.1 and 12.2 (b), ▇▇▇▇▇▇ will surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof received or as subsequently improved by Landlord or Tenant, except for (reasonable i) ordinary wear and tear and (ii) damage due by fire, earthquake, acts of God or the elements, and will deliver to causes beyond Landlord all keys for the reasonable control of Tenant excepted) with all interior walls cleaned, all interior painted surfaces repainted Premises and combinations to safes located in the original colorPremises. Tenant will, if necessaryat Landlord’s option, all holes in walls repairedremove, all carpets shampooed and cleanedor cause to be removed, all HVAC equipment servicing only from the Premises in operating order or the Building, at Tenant’s expense and in good repair, and all floors cleaned and waxed, all to the reasonable satisfaction as 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 Expiration Date or before the expiration or sooner earlier termination of this Lease, shall remove all signs, notices, displays, millwork, non-movable trade fixtures, or, at the option of its personal property and trade fixtures from the PremisesLandlord, and all property not so removed which shall be deemed abandoned determined at the time Tenant requests such leasehold improvements any leasehold improvements placed in the Premises by or at the request of Tenant. Tenant shall be liable agrees to Landlord for costs repair, at ▇▇▇▇▇▇’s expense, any damage to the Premises or any other part of the Project resulting from the removal of any such abandoned articles of personal property, movable business or trade fixtures fixtures, machinery, equipment, furniture, movable partitions or equipment of Tenant, or of any alterations tenant improvements except those Tenant fails to remove if so required by Landlord, together with the cost of returning Improvements placed on the Premises by Landlord as an inducement 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 enter into this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, any claims made repairing the floor and patching and painting the walls where required by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costsLandlord. All keys to Tenant’s obligations under this Section 7.4 will survive the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner earlier termination of this Lease. If Tenant fails to remove any item of property permitted or required to be removed at the expiration or earlier termination of the Term, Landlord, may, upon five (5) business days prior written notice to Tenant, at Landlord’s option, (a) remove such property from the Premises at the expense of Tenant place such property in storage at the expense of Tenant. Any property of Tenant remaining in the Premises thirty (30) days after the Expiration Date or earlier termination of this Lease termwill be deemed to have been abandoned by Tenant.
Appears in 2 contracts
Sources: Office Building Lease, Office Building Lease (HII Technologies, Inc.)
Surrender. Section 16.1. Tenant shall, on the last day of the Term, or upon expiration or the sooner termination of --------- this Leasethe Term, quit and surrender the Premises to Landlord the Property vacant, free of all equipment, furniture and other movable personal property of Tenant, and in the same condition as existed on the date Tenant originally took possession thereof (good order and condition, reasonable wear and tear and damage due to causes beyond casualty (subject to the reasonable control provisions of Tenant Article 7) or condemnation (subject to the provisions of Article 8) 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 all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to Landlord such alterations (to the Premises) as Landlord does not require cause Tenant to remove pursuant to and in accordance with Paragraph 7.6 aboveSection 5.8 hereof. Tenant, on or before 's obligation to observe and perform this covenant shall survive the expiration or sooner 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 remove all of its personal property and trade fixtures from the Premises, and all property not so removed Lease shall be deemed abandoned by Tenantapportioned to the date of termination.
Section 16.3. Tenant shall acknowledges that possession of the Property must be liable surrendered 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 the Term of this Lease, . Tenant shall 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 PremisesProperty, including including, without limitation, any claims made by any succeeding tenant founded on such failure or delay, losses . The parties recognize and agree that the damage to Landlord due resulting from any failure by Tenant to lost opportunities to lease to succeeding tenantstimely 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 attorneys' fees and costswill be impossible to accurately measure. All keys to Tenant therefore agrees that if possession of the Premises or any part thereof shall be Property is not surrendered to Landlord upon the expiration or sooner termination of the Term of this Lease, then Tenant shall pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Property after the expiration or sooner termination of the Term of this Lease, in addition to any sums payable pursuant to the foregoing indemnity, one hundred fifty percent (150%) of the Fixed Rent and Additional Rent which was payable under this Lease termwith respect to the last month of the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Property after the expiration or sooner termination of the Term of this Lease. If Tenant holds over in possession after the expiration or termination of the Term of the Lease, such holding over shall not be deemed to extend the Term or renew this Lease, but the tenancy thereafter shall continue as a tenancy from month to month upon the terms and conditions of this Lease at the Fixed Rent and Additional Rent as herein increased. Tenant hereby knowingly and voluntarily waives the benefit of any law or statute or equitable right in effect in the state where the Property is located which would contravene or limit the provisions set forth in this Section 16.3. This provision shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Infocrossing Inc), Lease Agreement (Infocrossing Inc)
Surrender. Tenant shall, upon expiration or sooner termination On the last day of --------- the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord and all improvements thereon in the same condition as existed on at the date Tenant originally took possession thereof (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 damage due to causes beyond fixtures which may be made or installed by either Landlord or Tenant upon the reasonable control Leased Premises, shall remain the property of Tenant excepted) Landlord and shall remain upon and be surrendered with all interior walls cleanedthe Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Lease, whether by the elapse of time or otherwise, all interior painted surfaces repainted in without compensation or credit to Tenant. Any personal property not removed by Tenant shall be deemed abandoned and shall become the original colorproperty of Landlord; provided, if necessarythat the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, all holes in walls repairedon demand, all carpets shampooed and cleanedthe cost of removal thereof, all HVAC equipment servicing only with interest at the Premises in operating order and in good repair, and all floors cleaned and waxed, all prime interest rate established by U.S. Bank National Association or its successors or assigns. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the reasonable satisfaction Leased Premises shall constitute surrender of Landlordthe premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Tenant Such acceptance by Landlord shall at such time also not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to Landlord such alterations (all other methods of surrender. Anything in this section to the Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenantcontrary notwithstanding, on or before the expiration or sooner at any termination of this Lease, Landlord shall remove have a lien upon all of its personal the property and trade fixtures of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the Premisespayment of damages, and all Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not so removed shall be deemed abandoned defeated by Tenantplacing such property in storage. If Tenant shall be liable has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or and shall apply in a reasonable manner determined by Landlord the proceeds of any alterations sale to reduce the amounts then owed from 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 indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
Appears in 2 contracts
Sources: Lease Agreement (Mentor Corp /Mn/), Lease Agreement (Mentor Corp /Mn/)
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of this --------- this Lease, Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the same condition as existed on the date Tenant originally took possession thereof (reasonable Commencement Date, normal wear and tear and damage due to causes beyond the reasonable control of Tenant by fire or other casualty excepted) , with all interior walls cleaned, all interior painted surfaces repainted in the original color, repaired if necessary, all holes in walls repaireddamaged, all carpets shampooed and cleanedvacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment servicing only the Premises in operating order serviced and in good repairrepaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender remove from the Premises all Tenant's personal property and all of Tenant's alterations required to Landlord such alterations (be removed pursuant to Section 5E, and restore the Premises) as Landlord does not require Premises to its condition prior to their installation. If Tenant fails to remove in accordance with Paragraph 7.6 above. any alterations and/or Tenant's personal property, on or before and such failure continues after the expiration or sooner termination of this Lease, shall remove all Landlord may retain or dispose of its personal such property and trade fixtures from the Premisesall rights of Tenant with respect to it shall cease, and or Landlord may place all or any portion of such property not so removed shall be deemed abandoned by in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment alterations and Tenant's personal property and storage and transportation costs of Tenantsame, or and the cost of any alterations Tenant fails to remove if so required by Landlordrepairing and restoring the Premises, together with interest at the cost of returning the Premises to its condition as of Interest Rate from the date Tenant originally took possession thereof, and the transportation and storage costs of such itemsexpenditure by Landlord. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord against all loss or liability liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
Appears in 2 contracts
Sources: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies Inc)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before the expiration or sooner earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a janitorial clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall remove all abandon, vacate or surrender the Leased Premises, or be dispossessed by process of its law or otherwise, any personal property and trade fixtures from belonging to Tenant and left in the Premises, and all property not so removed Leased Premises shall be deemed abandoned by Tenant. Tenant and, at Landlord’s option, title shall be liable pass to Landlord for under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs of removal of any incurred by Landlord in connection with such abandoned trade fixtures or equipment of Tenantremoval, or of any alterations Tenant fails to remove if so required by Landlord, together with including reasonable storage costs and the cost of returning repairing any damage to the Premises to its condition as Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within fifteen (15) days after receipt of the date Tenant originally took possession thereof, and the transportation and storage costs of such itemsLandlord’s statement. If the Premises are not so surrendered at Upon the expiration or sooner earlier termination of this Lease, Tenant shall surrender to Landlord all keys to the Leased Premises and shall inform Landlord of the combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 13.1 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay, losses . Tenant shall give written notice to Landlord due at least thirty (30) days prior to lost opportunities 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 lease give such notice or to succeeding tenantsparticipate in such joint inspection, and attorneys' fees and costs. All keys to Landlord’s inspection at or after Tenant’s vacation of the Leased Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination conclusively deemed correct for purposes of the Lease termdetermining Tenant’s liability for repairs and restoration hereunder.
Appears in 2 contracts
Sources: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of --------- this Leasethe Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the same condition as existed on the date Tenant originally took possession thereof (reasonable Delivery Date, normal wear and tear tear, fire or other casualty, condemnation, Hazardous Materials (other than those released or emitted by Tenant, its agents, employees or invitees) and damage due to causes beyond the reasonable control of Tenant repairs that are Landlord's responsibility under this Lease, excepted) , with all interior walls repaired and repainted if damaged, all carpets and floors cleaned, all interior painted surfaces repainted in the original colorbroken, if necessarymarred or nonconforming acoustical ceiling tiles replaced with matching tiles, all holes interior sides of windows washed, the plumbing and electrical systems and lighting in walls repairedgood order and repair, all carpets shampooed including replacement of any burned out or broken light bulbs or ballasts, and cleaned, all the HVAC equipment servicing only the Premises in operating order serviced and in good repair, repaired by a reputable and all floors cleaned and waxedlicensed service firm, all to the reasonable satisfaction of Landlord. Tenant shall at remove from the Premises any alterations, additions or improvements required to be removed pursuant to Paragraph 11, and all Tenant's Personal Property, and repair any damage and perform any restoration work caused by such time also surrender to Landlord such alterations (to the Premises) as Landlord does not require removal. If Tenant fails to remove in accordance with Paragraph 7.6 above. any such alterations, additions or improvements and/or Tenant's Personal Property, on or before and such failure continues after the expiration or sooner termination of this Lease, shall remove all of its personal Landlord may retain such property and trade fixtures from the Premisesall rights of Tenant with respect to it shall cease, and or Landlord may place all or any portion of such property not so removed shall be deemed abandoned by in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures alterations, additions or equipment improvements and Tenant's Personal Property and storage and transportation costs of Tenantsame, or and the cost of any alterations Tenant fails to remove if so required by Landlordrepairing and restoring the Premises, together with interest at the cost of returning the Premises to its condition as of Interest Rate from the date Tenant originally took possession thereof, and the transportation and storage costs of such items. expenditure by Landlord: If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord and its Agents against all loss or liability liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, including without limitationfor the purposes of this Lease, any claims made by any succeeding tenant founded on such delay, losses shall be construed to Landlord due to lost opportunities to lease to succeeding tenants, mean wear and attorneys' fees and costs. All keys tear caused to the Premises by a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this lease. It is not intended, nor shall it be construed, to include items of neglected or any part thereof shall be surrendered deferred maintenance which would have or should have been attended to Landlord upon expiration or sooner termination during the Term of the Lease termif the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this lease, Landlord shall have the option of terminating all existing subleases or accepting any sublease(s) as a direct lease or leases.
Appears in 2 contracts
Sources: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of --------- this LeaseLease for any reason, Tenant shall surrender the Premises to Landlord in the same its condition existing as existed on of the date Tenant originally took Landlord delivers possession thereof (reasonable of the Premises to Tenant, normal wear and tear and damage due to causes beyond the reasonable control of Tenant by fire or other casualty excepted) , with all interior walls cleaned, all interior painted surfaces repaired and repainted in the original color, if necessary, all holes in walls repairedmarked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment servicing only the Premises in operating order serviced and in good repairrepaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant's trade fixtures, furniture, moveable equipment and other personal property, and any Alterations which Landlord elects to be removed pursuant to Section 5.3, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by the installation or removal of any of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's election: (a) conveyed such time also surrender property to Landlord without compensation or (b) abandoned such alterations (property, and Landlord may dispose of or store any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to the Premises) as Landlord does not require claim from Tenant all expenses arising out of Tenant's failure to remove in accordance with Paragraph 7.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the Premisesproperty, and all without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property not so removed shall be deemed abandoned by Tenant. abandoned, Tenant shall be liable to Landlord for the costs of of: (i) removal of any such abandoned trade fixtures Alterations or equipment personal property, (ii) storage, transportation, and disposition of Tenantthe same, or and (iii) repair and restoration of any alterations Tenant fails to remove if so required by Landlordthe Premises, together with interest thereon at the cost of returning the Premises to its condition as of Interest Rate from 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 indemnify Landlord against loss or liability resulting from delay expenditure by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termLandlord.
Appears in 2 contracts
Sources: Lease (Trimble Navigation LTD /Ca/), Lease Agreement (Trimble Navigation LTD /Ca/)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before At 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 other termination of this Lease, Tenant shall indemnify (i) remove all Tenant’s goods and effects, but including only those fixtures, furnishings and articles of personal property which are not any part of the heating, ventilation, air conditioning, electric or plumbing systems not approved in advance for removal by Landlord against from the Premises and repair all damage caused by such removal, (ii) at Landlord’s election under Section 11 above remove Landlord-designated articles and fixtures added to the Premises by Tenant, and (iii) restore the Premises to its condition at the Term Commencement Date, or such better condition as the Premises may have thereafter been placed, reasonable wear and damage by insured casualty loss or liability resulting from delay only excepted. Notwithstanding the foregoing, Tenant shall not be required to make any structural changes to the Building to accomplish the foregoing unless the same has been made by Tenant with Landlord’s consent. Title to all fixtures and additions required by this Lease to remain at the Premises at the end of the Term shall vest in so surrendering Landlord free from any claim by Tenant or any party claiming through Tenant. At termination of this Lease, Tenant shall deliver to Landlord full possession of the Premises, including and all keys and locks thereto, in the condition required above. In the event of Tenant’s failure to remove any of Tenant’s property from the Premises, same shall be considered to have been abandoned by Tenant (and its subtenants), and Landlord is hereby authorized, without limitationliability to Tenant for loss or damage thereto, and at the sole risk and expense of Tenant, to (a) remove and store any of that property at Tenant’s expense, or (b) retain Tenant’s property under Landlord’s control, or (c) without further accounting to Tenant, sell at public or private sale, without notice, any claims made by any succeeding tenant founded on or all of Tenant’s property not so removed and to apply the net proceeds of such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys sale to the Premises payment of any sum due from Tenant hereunder, or any part thereof shall be surrendered (d) to Landlord upon expiration otherwise remove, discard or sooner termination of the Lease termdestroy such property, without liability or accounting to Tenant or its subtenants.
Appears in 2 contracts
Surrender. Tenant shall(a) Subject to the provisions of Section 5.7 hereof, upon expiration on the Term Expiration Date (or sooner earlier termination of --------- this Lease), Tenant shall quit and surrender possession of the Leased Premises to Landlord in the same broom clean condition and as good order and condition as existed they were in on the date Tenant originally took possession thereof (Term Commencement Date, reasonable wear and tear tear, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, invitees and licensees excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Leased Premises, and shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to causes beyond Landlord from Tenant under any of the reasonable control terms of this Lease; and fourth, the balance, if any, to Tenant.
(b) In addition, on the Term Expiration Date (or earlier termination of this Lease), Tenant excepted) with all interior walls cleanedshall remove, at its sole cost and expense, all interior painted surfaces repainted of Tenant’s telecommunications lines and cabling installed by Tenant, including, without limitation, any such lines and cabling installed in the original colorplenum or risers of the Building in compliance with the National Electrical Code (collectively, if necessary“Wires”) and repair all damage caused thereby and restore the Leased Premises or the Building, all holes in walls repairedas the case may be, all carpets shampooed and cleaned, all HVAC equipment servicing only the Premises in operating order and in good repair, and all floors cleaned and waxed, all to their condition existing prior to the reasonable satisfaction installation of the Wires (“Wire Restoration Work”). Landlord, at its option, may perform such Wire Restoration Work at Tenant’s sole cost and expense. In the event that Tenant fails to perform the Wire Restoration Work or refuses to pay all costs of the Wire Restoration Work (if performed by Landlord) within ten (10) days of Tenant’s receipt of Landlord. Tenant shall at ’s notice requesting ▇▇▇▇▇▇’s reimbursement for or payment of such time also surrender costs or otherwise fails to comply with the provisions of this Section, Landlord such alterations (may apply all or any portion of the Security Deposit toward the payment of any costs or expenses relative to the PremisesWire Restoration Work or Tenant’s obligations under this Section. The retention or application of such Security Deposit (if any) as by Landlord pursuant to this Section does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, constitute a limitation on or before waiver of Landlord’s right to seek further remedy under law or equity. The provisions of this Section shall survive 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 indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
Appears in 2 contracts
Sources: Office Building Lease (Marqeta, Inc.), Office Building Lease (Marqeta, Inc.)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant Sublessee 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 before the expiration or sooner other termination of this Lease, shall Sublease remove all of its personal property Sublessee’s goods and trade fixtures effects from the PremisesSubleased Premises including, without limitation, any furniture, fixtures, cabling and other equipment added to the Subleased Premises by Sublessee, 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 otherwise restore the cost of returning the Subleased Premises to its condition as of the date Tenant originally took possession thereofSublease Commencement Date, or such better condition as the Subleased Premises may have thereafter been placed by Sublessee, ordinary wear and tear 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 at the transportation sole risk of Sublessee, to remove and storage costs store any of the property at Sublessee’s expense, or to retain same under Sublessor’s control or to sell at public or private sale, without notice, any or all of the property not so removed, or to assign such rights to Prime Landlord, and to apply the net proceeds of such itemssale to the payment of any sum due hereunder, or to destroy such property. If In the event of such failure to vacate the Subleased Premises are not so surrendered 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 Section shall survive the expiration or sooner earlier termination of this Lease, Tenant shall indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termSublease.
Appears in 2 contracts
Sources: Sublease (Flex Pharma, Inc.), Sublease (Flex Pharma, Inc.)
Surrender. Tenant shallagrees on the last day of the Lease Term, upon expiration or on the sooner termination of --------- this Lease, to surrender the Premises promptly and peaceably to Landlord in the same good condition as existed on the date Tenant originally took possession thereof and repair (reasonable damage by Acts of God and normal wear and tear and damage due to causes beyond the reasonable control of Tenant excepted) with ), including without limitation: all interior walls cleaned, ; all interior painted surfaces repainted in the original color, if necessary, all holes in walls repairedtile floors cleaned, all carpets shampooed cleaned and cleanedshampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all HVAC equipment servicing only alterations, additions, and improvements which may have been made in, to, or on the Premises in operating order (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and in good repairconfiguration as when the Premises was delivered to Tenant, and all floors cleaned and waxedif Landlord shall so desire, all then Tenant shall so restore said Premises or such part(s) thereof prior to the reasonable satisfaction termination of Landlordthis Lease at Tenant’s sole cost and expense. 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. Tenantshall, on or before the expiration termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term 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, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All whether consisting of the acceptance of the keys to the Premises Premises, or any part thereof otherwise, shall be surrendered deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord upon as Landlord may elect. After the expiration or sooner earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease termfrom the real property containing the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)
Surrender. Tenant Subtenant shall, upon expiration on or sooner termination before the Expiration Date, remove all personal property, furniture, trade fixtures and other equipment,provided that the removal of --------- this the same does not adversely affect the Building structure or any Building operating system or is not prohibited by the Master Lease, surrender and that Subtenantpromptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event that Subtenantfails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the Premises after the Expiration Date shall be deemed abandoned and Sublandlordmay dispose of such items as it sees fit, without liability to Landlord Subtenant. Subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Master Lease installed by Subtenant pursuant to this Sublease and shall be responsible for any associated repair or restoration of the Premises required under the Master Lease. In all other respects, Subtenant shall deliver the Premises broom clean, in the same its condition as existed on of the date Tenant originally took possession thereof (Commencement Date, reasonable wear and tear and damage due casualty excepted. In no event shall Subtenantremove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to causes beyond the reasonable control this Section 4.2. Subtenant shall vacate and deliver possession 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 repairfree of all liens, charges or encumbrances resulting from any act or omission on Subtenant’spart, and free and clear of any and all floors cleaned violations of any law, rule or regulation of any federal, state, municipal or other agency or authority by reason of Subtenant’s actions or failures to fulfill any of its obligations under this Sublease (“Violations”). Subtenantshall indemnify Sublandlord against any and waxedall loss, all to the reasonable satisfaction expense, damage, costs or attorneys’ fees arising out of Landlord. Tenant shall at such Violations occurring any 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 before after the expiration Commencement Date. The voluntary or sooner termination other surrender of this LeaseSublease by Subtenant,or a mutual cancellation thereof, shall remove not automatically terminate any sub-subleases or sub-subtenancies or other agreements by which Subtenant has granted rights to third parties to all or any part of its personal property and trade fixtures from the Premises, and but shall, at the option of Sublandlord,either (1) terminate all property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs of removal of or any existing sub-subleases or sub-subtenancies or such abandoned trade fixtures or equipment of Tenantother agreements, or of (2) operate as an assignment to Sublandlordof 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 or all such items. If the Premises are not so surrendered at the expiration sub-subleases or sooner termination of this Lease, Tenant shall indemnify Landlord against loss sub-subtenancies 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termother agreements.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (Titan Corp)
Surrender. 36.1. No surrender of possession of any part of the Demised Premises shall release Tenant from any of its obligations hereunder unless accepted by Landlord.
36.2. The voluntary or other surrender of this Lease by Tenant shall not work a merger, unless Landlord consents and shall, upon expiration at the option of Landlord, operate as an assignment to it of any or sooner termination all subleases or subtenancies.
36.3. The voluntary or other surrender of --------- any ground or underlying lease that now exists or may hereafter be executed affecting the Building, or a mutual cancellation, thereof, or of Landlord's interest therein, shall not work a merger and shall, at the option of the successor of Landlord's interest in the Building, operate as an assignment of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 all floors cleaned and waxed, all to the reasonable satisfaction of Landlord.
36.4. 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 before Upon 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 earlier termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering surrender the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses Demised Premises to Landlord due to lost opportunities to lease to succeeding tenants, broom clean and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination free of debris; with all of the "Existing Tenant Fixtures" (defined below) in place, in good working order and repair, but with all of Tenant's other personal property and effects removed therefrom; with all alterations, improvements and fixtures required by Landlord pursuant to this Lease termto be removed from the Demised Premises (including any portion of the Existing Tenant Fixtures Landlord may designate) actually removed and all damage as a result of or caused by such removal repaired (all at the sole cost and expense of Tenant); and with all licenses, permits and similar items which restrict or affect the used of the Demised Premises released and fully terminated.
36.5. As used in the Lease, "Existing Tenant Fixtures" means all of the personal property and fixtures listed on Exhibit "F" to this Lease.
Appears in 1 contract
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender At the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 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 end 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 term of this Lease, Tenant shall indemnify Leased Space surrender the Leased space to Landlord, together with all alterations, additions and improvements thereto, in broom clean condition and in good order and repair except for ordinary wear and tear and damage for which Tenant is not obligated to make repairs under this Lease. Subject to Paragraph 9 hereof and if Tenant is not then in default under any of the terms hereof, Tenant shall have the right at the end of the term hereof to remove any equipment, furniture, trade fixtures or other personal property placed in the Leased Space by Tenant, provided that Tenant promptly repairs any damage to the Leased Space caused by such removal. Tenant shall repair all damage to the Leased Space caused by such removal and restore the Leased Space to the condition in which it was prior to the installation of the items so removed. Tenant shall surrender the Leased Space to Landlord against loss at the end of the term hereof, without notice of any kind, and Tenant waives all right to any such notice as may be provided under any laws now or liability resulting from delay by hereafter in effect in Pennsylvania. If Tenant shall fail to remove any of its equipment, furniture, trade fixtures or other personal property, Landlord may remove and store the same at the expense of Tenant or sell the same on behalf of Tenant at public or private sale in so surrendering such manner as is commercially reasonable, with any proceeds thereof to be first applied to the Premisescosts and expenses, including without limitationattorney's fees, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termstorage and sale and the payment of any amounts owed hereunder by the Tenant.
Appears in 1 contract
Sources: Lease (Antares Pharma Inc /Mn/)
Surrender. Tenant shall, upon The LESSEE shall at the expiration or sooner other termination of --------- this Lease, Lease peaceably give up and surrender the Leased Premises without the requirement of any notice. Further, the LESSEE shall surrender carpeting, any electrical meters, alarm systems, and all fixtures and work (including partitions) in any way built-in or otherwise attached to Landlord the Leased Premises, as property of LESSOR, except such trade fixtures and work LESSOR shall direct LESSEE to remove or which LESSEE may remove without causing damages, losses, claims or injuries to persons or property. LESSEE shall restore and repair all damages, losses, and injuries to persons and property including the Premises, and LESSEE shall indemnify, save and hold LESSOR harmless from any and all losses, claims, liabilities, damages, injuries to persons or property, real or personal, and expenses arising from any removal of personal property; which sums shall be paid by LESSEE as Additional Rent. LESSEE shall remove all LESSEE’S good and effects from the Leased Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises). LESSEE shall deliver to the LESSOR the Leased Premises in a good and broom clean condition (ready for future occupancy or the same condition as existed on next Lessee), shall deliver all keys and locks thereto and other fixtures connected therewith and all alterations and additions made to or upon the date Tenant originally took possession thereof (Leased Premises, damage by fire or other casualty and reasonable wear and tear and damage due to causes beyond only excepted. In the reasonable control event 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 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 LESSEE’S failure to remove in accordance with Paragraph 7.6 above. Tenant, on or before the expiration or sooner termination any of this Lease, shall remove all of its personal LESSEE’S property and trade fixtures from the Premises, LESSOR is hereby authorized without the liability to LESSEE for loss and damage thereto, and at the sole risk of LESSEE, to remove and store any of the property at LESSEE’S expense, or to retain same under LESSOR’S control or to sell at public or private sale, without notice of any or all of the property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable and to Landlord for costs apply the net proceeds of removal such sale to the payment of any such abandoned trade fixtures or equipment of Tenantsum due hereunder, 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 destroy such itemsproperty. If the LESSEE fails to surrender, vacate and deliver-up the Premises are not so surrendered either after a default, agreement, judgment for possession or at the expiration or sooner termination Lease Termination Date then LESSEE shall pay LESSOR Rent equal to one and half (1 1⁄2) times the Rent in effect at the time of this Lease, Tenant shall indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to holdover until the date that LESSEE completely vacates the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termtogether with all costs, expenses, consequential damages and reasonable attorneys’ fees incurred by LESSOR.
Appears in 1 contract
Surrender. Tenant shallagrees on the last day of the Lease Term, upon expiration or promptly following any sooner termination of --------- this Leasetermination, to surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (received by Tenant, reasonable wear and tear tear, acts of God, casualties, condemnation, Hazardous Materials as defined in Paragraph 17 hereof (other than those stored, used, generated, or disposed of by Tenant, its employees, agents, contractors and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleaned, all interior painted surfaces repainted invitees in the original color, if necessary, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment servicing only or about the Premises in operating order and violation of "Law" as defined in good repairParagraph 11), and Alterations as defined in Paragraph 10 made by Tenant which Landlord has indicated that Tenant shall not be required to remove, excepted. Tenant agrees to provide plans and connection diagrams complete with termination and initiation points for all floors cleaned phone and waxedcommunication connections, including but not limited to, network connections and labeling systems for all wiring and cabling of Tenant which is to remain in the reasonable satisfaction Premises at the end of Landlordthe Lease Term. Tenant shall at such time also surrender to ascertain from Landlord such alterations (to the Premiseswithin one hundred twenty ( 120 ) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on or days before the expiration Expiration Date (or promptly following any sooner termination of this Lease) whether Landlord will require Tenant to remove any Alternations made by Tenant at the Premises; If Landlord shall so require, then Tenant shall remove such Alterations as Landlord may designate and shall repair any damage to the Premises occasioned by the removal before the Expiration Date or promptly following any sooner ---------------- *** Material has been omitted pursuant to a request for confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934. Such material has been filed separately with the Commission. termination at Tenant's sole cost and expense. On or before the end of the Lease Term or promptly following any sooner termination, Tenant shall remove all of its personal property and trade fixtures from form the Premises, and all property and fixtures not so removed shall be deemed to be 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 end of the Lease Term or sooner termination of this LeaseLease in the condition required by this paragraph, Tenant shall indemnify indemnify, defend and hold harmless Landlord against loss or liability resulting from delay by Tenant in so surrendering the PremisesPremises including, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
Appears in 1 contract
Sources: Lease Agreement (Packeteer Inc)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before On 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 Term or sooner earlier termination of this Lease, Tenant shall indemnify at Tenant's own cost, (a) promptly and peaceably surrender the Leased Premises to Landlord against loss "broom clean," in good order and condition, (b) repair any damage to the Building caused by or liability resulting in connection with the removal of any property from delay the Leased Premises by Tenant or at the direction of Tenant, (c) repair, patch and paint in so surrendering a good and workmanlike manner satisfactorily to Landlord all holes and other marks in the floors, walls and ceilings of the Leased Premises, including without limitationand, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All (d) deliver all keys to the Leased Premises to Landlord. Before surrendering the Leased Premises, Tenant shall at Tenant's sole cost, remove Tenant's movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by Landlord, remain in the Leased Premises as the property of Landlord without prior written consent if such removal will impair the structure of the Building or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall take a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Ann. (or any replacement provisio▇). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Leased Premises by Tenant or by Landlord for Tenant, and to restore the Leased Premises to their condition at the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed from the Leased Premises on the abandonment of the Leased Premises or on the expiration of the Term or earlier termination of this lease for any part thereof cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. No surrender of Leased Premises shall be surrendered to Landlord upon expiration or sooner termination effected by Landlord's acceptance of the keys or of the rent or by any other reasons without Landlord's written acknowledgements of such acceptance as a surrender. Tenant shall not be released from Tenant's obligations under this Lease termin connection with surrender of the Leased Premises until Landlord has inspected the Leased Premises and delivered to tenant a written release.
Appears in 1 contract
Sources: Lease Agreement (Wordcruncher Internet Technologies)
Surrender. Tenant shall, upon Upon the expiration of the Term or sooner earlier termination of --------- this LeaseTenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as existed on received, subject to any Alterations or Installations permitted by Landlord to remain in the date Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by Tenant originally took possession thereof or Tenant’s agents, employees and invitees (reasonable collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and damage due to causes beyond the reasonable control of Tenant casualty loss and condemnation covered by Sections 18 and 19 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 all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such alterations (access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the Premises) as Landlord does not require Tenant to remove cost of replacing such lost access card or key or the cost of reprogramming the access security system in accordance with Paragraph 7.6 abovewhich such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property Alterations and trade fixtures from the Premises, and all 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 shall be liable to waives all claims against Landlord for costs any damages resulting from Landlord’s retention and/or disposition of removal such property. All obligations 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 hereunder not fully performed as of the date termination of the Term, including the obligations of Tenant originally took possession thereofunder Section 30 hereof, and the transportation and storage costs of such items. If the Premises are not so surrendered at shall survive the expiration or sooner earlier termination of this Leasethe Term, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premisesincluding, including without limitation, any claims made by any succeeding tenant founded on such delayindemnity obligations, losses payment obligations with respect to Landlord due to lost opportunities to lease to succeeding tenants, Rent and attorneys' fees obligations concerning the condition and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination repair of the Lease termPremises.
Appears in 1 contract
Sources: Lease Agreement (Bluebird Bio, Inc.)
Surrender. Tenant shall, upon expiration or sooner Upon termination of --------- this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable received ordinary wear and tear tear, casualty loss and damage due condemnation covered by Paragraphs 15 and 16 excepted (and without any obligation to causes beyond deliver the reasonable control of Tenant exceptedHVAC systems in working condition unless replaced by Tenant) 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 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 otherwise in accordance with Paragraph 7.6 aboverequirements set forth in herein. Without limiting the foregoing, Tenant shall remove any odor which may exist in the Premises resulting from Tenant’s occupancy of the Premises upon the termination of the Lease Term or earlier termination of Tenant’s right of possession. Any Trade Fixtures, on 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. Without limiting Tenant’s obligations under the Lease, Tenant acknowledges that it shall have the affirmative obligation to remove all racking and floor striping from the Premises by or before the expiration or sooner earlier termination of this the Lease Term and shall clean all resulting holes and shall fill the same with epoxy flush to the floor’s surface. Additionally, without limiting Tenant’s obligations under the Lease, Tenant acknowledges that it shall remove have the affirmative obligation to cause all office, warehouse, emergency and exit lights to be fully operational with all bulbs and ballasts functioning; all truck doors, service doors, roll up doors and dock levelers serviced and placed in good operating order (including replacement of its personal property any dented truck door panels and trade fixtures adjustment of door tension to insure proper operation, with all door panels that have been replaced painted to match the building standard); dock seals/dock bumpers to be free of tears and broken backboards; all structural steel columns in the warehouse and office to be inspected for damage, with repairs of this nature pre-approved by Landlord prior to implementation; sheetrock (drywall) damage to be patched and fire-taped so that there are no holes in either office or warehouse; walls, carpet and vinyl tiles to be in a clean condition without any holes or chips in them (Landlord will accept normal wear on these items provided they appear to be in a maintained condition); any Tenant-installed equipment to be removed from the Premisesroof and roof penetrations properly repaired by licensed roofing contractor approved by Landlord; all exterior signs to be removed and holes patched and paint touched-up as necessary; and all electrical and plumbing equipment to be returned in good condition and repair and conforming to code. Any Trade Fixtures, Tenant-Made Alterations required to be removed by Tenant pursuant to this Lease and all property not so removed within ten (10) days of the expiration or earlier termination of this Lease shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant. ’s expense, and Tenant shall be liable to waives all claims against Landlord for costs any damages resulting from Landlord’s retention and disposition of such property. The foregoing shall not be construed to limit Landlord’s other remedies in connection with Tenant’s failure to meet its removal and surrender obligations under this Lease. Upon Tenant’s request prior to the expiration or termination of any such abandoned trade fixtures or equipment the Lease Term, Landlord shall conduct an inspection 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 identify for Tenant any Tenant maintenance, repair or replacement obligations to the extent they are visually identifiable by Landlord during such inspection. All obligations of Tenant hereunder not fully performed 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 the Lease Term shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering survive the Premisestermination of the Lease Term, including without limitation, any claims made by any succeeding tenant founded on such delayindemnity obligations, losses payment obligations with respect to Landlord due to lost opportunities to lease to succeeding tenants, Operating Expenses and attorneys' fees all obligations concerning the condition and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination repair of the Lease termPremises.
Appears in 1 contract
Surrender. On the Expiration Date, Tenant shallshall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above) in a first class and clean condition, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon expiration or sooner the termination of --------- this Lease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the removal of any 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 same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 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 LeaseParagraph, Tenant shall indemnify indemnify, defend, and hold Landlord harmless from and against loss or liability all liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims resulting from delay by Tenant in so surrendering the Premisessuch failure, including without limitation, limitation any claims claim for damages made by any a succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termtenant.
Appears in 1 contract
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of --------- this Lease, whether by forfeiture, lapse of time, or otherwise, or upon the termination of Tenant’s right to possession of the Premises, Tenant will at once surrender and deliver up the Premises Premises, to Landlord in the same good and broom-clean condition as existed on the date Tenant originally took possession thereof (and repair, reasonable wear and tear and damage due to causes beyond the reasonable control of loss by fire or other casualty excepted. All Tenant excepted) with all interior walls cleanedAdditions will, 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 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 before following the expiration or sooner termination of this Lease, remain in the Premises as Landlord’s property unless Landlord directs Tenant to 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 other personal property 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 Landlord. Tenant shall repair any damage 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 relieve Tenant of its obligations hereunder including without limitation, Tenant’s obligation to repair said damage even if the damage is caused by said lessor or its contractors or agents. Tenant shall remove all of its personal property and trade fixtures from the Premises, and all property Hazardous Materials. Any Trade Fixtures or Tenant Additions not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention or disposal of same. Moreover, any period following the termination or expiration of this Lease during which there is Hazardous Material, Tenant Alterations or Trade Fixtures which are not removed as herein required shall be considered a holdover by Tenant and, in addition to all other remedies available to Landlord hereunder, shall obligate Tenant to the increased rental payments pursuant to Section 27.2. Tenant shall be liable entitled to Landlord no payment or offset for costs of removal the value of any such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove property (even if so required sold by Landlord, together ) and shall pay on demand all costs incurred by Landlord in connection 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 itemsremoval or disposal. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.No retention,
Appears in 1 contract
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before Upon the expiration or sooner other termination of the Term, or termination of Tenant’s right to possession of the Premises, Tenant will immediately vacate and surrender possession of the Premises, in good order, repair and condition, except for ordinary wear and tear, any portion of the Premises for which Landlord is responsible for repair and maintenance under the terms of this Lease, shall remove all and casualty damage governed by Section 10. Upon the expiration or other termination of its personal property and trade fixtures from the Term, or termination of Tenant’s right to possession of the Premises, Tenant agrees to remove (a) all Tenant Alterations (other than the Leasehold Improvements) the removal of which Landlord requested or approved according to Section 7.1 at the time Landlord consented to their installation, and (b) all property not so removed shall be deemed abandoned Specialized Tenant Improvements which Tenant designated for removal according to Paragraph 20 of Exhibit B, (c) all of Tenant’s trade fixtures, office furniture, office equipment and other personal property, and (d) any other specialized tenant improvements installed by and paid for by Tenant, as identified and mutually agreed to in writing by Landlord and Tenant prior to installation. Tenant shall be liable will repair any damage to Landlord for costs of the Premises, Buildings and/or Project caused by the installation or removal of any such abandoned trade fixtures or equipment of Tenantitems or, or of any alterations if Tenant fails to remove if so required by Landlordmake sure repairs within a reasonable time, together with Landlord may, at its option, make sure repairs and Tenant will reimburse Landlord for the reasonable cost of returning such repair following receipt of demand and reasonable back-up. Notwithstanding the Premises foregoing, (i) except pursuant to its condition as the express provisions of this Lease (including, without limitation, Sections 10.1, 12.2(b) and Section 29), Tenant may not unilaterally terminate this Lease prior to the expiration of the date Term and (ii) Tenant originally took possession thereof, and the transportation and storage costs of such items. If the Premises are not so surrendered will be responsible for removing all Telecom Equipment installed by or at Tenant’s request at the expiration or sooner earlier termination of the Term, or termination of Tenant’s right to possession of the Premises, in accordance with Section 26.6 below. Any of Tenant’s property remaining in the Premises after the expiration or earlier termination of the Term, or termination of Tenant’s right to possession of the Premises, will be conclusively deemed to have been abandoned by Tenant and may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord without notice or obligation to account to or compensate Tenant, and Tenant will pay Landlord on demand all reasonable costs incurred by Landlord relating to such abandoned property, including the cost to remove or demolish such property. Tenant’s obligations under this Section 15.1 will survive the expiration or early termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay Lease and no surrender of possession of the Premises by Tenant in so surrendering will limit Tenant’s liability under this Lease. No act or thing done by Landlord or Landlord’s agents during the Term of this Lease will be deemed an acceptance of a surrender of the Premises, including without limitation, any claims made unless in writing signed by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costsLandlord. All The delivery of the keys to the Premises an employee or any part thereof shall be surrendered to agent of Landlord upon expiration or sooner will not operate as a termination of this Lease or a surrender of the Lease termPremises.
Appears in 1 contract
Sources: Lease Agreement (Exelixis, Inc.)
Surrender. Tenant shall, upon expiration or sooner termination On the last day of --------- the Term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord and all improvements thereon in the same condition as existed on at the date Tenant originally took possession thereof (commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleaned. All alterations, 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 repairadditions, and all floors cleaned improvements other than business and waxedtrade fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises or in common areas including business and trade fixtures installed by Tenant pursuant to Section 3.5, all to shall remain the reasonable satisfaction property of Landlord. Tenant Landlord and shall remain upon and be surrendered without disturbance, molestation or injury 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 before termination of the expiration or sooner termination Term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Tenant shall remove all of its equipment and personal property and trade fixtures from shall repair any damage occasioned by such removal. Tenant may elect to surrender any chemical fume hoods installed and considered in fair condition at the time of surrender within the Leased Premises, and all . Any personal property not so removed by Tenant shall be deemed abandoned by Tenant. and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall be liable to Landlord for costs pay Landlord, on demand, the cost of removal thereof, with interest at the rate of any ten (10%) percent per annum from the date of such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if so required removal by Landlord, together with or the cost prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord at the place then fixed for the payment of returning the Premises to its condition as rent of the date keys to the Leased Premises shall constitute surrender of the premises by Tenant originally took possession thereof, and acceptance of the transportation and storage costs keys by Landlord shall constitute acceptance by Landlord of such itemssurrender. If the Premises are Such acceptance by Landlord shall not so surrendered at the expiration or sooner termination constitute a waiver of any rights to recover damages under terms of this Lease, Tenant . This method of surrender shall indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, not be exclusive and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered in addition to Landlord upon expiration or sooner termination all other methods of the Lease termsurrender.
Appears in 1 contract
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of --------- this Lease, Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant excepted) with thereof, including, but not limited to, 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 all floors cleaned cleaned, waxed, and waxedfree of any Tenant-introduced marking or painting, all to the reasonable satisfaction of Landlord. Tenant shall at such time also not commit or allow any waste or damage to be committed on any portion of the Premises or Building. All property that Tenant is required to surrender to Landlord such alterations (to shall become Landlord's property upon the Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all . Landlord may cause any of its said personal property and trade fixtures that is not removed 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 Premises within thirty (30) days after the date 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 LeaseLease to be removed from the Premises and store at Tenant's expense, Tenant or at Landlord's election said personal property thereafter shall indemnify 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, losses belong to Landlord due without the payment of any consideration, subject to lost opportunities to lease to succeeding tenants, and attorneys' fees and coststhe rights of any person holding a perfected security interest therein. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termTerm. 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 failure to give such notice or participate in such joint inspection, Landlord's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant's responsibility for repairs and restoration.
Appears in 1 contract
Sources: Lease (Circuit Research Labs Inc)
Surrender. Tenant Sublessee shall, upon expiration or sooner the termination of --------- this Sublease and in accordance with all of the terms of this Sublease and the Lease, vacate and surrender the Premises to Landlord Sublessor in the same condition required pursuant to the Lease. Sublessee acknowledges that Sublessee shall be solely responsible for any and all restoration obligations with respect to the Premises imposed upon Sublessor as existed tenant under the Lease. Sublessee’s obligation to observe or perform this covenant shall survive the Expiration Date or such other date of earlier termination of this Sublease. Any personal property owned by Sublessee, if any, which shall remain on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before after the expiration or sooner early termination of this LeaseSublease and the removal of Sublessee from the Premises may, at the option of Sublessor, be deemed to have been abandoned by Sublessee, In such event, Sublessor shall remove all of its have the right to either retain such personal property as its sole property or to remove and trade fixtures from dispose of such personal property without accountability at the Premisesexpense of Sublessee, and all property not so removed shall be deemed abandoned by Tenantas Sublessor sees fit. 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 If Sublessee fails to remove if so required by Landlord, together with the cost of returning any property or restore the Premises as required hereunder or to its condition as of repair any damage caused by any such removal and/or restoration . required hereunder, then Sublessor may so remove, restore, or repair the date Tenant originally took possession thereof, same and the transportation Sublessee shall reimburse Sublessor for all reasonable and storage necessary costs of such itemsSublessor incurs therefrom. If the Premises are not so surrendered at upon the expiration Expiration Date or sooner such other date of earlier termination of this LeaseSublease in accordance with the terms hereof, Tenant Sublessee shall and does hereby indemnify Landlord against loss and hold Sublessor harmless from any claims or liability resulting from delay by Tenant in so surrendering demands which may arise out of Sublessee’s continued occupancy of the Premises, including without limitation, all direct damages of Sublessor (including all sums Sublessor is required to pay under the terms of the Lease) and any claims made by any succeeding tenant founded on such delay, losses liability accruing to Landlord due to lost opportunities to lease to succeeding tenants, Lessor under the Lease and attorneys' all attorney’s fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination costs associated with recovering possession of the Lease termPremises.
Appears in 1 contract
Surrender. Tenant shall11.1 On the Expiration Date, or upon expiration or sooner the earlier termination of --------- the Sublease or of Subtenant’s right to possession of the Premises, Subtenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Sublandlord in good condition and repair, reasonable wear and tear excepted; conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and tear;” conditions existing because of Master Landlord’s or Sublandlord’s failure to perform maintenance, repairs, or replacements as required under this Sublease or the Master Lease shall not be the responsibility of Subtenant under this Section 11.1. Subtenant shall surrender to Sublandlord all keys to the Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Premises.
11.2 In the event that Subtenant remains in possession of the Premises (pursuant to Subtenant’s notice as provided in Section 3.1 herein) commencing the date following the Expiration Date, Subtenant will not be required to remove any Alterations made in the Premises prior to the Expiration Date so long as Subtenant provides to Sublandlord, thirty (30) days prior to the Expiration Date, written consent of both Overlandlord and Master Landlord that neither Sublandlord or Subtenant shall not be required to remove any such Alterations and a release by Master Landlord in favor of Sublandlord for any restoration and surrender obligations of Sublandlord pursuant to the terms of the Master Lease. Sublandlord agrees to cooperate with Subtenant to assist Subtenant in obtaining such release of Sublandlord and any consents required of Master Landlord and Overlandlord in respect of surrender of the space by Sublandlord at the end of the Master Lease term with all Alterations and all Master Lease improvements in place. In the event Subtenant does not provide Sublandlord notice of lease with Overlandlord pursuant to Section 3.1, surrender if Subtenant performs any Alterations in the Premises, Subtenant shall be obligated to remove such Alterations and restore the Premises to the condition existing as of the date of delivery of the Premises to Subtenant (including the commencement of any Early Entry Period). All or a part of the Alterations, if any, permitted to remain by Sublandlord’s written consent at the end of the Term in or upon the Premises made by Subtenant shall become a part of and shall remain upon the Premises upon such termination or expiration of this Sublease without compensation, allowance or credit to Subtenant. Said right shall be exercisable by Sublandlord’s giving written notice thereof to Subtenant not less than twenty (20) days prior to such Expiration Date or more than twenty (20) days after any earlier termination. Subtenant shall repair any damage occasioned by such removal or restoration. If Sublandlord or Master Landlord requires removal of any Alteration made by Subtenant, or a portion thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, warehouse the same. Subtenant shall pay the costs of such removal, repair and warehousing on demand.
11.3 As between Sublandlord and Subtenant, Subtenant shall not be required to remove any alterations performed by Sublandlord or any other party prior to the date of delivery of the Premises (including the commencement of any Early Entry Period) or to restore the Premises to their condition prior to Sublandlord’s making of such alterations.
11.4 On the Expiration Date, or upon the earlier termination of the Sublease or of Subtenant’s right to possession of the Premises, Subtenant shall remove Subtenant’s articles of personal property and fixtures incident to Subtenant’s business (“Subtenant’s Property”); provided, however that Subtenant 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 existed on prior to the date Tenant originally took possession thereof (reasonable wear and tear 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 installation thereof. If Subtenant does not remove Subtenant’s Property from the Premises in operating order and in good repair, and 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 before the expiration Expiration Date or sooner the earlier termination of this LeaseSublease, shall Sublandlord may, at its option, remove all of its personal property the same (and trade fixtures from repair any damage occasioned thereby and restore the PremisesPremises as aforesaid) and dispose thereof or warehouse the same, and all property not so removed Subtenant 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 pay the cost of returning the Premises such removal, repair, restoration or warehousing to its condition Sublandlord on demand, or Sublandlord may treat said Subtenant’s Property as having been conveyed to Sublandlord with this Sublease acting as a ▇▇▇▇ of the date Tenant originally took possession thereofsale therefor, and the transportation and storage costs of such items. If the Premises are not so surrendered at the expiration without further payment or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay credit by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses Sublandlord to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termSubtenant.
Appears in 1 contract
Surrender. Tenant shall, upon expiration or sooner Upon the termination of --------- this LeaseLease whether by forfeiture, lapse of time or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises Building and the Premises, together with all improvements thereon, to Landlord Landlord, broom clean, in the same good order, condition as existed on the date Tenant originally took possession thereof (and repair, reasonable wear and tear excepted. "Broom clean" means free from all debris, dirt, rubbish, equipment, and personal property of Tenant, both inside the Building and on the grounds comprising the Premises. Any damage due to causes beyond caused by the reasonable control removal 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 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 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 including any damages caused by removal of Tenant's equipment, shall be deemed abandoned repaired and paid for by TenantTenant prior to the expiration of the Term of this Lease. Tenant shall be liable to Landlord for costs of removal of In the event any such abandoned trade fixtures improvements, fixtures, or equipment of Tenant, or of any alterations which Tenant fails is required to remove if so required hereunder are not removed by Landlord, together with Tenant at the cost of returning the Premises to its condition as time of the date Tenant originally took possession thereof, and expiration of the transportation and storage costs of such items. If the Premises are not so surrendered at the expiration or sooner termination Term of this Lease, Tenant shall indemnify pay an allocated rent which is based on the area of the Premise which is unavailable to Landlord against loss as a result of such improvements, fixtures, and equipment until such improvements, fixtures or liability resulting from delay equipment are removed. Any holding over by Tenant of the Premises after the expiration of the Term of this Lease shall operate and be construed to be a tenancy from month-to-month only, at double the monthly rate of rent and other charges payable hereunder for the Lease Term. Nothing contained in so surrendering this Paragraph 23 shall be construed to give Tenant the Premisesright to hold over at any time, including without limitation, and Landlord may exercise any claims made and all remedies at law or in equity to recover possession of the Premises as well as any damages incurred by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities Tenant's failure to lease vacate the Premises and deliver possession to succeeding tenantsLandlord as herein provided. In the event Landlord consents to Tenant's holdover in writing prior to the commencement of such holdover, Tenant shall be considered to be a month-to-month Tenant and all of the terms, covenants, and attorneys' fees and costs. All keys conditions of this Lease including the rent to the Premises or any part thereof be paid by Tenant shall be surrendered to Landlord upon expiration or sooner termination of the Lease termremain unchanged for such tenancy.
Appears in 1 contract
Sources: Building Lease (Sonic Foundry Inc)
Surrender. Tenant shall, upon expiration or sooner termination On the last day of --------- the Term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord and all improvements thereon in the same condition as existed on at the date Tenant originally took possession thereof (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 damage due to causes beyond improvements (other than Tenant’s business and trade fixtures) which may be made or installed by either Landlord or Tenant upon the reasonable control Leased Premises. Common Areas shall remain the property of Tenant excepted) with all interior walls cleanedLandlord and shall remain upon and be surrendered, all interior painted surfaces repainted in without disturbance, molestation or injury at the original color, if necessary, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment servicing only termination of the Premises in operating order and in good repair, and 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 before the expiration or sooner termination 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 of its equipment and personal property and trade fixtures from the Premises, Leased Premises and all shall repair any damage occasioned by such removal. Any personal property not so removed by Tenant shall be deemed abandoned by Tenant. and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall be liable to Landlord for costs pay Landlord, on demand, the cost of removal thereof with interest at the rate of any ten (10%) percent per annum from the date of such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if so required removal by Landlord, together with or the cost prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord at the place then fixed for the payment of returning the Premises to its condition as rent of the date keys to the Leased Premises shall constitute surrender of the premises by Tenant originally took possession thereof, and acceptance of the transportation and storage costs keys by Landlord shall constitute acceptance by Landlord of such itemssurrender. If the Premises are Such acceptance by Landlord shall not so surrendered at the expiration or sooner termination constitute a waiver of any rights to recover damages under terms of this Lease, Tenant . This method of surrender shall indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, not be exclusive and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered in addition to Landlord upon expiration or sooner termination all other methods of the Lease termsurrender.
Appears in 1 contract
Sources: Lease Agreement (Cellular Dynamics International, Inc.)
Surrender. Tenant shall, upon expiration or sooner At the termination of --------- this Leasethe Lease Term, Tenant shall peaceably surrender the Premises to Landlord clean and in the same condition as existed on the date Tenant originally took possession thereof (good order, repair and condition, and in conformance, in all material respects, with all Legal Requirements and Tenant’s repair obligations, reasonable wear and tear and damage due by fire or casualty or taking and Landlord’s repair obligations excepted and 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 all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender deliver 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 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 indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof thereof. Any alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall be surrendered become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Lease termTerm, at which time title shall pass to Landlord under this Lease as if by a ▇▇▇▇ of sale, unless Landlord elects otherwise and notifies Tenant to remove any such tenant improvements at any time prior to the expiration of the Lease Term as set forth below. If Landlord elects for Tenant to remove any or all of such tenant improvements, Landlord shall notify Tenant in writing no later than thirty (30) days prior to the expiration of the Lease Term as to which tenant improvements are to be removed prior to the expiration or termination of the Lease. If Landlord fails to so notify Tenant, Tenant shall have no obligation to remove such tenant improvements and restore the Premises as a result of such removal. Notwithstanding the foregoing, any and all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, data lines, inventory and business equipment (“Personal Property”) shall remain Tenant’s property and shall be removed by Tenant at the expiration or earlier termination of this Lease. Upon demand by Landlord and in accordance with the terms set forth above, Tenant shall remove, at Tenant’s sole cost and expense, forthwith and with all due diligence (but in any event prior to the expiration or earlier termination of the Lease Term), any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises or the Building Complex caused by such removal. In the event Tenant fails so to remove any Personal Property or any such alterations, additions and improvements or fails to repair any such damage to the Premises or the Building Complex caused thereby, Landlord may do so and collect from Tenant the cost of such removal and repair in accordance with this Section 7.8.
Appears in 1 contract
Surrender. Tenant shall, upon Upon the expiration or sooner other termination of --------- this Leasethe Term, Tenant will immediately vacate and surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 good order, repair and condition, except for ordinary wear and tear. Upon the expiration or other termination of the Term, Tenant agrees to remove (a) all changes, additions and improvements to the Premises the removal of which Landlord requested or approved according to Section 7.1 at the time Landlord consented to their installation, (b) any security system installed on extended pursuant to Section 5.4(b); (c) all of Tenant’s Specialized Equipment (as defined in good repairSection 7.1), and (d) all floors cleaned of Tenant’s trade fixtures, office furniture, office equipment and waxed, all to the reasonable satisfaction of Landlordother personal property. Tenant shall at such time also surrender to will pay Landlord such alterations (on demand the cost of repairing any damage to the Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on Building and/or Project caused by the installation or 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 Tenantitems. Notwithstanding the foregoing, or of any alterations (i) Tenant fails may not unilaterally terminate this Lease prior to remove if so required by Landlord, together with the cost of returning the Premises to its condition as expiration of the date Term and (ii) Tenant originally took possession thereof, and the transportation and storage costs of such items. If the Premises are not so surrendered will be responsible for removing all Telecom Equipment at the expiration or sooner earlier termination of the Term in accordance with Section 26.9 below. Any of Tenant’s property remaining in the Premises after the expiration or earlier termination of the Term will be conclusively deemed to have been abandoned by Tenant and may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord without notice or obligation to account to or compensate Tenant, and Tenant will pay Landlord on demand all costs incurred by Landlord relating to such abandoned property. Tenant’s obligations under this Section 15.1 will survive the expiration or early termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay Lease and no surrender of possession of the Premises by Tenant in so surrendering will limit Tenant’s liability under this Lease. No act or thing done by Landlord or Landlord’s agents during the Term of this Lease will be deemed an acceptance of a surrender of the Premises, including without limitation, any claims made unless in writing signed by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costsLandlord. All The delivery of the keys to the Premises an employee or any part thereof shall be surrendered to agent of Landlord upon expiration or sooner will not operate as a termination of this Lease or a surrender of the Lease termPremises.
Appears in 1 contract
Sources: Lease Agreement (Singulex Inc)
Surrender. (a) On or before October 1, 2011 (the “Surrendered Premises Expiration Date”), Tenant shall, upon expiration or sooner termination of --------- this Lease, shall surrender the portion of the Premises to Landlord located on the 12th floor of the Building as shown diagonally-hatched on Exhibit A attached hereto (the “Surrendered Premises”) as if the Surrendered Premises Expiration Date was originally set forth in the same condition Lease as existed on the date Tenant originally took possession thereof (reasonable wear and tear and damage due to causes beyond “Expiration Date” for 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 all floors cleaned and waxed, all to the reasonable satisfaction of LandlordSurrendered Premises. Tenant shall at such time also surrender continue to Landlord such alterations observe and perform all of its covenants and obligations under the Lease (including, without limitation, the obligation to pay Fixed Rent and Additional Rent (including, without limitation, Tenant’s Labor Rate Payment)) with respect to the Premises) as Landlord does not require Surrendered Premises until the occurrence of the Surrendered Premises Expiration Date. Tenant to remove shall surrender the Surrendered Premises strictly in accordance with Paragraph 7.6 abovethe provisions of the Lease, including, without limitation, Section 20.1 of the Lease. Time shall be of the essence with respect to Tenant, ’s obligation to surrender the Surrendered Premises on or before the expiration Surrendered Premises Expiration Date. In the event Tenant remains in possession of all or sooner termination a portion of the Surrendered Premises after the Surrendered Premises Expiration Date, Landlord shall be entitled to all rights and remedies available pursuant to the Lease (including, without limitation, Section 20.2 of the Lease), at law or in equity.
(b) From and after the date that Tenant actually surrenders possession of the Surrendered Premises in accordance with the provisions of the Lease (as amended by this LeaseAgreement) (the “Actual Surrender Date”), (i) the term “Premises” wherever used in the Lease shall remove all of its personal property and trade fixtures from be deemed to exclude the Surrendered Premises, and all property not so removed (ii) Tenant’s monetary obligations under the Lease with respect to the Surrendered Premises shall be deemed abandoned by released; provided, that Tenant. Tenant shall be liable ’s liability to Landlord for costs of removal of pay Fixed Rent and Additional Rent, and any such abandoned trade fixtures and all other payments, sums or equipment of Tenant, charges due or of any alterations Tenant fails to remove if so required by Landlord, together become due with respect to the cost of returning Surrendered Premises pursuant to the Premises to its condition as terms of the date Tenant originally took possession thereofLease (as amended by this Agreement), and the transportation and storage costs of such items. If the Premises are not so surrendered at the expiration or sooner termination of this Leaseincluding, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, any claims made holdover rent payable by any succeeding tenant founded Tenant with respect to the Surrendered Premises, apportioned through and including the Actual Surrender Date, shall survive the Actual Surrender Date and shall be due and payable by Tenant within ten (10) Business Days following written demand by Landlord.
(c) Landlord is currently holding Letter of Credit No. 61652972 issued by Citibank, N.A. on such delaySeptember 25, losses 2006, in an aggregate amount available for drawing equal to Landlord due $1,725,000.00 (the “Existing Letter of Credit”). Following the Actual Surrender Date, Tenant shall be entitled to lost opportunities a reduction in the aggregate amount available for drawing under the Existing Letter of Credit from $1,725,000.00 to lease $800,000.00 (and no other changes to succeeding tenantsthe Existing Letter of Credit), and attorneys' fees and costs. All keys to the Premises or any part thereof Landlord shall be surrendered to Landlord upon expiration or sooner termination of the Lease termreasonably cooperate with Tenant in connection with obtaining such reduction as soon as practicable.
Appears in 1 contract
Sources: Lease (Abovenet Inc)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before Upon 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 earlier termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by repair any damage to and restore the condition of the Premises in accordance with Section 13.2. Tenant in so surrendering 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. Tenant shall further patch and fill all holes within the Premises. All penetrations of the roof shall be resealed to a water tight condition. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any claims made by 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 succeeding tenant founded on other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring or any other aspect of any systems within the Premises, unless Landlord specifically permits or requires such delayremoval in writing. Tenant shall surrender the Premises, losses together with all keys and security codes, to Landlord due broom clean and in as good a condition as when received, ordinary wear and tear and damage by fire or casualty excepted. Conditions existing because of Tenant’s failure to lost opportunities perform maintenance, repairs or replacements shall not be deemed “reasonable wear and tear”. If Tenant fails to lease remove any of Tenant’s Property, or to succeeding tenantsrestore the Premises to the required condition, within 2 days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and attorneys' fees expense, shall be entitled (but not obligated) to remove and costsstore Tenant’s Property and/or perform such restoration of the Premises. All keys Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within 30 days after notice, Landlord may deem all or any part thereof of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall be surrendered to vest in Landlord upon expiration or sooner termination Landlord may dispose of the Lease termTenant’s Property in any manner Landlord deems appropriate.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Thorne Healthtech, Inc.)
Surrender. Tenant shall, upon expiration or sooner termination On the last day of --------- the term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord and all improvements thereon in the same condition as existed on at the date Tenant originally took possession thereof (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 damage due to causes beyond fixtures which may be made or installed by either Landlord or Tenant upon the reasonable control Leased Premises shall remain the property of Tenant excepted) Landlord and shall remain upon and be surrendered with all interior walls cleanedthe Leased Premises as a part thereof, all interior painted surfaces repainted in without disturbance, molestation or injury at the original color, if necessary, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment servicing only termination of the Premises in operating order and in good repair, and 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 before the expiration or sooner termination term of this Lease, shall whether by the elapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may, if not then in default, remove all of its personal property and (not including trade fixtures from fixtures) not attached to the Leased Premises, and all signs installed at Tenant's expense. Any property not so removed shall be deemed abandoned by Tenant. and shall become the property of Landlord; provided, that the Landlord shall have the option to effect removal of such personal property and Tenant shall be liable to Landlord for costs pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such 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 or the prime interest rate established by the Firstar Bank Madison, N.A. or its successors or assigns, whichever is higher. If, prior to surrender of the Leased Premises or within twenty (20) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall repair any damage occasioned by such removals and Tenant will pay to Landlord, on demand, the cost thereof with interest from the date of returning completion of such repairs by Landlord, a the Premises rate specified in the immediately preceding paragraph of this Lease. The delivery to its condition as Landlord at the place then fixed for the payment of rent of the date keys to the Leased Premises shall constitute surrender of the premises by Tenant originally took possession thereof, and acceptance of the transportation and storage costs keys by Landlord shall constitute acceptance by Landlord of such itemssurrender. If Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the Premises are not so surrendered contrary notwithstanding, at the expiration or sooner any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the payment of damages, and Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant to Landlord. The foregoing notwithstanding, Tenant shall indemnify Landlord against loss or liability resulting be entitled to remove property from delay by Tenant in so surrendering the PremisesLeased Premises subsequent to such termination, including without limitation, any claims made by any succeeding tenant founded on such delay, losses after written request therefor has been provided to Landlord due specifying the items to lost opportunities to lease to succeeding tenants, and attorneys' fees and costsbe removed. All keys Landlord shall allow such removal to the Premises or any part thereof extent the value of property remaining subject to Landlord's lien reasonably secures all amounts due Landlord. The rights of holders of liens superior to the lien provided for herein shall be surrendered to recognized by Landlord upon expiration or sooner termination of the Lease termconsistent with applicable laws and statutes.
Appears in 1 contract
Sources: Lease Agreement (Hagler Bailly Inc)
Surrender. Tenant shall, upon Section 25.01. Upon the expiration or sooner earlier termination of --------- the Term of this Lease, Tenant shall surrender the Demised Premises to Landlord in the same condition in which the Demised Premises were originally received from Landlord except as existed on the date Tenant originally took possession thereof (reasonable repaired, rebuilt, restored, altered or added to as permitted by any provision of this Lease and except for ordinary wear and tear 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 all floors cleaned and waxed, all to the reasonable satisfaction of Landlordby fire or other casualty. Tenant shall at remove from the Demised Premises upon 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 aboveexpiration or earlier termination, all property situated thereon which is owned by Tenant. Tenant, on or before the expiration or sooner termination of this Leaseat its cost and expense, shall remove all repair any damage to any part of its personal the Demised Premises caused by such removal. Any property and trade fixtures from the Premises, and all property of Tenant not so removed shall become the property of Landlord, which may thereafter cause such property to be deemed abandoned removed from the Demised Premises and disposed of but the cost of any such removal and disposition as well as the cost of repairing any damage caused by such removal shall be borne by Tenant. 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 Upon the expiration or sooner earlier termination of the Term, Tenant shall remove all computers and computer related and peripheral equipment (other than cabling and other related equipment that would be deemed fixtures) installed by Tenant at the Demised Premises (collectively, "Computer Equipment Removal"), and Tenant, at its cost and expense, shall repair any damage to any part of the Demised Premises caused by such Computer Equipment Removal, which damage is of a nature that exceeds that damage which would be caused by the removal of office furniture and equipment customarily maintained by Tenant at Demised Premises. In no event shall such Computer Equipment Removal require Landlord to make any non-customary alterations or repairs to the Demised Premises in order to be able to prepare or finish any portion of the Demised Premises for rental to tenants for normal office purposes. Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection with the Computer Equipment Removal if Landlord shall reasonably deem such non-customary alterations or repairs necessary or advisable. In no event shall Tenant be required to pay for improvements to the Demised Premises that are being used to prepare the space for a new tenant.
Section 25.02. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering deliver the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses Building to Landlord broom clean, except in the event such surrender is due to lost opportunities to lease to succeeding tenantsa casualty or condemnation, as provided herein. Copies of all then current maintenance and attorneys' fees service agreements and costs. All keys to the Premises or any part thereof records, warranties in effect (all of which shall be surrendered assigned to Landlord upon expiration Landlord, if such agreements or sooner termination warranties are assignable) and all plans and specifications relating to alterations of the Lease term.Improvements in Tenant's possession shall
Appears in 1 contract
Surrender. Tenant shall, upon On the expiration or sooner earlier termination of --------- this LeaseSub-Sublease, Sub-Subtenant shall surrender to Sub-Sublandlord the Sublease Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleanedany alterations or improvements installed by Sub-Subtenant, 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 broom clean and in good repaircondition (except for ordinary wear and tear, destruction to the Sublease Premises covered by Article 18 of the Master Lease and for alterations installed by Sub-Subtenant that Sub-Subtenant has the right to remove or is obligated to remove, so long as Sub-Subtenant repairs any damage to the Sublease Premises under this Paragraph or Article 15 of the Master Lease), and 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 before the expiration or sooner termination of this Lease, shall remove all of its personal property including any signs, notices and trade fixtures displays. Notwithstanding anything to the contrary contained in the foregoing sentence, Sub-Subtenant shall not be required to remove any alterations or improvements existing in the Sublease Premises (and not installed by Sub-Subtenant) on the Sub-Sublease Commencement Date. Sub-Subtenant shall perform all restoration made necessary by the removal of any of its improvements or alterations or personal property installed on or after the Sub-Sublease Commencement Date not later than the expiration of the Sub-Sublease Term. If removal of any alterations or improvements or personal property installed by Sub-Subtenant would damage the Building structure, Sub-Subtenant shall give Sub-Sublandlord, Sublandlord and Landlord prior written notice thereof, and Landlord may elect to make the removal at Sub-Subtenant's expense or otherwise require Sub-Subtenant to post security for the restoration. Sub-Sublandlord may retain or dispose of in any manner any such improvements or alterations or personal property that Sub-Subtenant does not remove from the PremisesSublease Premises on expiration or termination of this Sub-Sublease, and title to any such improvements or alterations or personal property that Sub-Sublandlord elects to retain or dispose of shall vest in Sub-Sublandlord. Sub-Subtenant waives all claims against Sub-Sublandlord for any damage or loss to Sub-Subtenant arising out of Sub-Sublandlord's retention or disposition of any such improvements, alterations or personal property not so removed shall be deemed abandoned by Tenant. Tenant and shall be liable to Landlord Sub-Sublandlord for Sub-Sublandlord's costs of removal storing, removing and disposing of any such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant items which Sub-Subtenant fails to remove if so required by Landlordremove. Sub-Subtenant shall indemnify, together with the defend and hold Sub-Sublandlord harmless from all damages, loss, 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 indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, expense (including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and reasonable attorneys' fees and court costs. All keys ) arising out of or in connection with Sub-Subtenant's failure to surrender the Sublease Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of in the Lease termcondition required by this Paragraph.
Appears in 1 contract
Sources: Sub Sublease Agreement (Etoys Inc)
Surrender. Section 16.1. Tenant shall, on the last day of the Term, or upon expiration or the sooner termination of --------- this Leasethe Term, quit and surrender the Premises to Landlord the Property vacant, free of all equipment, furniture and other movable personal property of Tenant, and in the same condition as existed on the date Tenant originally took possession thereof (good order and condition, reasonable wear and tear excepted and damage due subject to causes beyond the reasonable control provisions 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 Section 7 and cleaned, all HVAC equipment servicing only the Premises in operating order and in good repairSection 8, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to Landlord such alterations (to the Premises) as Landlord does not require cause Tenant to remove pursuant to and in accordance with Paragraph 7.6 aboveSection 5.8 hereof. Tenant, on or before ’s obligation to observe and perform this covenant shall survive the expiration or sooner 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 remove all of its personal property and trade fixtures from the Premises, and all property not so removed Lease shall be deemed abandoned by Tenantapportioned to the date of termination.
Section 16.3. Tenant shall acknowledges that possession of the Property must be liable surrendered 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 the term of this Lease, . Tenant shall 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 PremisesProperty, including including, without limitation, any claims made by any succeeding tenant founded on such failure or delay, losses . The parties recognize and agree that the damage to Landlord due resulting from any failure by Tenant to lost opportunities to lease to succeeding tenantstimely 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 attorneys' fees and costswill be impossible to accurately measure. All keys to Tenant therefore agrees that if possession of the Premises or any part thereof shall be Property is not surrendered to Landlord upon the expiration or sooner termination of the term of this Lease, then Tenant shall pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Property after the expiration or sooner termination of the Term of this Lease, in addition to any sums payable pursuant to the foregoing indemnity, one and one-half (1½) times the aggregate of the Fixed Rent and Additional Rent which was payable under this Lease termwith respect to the last month of the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Property after the expiration or sooner termination of the Term of this Lease. If Tenant holds over in possession after the expiration or termination of the Term of the Lease, such holding over shall not be deemed to extend the Term or renew this Lease, but the tenancy thereafter shall continue as a tenancy from month to month upon the terms and conditions of this Lease at the Fixed Rent and Additional Rent as herein increased. Tenant hereby knowingly and voluntarily waives the benefit of any law or statute or equitable right in effect in the state where the Property is located which would contravene or limit the provisions set forth in this Section 16.3. This provision shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before Upon the expiration or sooner termination of this LeaseSublease, Subtenant shall vacate and surrender the Subleased Premises in the same condition as received, except for normal wear and tear, damage by casualty or condemnation, and approved alterations, if any. Subtenant shall remove or cause to be removed from the Subleased Premises and Master Premises, prior to the termination date and at Subtenant's expense, all of its Subtenant's personal property property, trade fixtures, signs and trade fixtures from any alterations, additions or improvements made to the PremisesSubleased Premises by Subtenant for which Sublandlord's consent was not obtained. Subtenant shall repair all damage to the Subleased Premises and the Master Premises caused by or in connection with the removal of such articles, including, without limitation, repairing the floor and patching and painting the walls where required by Sublandlord to Sublandlord's reasonable satisfaction, 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 deliver the cost of returning the Subleased Premises to its condition as Sublandlord broom clean and free of the date Tenant originally took possession thereof, and the transportation and storage costs of such itemsdebris. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant Subtenant shall indemnify Landlord Sublandlord against any loss or liability resulting from delay by Tenant Subtenant in so surrendering the Subleased Premises, including including, without limitation, any claims made by any succeeding tenant founded on such delaydelay and the costs of removing, losses to Landlord due to lost opportunities to lease to succeeding tenants, storing and attorneys' fees and costsdisposing of any property remaining at the Subleased Premises at the termination date of this Sublease. All keys to Any property so remaining at the Subleased Premises or any part thereof shall be surrendered deemed to Landlord upon expiration have been abandoned by Subtenant and become the property of Sublandlord which Sublandlord may dispose of in any manner without any liability to Subtenant whatsoever. Sublandlord may retain any proceeds it may receive from the sale or sooner termination disposal of the Lease termsuch property.
Appears in 1 contract
Sources: Sublease Agreement (Mylex Corp)
Surrender. Tenant shallNo act by Landlord shall be an acceptance of a surrender of the Premises, upon expiration or sooner 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 --------- this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as existed received (except Tenant-Made Alterations and Tenant Improvements that are required or allowed to remain on the date Tenant originally took possession thereof (reasonable Premises pursuant to the terms of this Lease), broom clean, ordinary wear and tear and damage due to causes beyond casualty loss and condemnation covered by Paragraphs 15 and 16 excepted and otherwise in compliance with the reasonable control provisions 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 all floors cleaned and waxed, all to the reasonable satisfaction of LandlordExhibit E attached hereto. Tenant shall at such time also surrender 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 alterations (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) as Landlord does not require . If Tenant fails to remove in accordance with Paragraph 7.6 above. Tenant, on or before perform any obligation prior to the expiration or sooner earlier termination of this Lease, Landlord may, but shall remove not be obligated to, perform such obligation and Tenant shall pay Landlord all costs associated therewith, plus an administrative fee of its personal property and trade fixtures from the Premises15% of such costs, promptly upon Landlord’s delivery to Tenant of an invoice therefor, and all property not so removed any time required by Landlord to complete such obligations shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs considered a period 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, holding over and the transportation and storage costs terms of such items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant Paragraph 22 shall indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termapply.
Appears in 1 contract
Surrender. Tenant shall, upon at the expiration or sooner 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, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (excepting only reasonable wear and tear 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 all floors cleaned and waxed, all to the reasonable satisfaction of Landlordby fire or other insured casualty. Tenant shall 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 such time also surrender sufferance. During any period of occupancy beyond the expiration of the Term the amount of Rent owed to Landlord such alterations 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 Premisesspace 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 does not require or the failure or delay of Landlord in notifying Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on or before taking possession of the Premises following the expiration or sooner termination of this Leasethe 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, shall remove all including attorneys’ fees, incurred by Landlord as a result of its personal property and trade fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenantsuch holdover. Tenant shall also be liable to Landlord for costs of removal all damage which Landlord suffers because of any such abandoned trade fixtures or equipment of holding over by 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 indemnify Landlord against loss all claims made by any other tenant or liability prospective tenant against Landlord resulting from delay by Tenant Landlord in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to delivering possession of the Premises to such other tenant or any part thereof prospective tenant. The provisions of this Article 25 shall be surrendered to Landlord upon survive the expiration or sooner earlier termination of the Lease termthis Lease.
Appears in 1 contract
Sources: Lease Agreement (SolarWinds, Inc.)
Surrender. On the Expiration Date or upon the sooner termination of this Lease or upon any re-entry by Landlord, Tenant shall, upon expiration or sooner termination of --------- this Leaseat its expense, surrender quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in the same good order, condition as existed on the date Tenant originally took possession thereof (reasonable wear and repair, ordinary wear, tear and damage due by fire or other insured casualty excepted, together with all Existing Improvements and Alterations (except as otherwise provided for in this Lease). Tenant shall, at its expense, remove from the Building (a) all of Tenant's Property, (b) any internal staircases, vaults, safes, raised computer floors, computer installations, kitchens, libraries, file rooms, conveyors, dumbwaiters, specially finishes and private bathrooms and any other unusual improvements and restore the Premises to causes beyond their condition prior to the reasonable control making of such improvements and (c) any personal property of Tenant excepted) with or persons claiming through or under Tenant, and shall repair or pay the cost of repairing all interior walls cleaned, all interior painted surfaces repainted damage to the Premises and the Building occasioned by such removal. Any Tenant's Property or other personal property which shall remain in the original colorPremises after the Expiration Date or after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, if necessaryLandlord may receive and retain the proceeds of such sale and apply the same, all holes in walls repairedat its option, all carpets shampooed against the expeises of the sale, moving and cleanedstorage, all HVAC equipment servicing only arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall be the Premises in operating order and in good repair, and all floors cleaned and waxed, all to the reasonable satisfaction property of Landlord. Tenant Any expense incurred by Landlord in removing or disposing of such property shall at such time also surrender be reimbursed to Landlord such alterations (to the Premises) by Tenant as Landlord does not require Additional Rent on demand. The obligations of Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on or before under this SECTION 21.01 shall survive the expiration or sooner termination of this the 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 indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
Appears in 1 contract
Sources: Lease Agreement (Magnetek Inc)
Surrender. Tenant Subtenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before the expiration or sooner termination of the Prime Lease and/or this Sublease, remove all personal property, furniture, trade fixtures and other equipment, provided that the removal of the same does not adversely affect the Lease Premises or is not prohibited by the Prime Lease, shall and that Subtenant promptly repairs any damage to the Leased Premises caused by such removal pursuant to the requirements of the Prime Lease. In the event that Subtenant fails to remove any such items as required by this section, all of its personal property and trade fixtures from such items remaining on the Premises, and all property not so removed Leased Premises after termination shall be deemed abandoned and Tenant may dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall also be responsible for the removal, on or before termination, of all alterations as required under the Prime Lease installed by Tenant. Tenant Subtenant pursuant to this Sublease and shall be liable to Landlord responsible for costs any associated repair or restoration of removal of any such abandoned trade fixtures or equipment of Tenantthe Leased Premises required under the Prime Lease. In all other respects, or of any alterations Tenant fails to remove if so required by LandlordSubtenant shall deliver the Leased Premises broom clean, together with the cost of returning the Premises to in its condition as of the date of this Sublease reasonable wear and tear and casualty excepted. In no event shall Subtenant remove any of the plumbing, electrical, data lines, and HVAC system(s), except as otherwise required pursuant to this section 4.2. Subtenant shall vacate and deliver possession of the Leased Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’s part, and free and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other agency or authority by reason of Subtenant’s actions or failures to fulfill any of its obligations under this Prime Lease and/or this Sublease (“Violations”). Subtenant shall indemnify Tenant originally took possession against any and all loss, expense, damage, costs or attorneys’ fees arising out of Violations occurring any time on or after the date of this Sublease. The voluntary or other surrender of this Sublease by Subtenant, or a mutual cancellation thereof, and the transportation and storage costs of such items. If the Premises are shall not so surrendered at the expiration automatically terminate any sub-subleases or sooner termination of this Lease, Tenant shall indemnify Landlord against loss sub-subtenancies or liability resulting from delay other agreements by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses which Subtenant has granted rights to Landlord due third parties to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises all or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termLeased Premises, but shall, at the option of Tenant, either (1) terminate all or any existing sub-subleases or sub-subtenancies or such other agreements, or (2) operate as an assignment to Tenant of any or all such sub-subleases or sub-subtenancies or such other agreements.
Appears in 1 contract
Surrender. Tenant shall, 25.1 At the expiration of the lease term or upon expiration or sooner any earlier termination of --------- this Leaselease, Tenant shall immediately:
(a) deliver to Landlord free and clear title to the Improvements (excepting only Tenant's personal property, equipment and trade fixtures which can be, and are, removed by Tenant without permanent damage to the Premises) without any payment to Tenant or allowance of any kind whatsoever by Landlord; provided that nothing herein shall require Tenant to satisfy any obligations arising through Landlord. Landlord may examine condition of title at Tenant's cost to assure itself that the title offered is in conformity with the terms of this lease; and
(b) restore the Premises to their condition at the commencement of the lease, and repair any damage caused by removal of Tenant's personal property, equipment or trade fixtures, or Tenant's occupancy of the Premises, and quit, surrender and return possession of the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (a neat, clean, and sanitary condition, and in good working order, reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant casualty loss 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 shall deliver to Landlord all floors cleaned information documents and waxed, all tangible items necessary or convenient to the reasonable satisfaction operation 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 before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the Premises, including, without limitation, any keys, combinations to locks and all access systems, manuals and instruction booklets, warranties, receipts, bills, invoices, statements, licenses, and permits, building plans and specifications, contracts and other documents.
25.2 Any personal property not so removed shall remaining on the Premises after the expiration of the lease term may, at Landlord's option, be deemed abandoned by TenantTenant and Tenant releases Landlor▇ ▇▇▇▇ all claims and liability in connection with such personal property. Tenant Upon expiration, or if the lease is terminated prior to its normal expiration, Landlord shall be liable have the right, but not the obligation, to Landlord for costs of removal of any such abandoned trade fixtures or equipment remove all of Tenant, or of any alterations Tenant fails to remove if so required by Landlord, together with the cost of returning 's personal property from the Premises and place the same in a public warehouse at Tenant's expense and risk. Landlord shall have the right, but not the obligation, to its condition as of the date sell such stored property if it has not been claimed, and all charges for removal, packing, transport and storage paid by Tenant originally took possession thereofwithin thirty (30) days, and the transportation and storage proceeds of sale shall be applied first to the costs of such items. If sale, second to the Premises are not so surrendered at costs of removal, packing, transport and storage, third to the expiration or sooner termination payment of this Lease, Tenant shall indemnify any other sums due 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, losses to Landlord due to lost opportunities to lease to succeeding tenantsTenant, and attorneys' fees and costs. All keys to the Premises or any part thereof balance, if any, shall be surrendered paid to Landlord upon expiration or sooner termination of the Lease termTenant.
Appears in 1 contract
Sources: Lease Agreement (Foster L B Co)
Surrender. Tenant shallNo act by Landlord shall be an acceptance of a surrender of the Premises, upon expiration or sooner 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 --------- this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable received, broom clean, ordinary wear and tear and damage due casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. Tenant and Landlord shall meet thirty (30) days prior to causes beyond the reasonable control schedule expiration date 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 ▇▇▇▇▇▇▇▇’s retention and disposition of such property. All obligations of Tenant excepted) 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 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, respect to Operating Expenses and all floors cleaned obligations concerning the condition and waxed, all to the reasonable satisfaction repair of Landlord. Tenant shall at such time also surrender to Landlord such alterations (to the Premises) as Landlord does not require . If Tenant fails to remove in accordance with Paragraph 7.6 above. Tenant, on or before perform any obligation prior to the expiration or sooner earlier termination of this Lease, Landlord may, but shall remove not be obligated to, perform such obligation and Tenant shall pay Landlord all costs associated therewith, plus an administrative fee of its personal property and trade fixtures from the Premises10% of such costs, promptly upon Landlord’s delivery to Tenant of an invoice therefor, and all property not so removed any time required by Landlord to complete such obligations shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs considered a period 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, holding over and the transportation and storage costs terms of such items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant Paragraph 22 shall indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termapply.
Appears in 1 contract
Sources: Lease Agreement (AeroVironment Inc)
Surrender. Tenant shallNo act by Landlord shall be an acceptance of a surrender of the Premises, upon expiration or sooner 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 --------- this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable received, broom clean, ordinary wear and tear and damage due to causes beyond the reasonable control of Tenant casualty loss and condemnation covered by Paragraphs 15 and 16 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 all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender 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 alterations (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) as Landlord does not require . If Tenant fails to remove in accordance with Paragraph 7.6 above. Tenant, on or before perform any obligation prior to the expiration or sooner 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 remove not be obligated to, perform such obligation and Tenant shall pay Landlord all costs associated therewith, plus an administrative fee of its personal property and trade fixtures from the Premises5% 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 all property not so removed any time required by Landlord to complete such obligations shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs considered a period 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, holding over and the transportation and storage costs terms of such items. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant Paragraph 22 shall indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termapply.
Appears in 1 contract
Sources: Lease Agreement (Ziprecruiter, Inc.)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before the expiration or sooner earlier termination of this Lease, peaceably surrender the Leased Premises, including Tenant Improvements and Tenant's improvements and/or alterations installed pursuant to Article 7.2, in a janitorial clean condition and otherwise in as good condition as when Tenant, took possession, except for (i) reasonable wear and tear subsequent to the last repair replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall remove all abandon or surrender the Leased Premises, or be dispossessed by process of its law or otherwise, any personal property and trade fixtures from belonging to Tenant and left in the Premises, and all property not so removed Leased Premises shall be deemed abandoned by Tenant. Tenant and, at Landlord's option, title shall be liable pass to Landlord for under this Lease as by a bill ▇▇ sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs of removal of any incurred by Landlord in connection with such abandoned trade fixtures or equipment of Tenantremoval, or of any alterations Tenant fails to remove if so required by Landlord, together with including storage costs and the cost of returning repairing any damage to the Premises to its condition as Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within five (5) days after receipt of the date Tenant originally took possession thereof, and the transportation and storage costs of such itemsLandlord's statement. If the Premises are not so surrendered at Upon the expiration or sooner earlier termination of this Lease, Tenant shall surrender to Landlord all keys to the Leased Premises and shall inform Landlord of the combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15.2 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay, losses delay Tenant shall give written notice to Landlord due at least thirty (30) days prior to lost opportunities 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 lease give such notice or to succeeding tenantsparticipate in such joint inspection, and attorneys' fees and costs. All keys to Landlord's inspection at or after Tenant's vacation of the Leased Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination conclusively deemed correct for purposes of the Lease termdetermining Tenant's liability for repairs and restoration hereunder.
Appears in 1 contract
Sources: Office Lease (Pegasus Solutions Inc)
Surrender. 2.2.1 On or before the Termination Date, Tenant shall, upon expiration or sooner termination of --------- this Lease, shall peaceably and quietly leave the Premises and surrender the Premises to Landlord with all of the improvements, parts and surfaces thereof clean and free of debris, and in the same condition as existed on required under the date Tenant originally took possession thereof (reasonable Lease, ordinary wear and tear 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 all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender to Landlord such alterations (to not remove any demising walls or other improvements made by Tenant during the Premises) as Landlord does Term of the Lease. Any personal property of Tenant not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, removed on or before the expiration Termination Date shall be deemed to have been abandoned by Tenant and may be disposed of or sooner termination 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, shall remove all of . In the event Tenant materially breaches its personal property and trade fixtures from obligations under this Agreement or the Lease prior to vacating 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 full amount of the date Tenant originally took possession thereofRent and other charges due under the Lease, and all other losses, costs, damages, and expenses incurred by Landlord to the transportation and storage costs of extent resulting from such itemsbreach. If the Premises are not so surrendered at the expiration or sooner termination of Provided that Tenant performs all its obligations under this LeaseAgreement, Tenant shall indemnify Landlord against loss not be liable for Rent, Base Rent, Additional Rent, or liability resulting from delay by Tenant in so surrendering any other monetary or nonmonetary obligations under the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenantsLease after the Termination Date, and attorneys' fees Landlord acknowledges all Tenant’s payment obligations through the Termination Date will have been paid in full, and costs. All keys to the Premises or any part thereof Tenant shall be surrendered to Landlord upon expiration or sooner termination liable only for those covenants under the Lease that expressly survive the end of the Term of the Lease termand relate to facts and circumstances occurring prior to the Termination Date.
Appears in 1 contract
Sources: Lease Termination Agreement (Guardion Health Sciences, Inc.)
Surrender. Tenant shallNo act by Landlord shall be an acceptance of a surrender of the Premises, upon expiration or sooner 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 --------- this Leasethe Lease Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable received, broom clean, ordinary wear and tear and damage due to causes beyond the reasonable control of Tenant casualty loss and condemnation covered by Paragraphs 15 and 16 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 all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender give written notice 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 before the expiration or sooner termination of this Lease, shall remove all of its personal property intention to vacate at least thirty (30) days prior to vacating the Premises and trade fixtures from shall meet with Landlord for a joint inspection of the PremisesPremises 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 all 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 shall be liable to waives all claims against Landlord for costs any damages resulting from Landlord’s retention and disposition of removal such property. All obligations 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 hereunder not fully performed 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 the Lease Term shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering survive the Premisestermination of the Lease Term, including without limitation, any claims made by any succeeding tenant founded on such delayindemnity obligations, losses payment obligations with respect to Landlord due Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant has not fulfilled its obligations with respect to lost opportunities to lease to succeeding tenants, repairs and attorneys' fees and costs. All keys to cleanup of the Premises or any part thereof other Tenant obligations as set forth in this Lease, Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be surrendered to Landlord upon expiration or sooner termination considered a period of holding over and the Lease termterms of Paragraph 22 shall apply.
Appears in 1 contract
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before the expiration or sooner earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements and Tenant’s improvements and/or alterations installed pursuant to Article 7.1, in a janitorial clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casually, and (iii) loss by condemnation. If Tenant shall remove all abandon, vacate or surrender the Leased Premises, or be dispossessed by process of its law or otherwise, any personal property and trade fixtures from belonging to Tenant and left in the Premises, and all property not so removed Leased Premises shall be deemed abandoned by Tenant. Tenant and, at Landlord’s option, title shall be liable pass to Landlord for under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs of removal of any incurred by Landlord in connection with such abandoned trade fixtures or equipment of Tenantremoval, or of any alterations Tenant fails to remove if so required by Landlord, together with including storage costs and the cost of returning repairing any damage to the Premises to its condition as Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within five (5) days after receipt of the date Tenant originally took possession thereof, and the transportation and storage costs of such itemsLandlord’s statement. If the Premises are not so surrendered at Upon the expiration or sooner earlier termination of this Lease, Tenant shall surrender to Landlord all keys to the Leased Premises and shall inform Landlord of the combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15.2 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay, losses . Tenant shall give written notice to Landlord due at least thirty (30) days prior to lost opportunities 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 lease give such notice or to succeeding tenantsparticipate in such joint inspection, and attorneys' fees and costs. All keys to Landlord’s inspection at or after Tenant’s vacation of the Leased Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination conclusively deemed correct, unless erroneous, for purposes of the Lease termdetermining Tenant’s liability for repairs and restoration hereunder.
Appears in 1 contract
Surrender. Tenant shall, upon Upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 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 indemnify remove all Tenant’s personal property, furniture, trade fixtures and equipment (“Tenant’s Property”) from the Demised Premises and shall surrender the Demised Premises to Landlord, broom clean and in good order, condition and repair, ordinary wear and tear excepted. If Tenant fails to remove any of Tenant’s Property from the Demised Premises within five (5) days of expiration or termination of this Lease, then Landlord against loss shall be entitled (but not obligated) to remove and store Tenant’s Property at Tenant’s sole cost and expense. Landlord shall not be responsible for the value, preservation or liability resulting safekeeping of Tenant’s Property. In addition, if Tenant fails to remove Tenant’s Property from delay by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or storage within thirty (30) days after written notice, Landlord may deem all or any part thereof of Tenant’s Property to be abandoned, and title to Tenant’s Property shall be surrendered deemed to be immediately vested in Landlord. No act or thing done by Landlord upon 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 sooner earlier termination of this Lease, occupancy after the Lease termtermination or expiration shall be that of a tenancy from month-to-month. Tenant’ s occupancy of the Premises during the holder shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis) equal to one hundred fifty percent (150%) of the rental amount due during the month of expiration or termination. Tenant and Landlord agree that failure of the other party to insist upon strict observance of any of the terms or conditions hereof at any time shall not be deemed a waiver of its right to insist on strict observance thereafter.
Appears in 1 contract
Surrender. Tenant shall, upon the expiration or sooner earlier termination of --------- this Leaselease, peaceably surrender the Premises to Landlord Leased Premises, including any Tenant Improvements, in the same a broom clean condition and otherwise in as good condition as existed on the date when Tenant originally took possession thereof possession, except for (i) reasonable wear and tear and damage due subsequent 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 last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord(iii) loss by condemnation. If Tenant shall at such time also abandon, vacate or surrender to Landlord such alterations (to the Leased Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on or before the expiration be dispossessed by process of law or sooner termination of this Leaseotherwise, shall remove all of its any personal property and trade fixtures from belonging to Tenant and left in the Premises, and all property not so removed Leased Premises shall be deemed abandoned by Tenant. Tenant and, at Landlord's option, title shall be liable pass to Landlord for under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs of removal of any incurred by Landlord in connection with such abandoned trade fixtures or equipment of Tenantremoval, or of any alterations Tenant fails to remove if so required by Landlord, together with including storage costs and the cost of returning repairing any damage to the Leased Premises to its condition as and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of the date Tenant originally took possession thereof, and the transportation and storage costs of such itemsLandlord's statement. If the Premises are not so surrendered at Upon the expiration or sooner earlier termination of this Lease, Tenant shall surrender to Landlord all keys to the Leased Premises and shall inform the Landlord of the combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15 shall survive the expiration or ---------- earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay, losses . Tenant shall give written notice to Landlord due at least thirty (30) days prior to lost opportunities 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 lease give such notice or to succeeding tenantsparticipate in such joint inspection, and attorneys' fees and costs. All keys to Landlord's inspection at or after Tenant's vacation of the Leased Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination conclusively deemed correct for purposes of the Lease termdetermining Tenant's liability for repairs and restoration under this Lease.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall, upon expiration or sooner termination shall return possession of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable good condition, except for ordinary wear and tear 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 repairtear, and all floors cleaned and waxed, all except for casualty damage or other conditions that Tenant is not required to the reasonable satisfaction of Landlordremedy under this Lease. Tenant shall at such time also surrender Prior 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 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 indemnify remove from the Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord against loss directs Tenant otherwise), and all other personal property installed by Tenant or liability its assignees or subtenants. Tenant shall repair any damage resulting from delay by such removal and shall restore the Premises to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant in so surrendering does not return possession of the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses Premises to Landlord due to lost opportunities to lease to succeeding tenantsin the condition required under this Lease, and attorneys' fees and costs. All keys to Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, Tenant’s occupancy of the Premises shall be surrendered that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. 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 an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon expiration or sooner termination an Event of Default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the Lease termHoldover.
(c) During the last ninety (90) days of the Term, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Demised Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall, upon expiration or sooner termination shall return possession of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable good condition, except for ordinary wear and tear 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 repairtear, and all floors cleaned and waxed, all except for casualty damage or other conditions that Tenant is not required to the reasonable satisfaction of Landlordremedy under this Lease. Tenant shall at such time also surrender Prior 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 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 indemnify remove from the Property all furniture, trade fixtures, equipment (unless Landlord against loss and Tenant agree otherwise), and all other personal property installed by Tenant or liability its assignees or subtenants. Tenant shall repair any damage resulting from delay 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 the actual costs incurred by Landlord to remove and restore.
(b) 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 so surrendering this Lease to the Premisescontrary 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 without limitationconsequential damages, any claims made 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 any succeeding tenant founded on such delay, losses giving Landlord written notice of Tenant’s election to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys so extend the Term not less than 6 months prior to the Premises or any part thereof shall Expiration Date. If Tenant timely provides such notice, the Term will be surrendered extended for 3 months at an Annual Minimum Rent equal to Landlord upon expiration or sooner termination 150% of the Lease termAnnual Minimum Rent in effect during the last lease year of the Term.
Appears in 1 contract
Sources: Lease Agreement (Uroplasty Inc)
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of --------- this Lease, whether by forfeiture, lapse of time, or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will surrender and deliver up the Premises to Landlord in good clean order and repair and in the same condition as existed on the date when delivered to Tenant originally took possession thereof (under this Lease, reasonable ordinary wear and tear and damage due to causes beyond the reasonable control of Tenant loss by fire or other casualty 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 all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at make good and repair all damages to the Premises as shall be caused by Tenant. At such time also surrender to Landlord such alterations (time, Tenant shall deliver all keys to the Premises) as Landlord does not require , including all internal keys. All Tenant to remove in accordance with Paragraph 7.6 above. TenantAdditions will, on or before following the expiration or sooner termination of this Lease, remain in the Premises as Landlord’s property unless Landlord directs Tenant to 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) and repair and damage caused by the removal at its expense. Provided Tenant is not in default, it will remove its Trade Fixtures, inventory, and other personal property upon the Lease Term. If Tenant is in default, it shall remove all its Trade Fixtures only if specifically directed to do so in writing by Landlord. Tenant shall repair any damage to the Premises caused by the installation or removal of such Tenant Additions, Trade Fixtures, or other improvements or equipment, along with damage to the Premises caused by Tenant’s use of the Premises. Further, Tenant will repair any penetrations it has made to the walls, slab, roof or structure in a manner and to comply with the specifications imposed by Landlord along with any damage caused by such installation or removal by Tenant. Anchor bolts installed in the foundation will be cored out and filled with epoxy to the standards required by Landlord. Foundation and flooring damage caused by any use by Tenant will be repaired or replaced by Tenant. In no event will any Building Systems, fire sprinklers, fire suppression equipment, EVAP or HVAC system units, equipment or 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 in writing 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 personal property and trade fixtures ability to pay for any such damages; provided, however, no such agreement, or Landlord’s failure to obtain such an agreement, shall relieve Tenant of its obligations hereunder including without limitation, Tenant’s obligation to repair said damage. Tenant shall also properly remove all Hazardous Materials from the Premises, Premises and all property placed on the Project by Tenant. Any Trade Fixtures or Tenant Additions not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed and disposed of by Landlord at Tenant's expense, and TENANT WAIVES ALL CLAIMS AGAINST LANDLORD FOR ANY DAMAGES RESULTING FROM LANDLORD'S RETENTION OR DISPOSAL OF SAME. Tenant shall be liable entitled to Landlord no payment or offset for costs of removal the value of any such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove property (even if so required sold by Landlord) and shall pay on demand all costs incurred by Landlord in connection with such removal or disposal. No retention, together with disposal or sale of such items shall limit remedies otherwise available to Landlord hereunder for a breach by Tenant. Moreover, any period following the cost termination or expiration of returning this Lease during which there is Hazardous Material, Tenant Alterations or Trade Fixtures which are not removed as herein required or when other repairs or conditions to surrender are not completed, shall be considered a holdover by Tenant and, in addition to all other remedies available to Landlord hereunder, shall obligate Tenant to the Premises increased rental payments pursuant to its condition Paragraph 22 below. All obligations of Tenant hereunder not full performed 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 termination or expiration or sooner termination of this Lease, Tenant Lease shall indemnify Landlord against loss survive such termination 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termexpiration.
Appears in 1 contract
Sources: Lease Agreement (Precision Optics Corporation, Inc.)
Surrender. On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Tenant shall, upon expiration or sooner termination of --------- this Lease, shall peaceably surrender the Demised Premises to Landlord in the same good order, condition as existed on the date Tenant originally took possession thereof and repair (reasonable wear and tear and insured and condemnation damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleaned, all interior painted surfaces repainted ); warehouse area in the original color, if necessary, all holes in walls repaired, all carpets shampooed broomclean condition; office/restroom area vacuumed and cleaned, all HVAC equipment servicing only the Premises in operating order and in good repair, and 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 On or before the expiration Expiration Date or sooner upon termination of this LeaseLease on a day other than the Expiration Date, shall Tenant shall, at its expense, remove all of its trade fixtures, personal property and trade fixtures equipment and signs from the Premises, Demised Premises and all any property not so removed shall be deemed abandoned to have been abandoned. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring installed by Tenant. Tenant within the Demised Premises (hereinafter “Tenant Wiring”) shall be liable to removed at Tenant’s cost at the expiration of the Term, unless Landlord for costs of has specifically requested in writing that said Tenant Wiring shall remain, whereupon said Tenant Wiring shall be surrendered with the Demised Premises as Landlord’s property. Any damage caused in the removal of any such abandoned items shall be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures fixtures) which shall have been made or equipment of Tenant, installed by Landlord or of any alterations Tenant fails to remove if upon the Demised Premises and all floor covering so required by Landlord, together installed shall remain upon and be surrendered with the cost of returning the Demised Premises to its condition as of the date Tenant originally took possession a part thereof, without disturbance, molestation or injury, and the transportation and storage costs of such items. If the Premises are not so surrendered without charge, at the expiration or sooner termination of this LeaseLease except any such items identified under Article 14.0 hereof. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premisesliability, including claims, without limitation, any claims made by any succeeding tenant Tenant founded on such delay, losses . Tenant shall promptly surrender all keys for the Demised Premises to Landlord due to lost opportunities to lease to succeeding tenants, at the place then fixed for payment of rent and attorneys' fees shall inform Landlord of combinations of any locks and costs. All keys to safes on the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termDemised Premises.
Appears in 1 contract
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before 19.1 At 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 other termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering surrender the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses Premises to Landlord due to lost opportunities to lease to succeeding tenantsin 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 attorneys' fees tear and costs. All keys (other than for any Restoration required by the terms of this Lease) damage to the Premises or by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof shall be surrendered to Landlord upon at the termination or other expiration of the Term. At the expiration or sooner termination of the Term, 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 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 Landlord as a result of such expiration or earlier termination. The provisions of this Section 19.1 shall survive the termination or expiration of this Lease termfor a period of twenty-four (24) months.
19.2 Upon termination of this Lease for any reason, Tenant will return to Landlord the Premises licensed by the State of Texas and by any and all governmental agencies having jurisdiction over the Premises as a skilled nursing facility with at least the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises).
19.3 Upon the expiration or earlier termination of this Lease, Tenant shall enter into a mutually agreeable operating transition agreement (the “OTA”) with Landlord in order to provide for the orderly transition of the operation of the facility following the termination of this Lease. The OTA shall provide for a procedure for the assignment and assumption of all resident agreements, operating agreements and other agreements that Landlord elects to have assigned from Tenant. In addition, the OTA shall address the transition of licensing requirements for the Facility under all applicable Legal Requirements.
Appears in 1 contract
Sources: Lease Agreement (Cornerstone Core Properties REIT, Inc.)
Surrender. Tenant shall12.1 On the Expiration Date, or upon the earlier termination of this Sublease or of Subtenant’s right to possession of the Sublease Premises, Subtenant will at once surrender and deliver up the Sublease Premises, together with all improvements thereon, to Sublandlord in as good condition and repair as when delivered to Subtenant, reasonable wear and tear, Master Landlord’s repair obligations and casualty excepted. Conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and tear.” Subtenant shall surrender to Sublandlord all keys to the Sublease Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Sublease Premises. If Subtenant exercises its Renewal Option, as defined below, then at the expiration or sooner earlier termination of --------- the Renewal Term and upon request of Sublandlord, Subtenant shall remove the cabling installed by Sublandlord for Subtenant under this LeaseSublease and shall repair any injury or damage to the Sublease Premises which may result from such removal, surrender and restore the Sublease Premises to Landlord in the same condition as existed on prior to the date Tenant originally took possession thereof installation thereof.
12.2 All Alterations in or upon the Sublease Premises made by Subtenant and not removed or required to be removed hereunder shall become a part of and shall remain upon the Sublease Premises upon such termination without compensation, allowance or credit to Subtenant. At Sublandlord’s written request Subtenant shall restore the Sublease Premises to their condition prior to the making of such Alterations and repair any damage occasioned by such removal or restoration. Within ten (reasonable wear and tear and damage due 10) days after receipt of Subtenant’s request, Sublandlord shall advise Subtenant in writing as to causes beyond which portions of the reasonable control of Tenant excepted) with all interior walls cleanedAlteration are required to be removed hereunder. If Sublandlord advises Subtenant in writing that Subtenant is not required to remove a particular Alteration, 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 repairSubtenant shall have no obligation to remove such Alteration. If Subtenant is permitted or required to remove any Alteration or a portion thereof, and 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 Subtenant does not require Tenant to remove complete such removal in accordance with Paragraph 7.6 abovethis Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, warehouse the same. TenantSubtenant shall pay the costs of such removal, repair and warehousing on demand, plus an administrative fee equal to five percent (5%) of such costs, on demand.
12.3 Except as otherwise provided for in Section 12.1, as between Sublandlord and Subtenant, Subtenant shall not be required to remove any Alterations performed by Sublandlord prior to the Commencement Date (“Sublandlord Alterations”) or to restore the Sublease Premises to their condition prior to the making of such Sublandlord Alterations. If Sublandlord is required under the Master Lease to remove any Sublandlord Alterations performed prior to the Commencement Date, Subtenant shall permit Sublandlord to enter the Sublease Premises for a reasonable period of time prior to the expiration date of the Master Lease for the purpose of removing Sublandlord Alterations and restoring the Sublease Premises as required by the Master Lease; provided that any such entry shall be subject to Section 2.3.
12.4 On or before the Expiration Date, or upon the earlier termination of the Sublease or of Subtenant’s right to possession of the Sublease Premises, Subtenant shall remove Subtenant’s articles of personal property incident to Subtenant’s business which are not affixed to the Sublease Premises (“Trade Fixtures”); provided, however that Subtenant shall repair any injury or damage to the Sublease Premises which may result from such removal, and shall restore the Sublease Premises to the same condition as prior to the installation thereof. If Subtenant does not remove Subtenant’s Trade Fixtures from the Sublease Premises on or before the expiration Expiration Date or sooner the earlier termination of this LeaseSubtenant’s right to possession, shall Sublandlord may, at its option, remove all of its personal property the same (and trade fixtures from repair any damage occasioned thereby and restore the PremisesSublease Premises as aforesaid) and dispose thereof or warehouse the same, and all property not so removed Subtenant 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 pay the cost of returning the Premises such removal, repair, restoration or warehousing, plus an administrative fee equal to its condition as of the date Tenant originally took possession thereof, and the transportation and storage costs five percent (5%) of such items. If the Premises are not so surrendered at the expiration costs, to Sublandlord on demand, or sooner termination Sublandlord may treat said Trade Fixtures as having been conveyed to Sublandlord with this Sublease acting as a B▇▇▇ of this LeaseSale therefor, Tenant shall indemnify Landlord against loss without further payment or liability resulting from delay credit by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses Sublandlord to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termSubtenant.
Appears in 1 contract
Sources: Sublease (Onyx Pharmaceuticals Inc)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before 19.1 At 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 other termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering surrender the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses Premises to Landlord due to lost opportunities to lease to succeeding tenantsin 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 attorneys' fees tear and costs. All keys (other than for any Restoration required by the terms of this Lease) damage to the Premises or by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof shall be surrendered to Landlord upon at the termination or other expiration of the Term. At the expiration or sooner termination of the Term, 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 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 Landlord as a result of such expiration or earlier termination. The provisions of this Section 19.1 shall survive the termination or expiration of this Lease termfor a period of one (1) year.
19.2 Upon termination of this Lease for any reason, Tenant will return to Landlord the Premises licensed by the State of Texas and by any and all governmental agencies having jurisdiction over the Premises as a skilled nursing facility with at least the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in Laws relating to the physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in Laws relating to the physical attributes of the improvements on the Premises).
19.3 Upon the expiration or earlier termination of this Lease (unless the earlier termination arises from an Event of Default by Tenant under this Lease, in which case the OTA shall be in a form acceptable only to Landlord, in its reasonable discretion), Tenant shall enter into a mutually agreeable operations transfer agreement (the “OTA”) with Landlord in order to provide for the orderly transition of the operation of the facility following the termination of this Lease. The OTA shall provide for a procedure for the assignment and assumption of all resident agreements, operating agreements and other agreements that Landlord elects to have assigned from Tenant. In addition, the OTA shall address the transition of licensing requirements for the Facility under all applicable Legal Requirements. Lease – Friendswood SNF 21
Appears in 1 contract
Sources: Lease (Summit Healthcare REIT, Inc)
Surrender. Tenant shall, upon expiration or sooner termination of --------- ---------- this Lease, surrender the Premises premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 Premisesas defined in Paragraph 9) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 9.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the Premisespremises, 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 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 premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises▇▇▇ ▇▇emises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
Appears in 1 contract
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before the expiration or sooner earlier termination of this Lease, peaceably surrender the Leased Premises, including the Tenant Improvement Work and Tenant's improvements and/or alterations installed pursuant to Article 7, in a janitorial clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall remove all abandon, vacate or surrender the Leased Premises, or be dispossessed by process of its law or otherwise, any personal property and trade fixtures from belonging to Tenant and left in the Premises, and all property not so removed Leased Premises shall be deemed abandoned by Tenant. Tenant and, at Landlord's option, title shall be liable pass to Landlord for costs under this Lease as by a ▇▇▇▇ of removal of any such abandoned trade fixtures or equipment of Tenantsale. Landlord may, or of any alterations Tenant fails however, elect to remove if so required all or any part of such personal property from the Leased Premises, and the reasonable costs incurred by LandlordLandlord in connection with such removal, together with including storage costs and the cost of returning repairing any damage to the Premises to its condition as Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within 30 days after receipt of the date Tenant originally took possession thereof, and the transportation and storage costs of such itemsLandlord's statement. If the Premises are not so surrendered at Upon the expiration or sooner or-earlier termination of this Lease, Tenant shall indemnify 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, losses surrender to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All all keys to the Leased Premises and shall inform Landlord of the combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article shall survive the expiration or any part thereof earlier termination of this Lease. Tenant shall give written notice to Landlord at least 30 days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be surrendered to Landlord upon expiration or sooner termination conclusively deemed correct for purposes of the Lease termdetermining Tenant's liability for repairs and restoration hereunder. 16.
Appears in 1 contract
Sources: Lease Agreement (Suntek Corp)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear and damage losses due to causes beyond the reasonable control of Tenant casualty and condemnation 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 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 defined in paragraph 8) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 paragraph 8.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the Premisespremises, 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 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 premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premisespremises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease lease term.
Appears in 1 contract
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of --------- this LeaseSublease for any reason, Subtenant shall surrender the Premises to Landlord Sublandlord in its condition existing as of the same condition Commencement Date (including the Initial Tenant Improvements even if not completed as existed on of the date Tenant originally took possession thereof (reasonable Commencement Date) but subject to the provisions of Section 5, normal wear and tear and damage due to causes beyond by fire or other casualty or condemnation or repairs which are the reasonable control responsibility of Tenant Landlord excepted) , with all interior walls cleaned, all interior painted surfaces repaired and repainted in the original color, if necessary, all holes in walls repairedmarked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment servicing only the Premises in operating order serviced and in good repairrepaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Subtenant shall remove from the Premises all Subtenant's personal property and all of Subtenant's alterations required to be removed pursuant to Sections 5D and 5E (but not the Initial Tenant shall at such time also surrender Improvements), and restore the Premises to Landlord such alterations (its condition prior to the Premises) as Landlord does not require Tenant their installation. If Subtenant fails to remove in accordance with Paragraph 7.6 above. Tenantany alterations and/or Subtenant's personal property, on or before and such failure continues after the expiration or sooner termination of this LeaseSublease, shall remove all Landlord or Sublandlord may retain or dispose of its personal such property and trade fixtures from the Premisesall rights of Subtenant with respect to it shall cease, and or Sublandlord may place all or any portion of such property not so removed shall be deemed abandoned by Tenantin public storage for Subtenant's account. Tenant Subtenant shall be liable to Landlord Sublandlord for costs of removal of any such abandoned trade fixtures or equipment alterations and Subtenant's personal property and storage and transportation costs of Tenantsame, or and the cost of any alterations Tenant fails to remove if so required by Landlordrepairing and restoring the Premises, together with interest at the cost of returning the Premises to its condition as of Interest Rate from the date Tenant originally took possession thereof, and the transportation and storage costs of such itemsexpenditure by Sublandlord. If the Premises are not so surrendered at the expiration or sooner termination of this LeaseSublease, Tenant Subtenant shall indemnify Landlord Sublandlord against all loss or liability liability, including attorneys' fees and costs, resulting from delay by Tenant Subtenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
Appears in 1 contract
Surrender. Upon Lease termination, Tenant shall quit and surrender the Premises free and clear of all tenants, occupants, liens, and encumbrances whatsoever except (i) Permitted Exceptions and (ii) encumbrances restrictions or reservations caused by or consented to in writing by Landlord. Tenant shall, upon expiration or sooner termination subject to the provisions of --------- this LeaseSection 10 and 11 hereof, surrender the Premises to Landlord broom clean and in the same good order, condition as existed on the date Tenant originally took possession thereof (and repair, reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant excepted) , with all interior walls cleanedTenant's signs, all interior painted surfaces repainted in the original colorfurniture, if necessarytrade fixtures, all holes in walls repairedequipment and other personal property removed. Any of Tenant's furniture, all carpets shampooed and cleanedtrade fixtures, all HVAC equipment servicing only or other personal property which is not removed from the Premises in operating order and in good repair, and all floors cleaned and waxed, all to by 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 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 date shall be deemed abandoned to Landlord and Landlord may dispose of the same as it sees fit, at Tenant's expense. All alterations which Landlord has designated in writing for removal by TenantTenant pursuant to Section 6.2 shall be removed by Tenant except that if having so designated an alteration for removal, Landlord thereafter gives notice to Tenant at least six (6) months before the expiration of the Lease Term that Landlord would be willing to let such alteration remain after the expiration of the Lease Term, then Tenant may elect whether to remove such alteration or leave it as part of the Premises upon the expiration of the Lease Term. Tenant shall be liable to Landlord for costs of repair any damage caused by the removal of any such abandoned trade fixtures alterations or equipment any of Tenant's furrliture, trade fixtures, equipment or of any alterations Tenant fails to remove if so required by Landlord, together with other personal property and restore the cost of returning building or the Premises to its condition as surface of the date Tenant originally took possession thereofReal Property, and as the transportation and storage costs of case may be, to substantially the condition in which it was prior to such itemsremoval. If At any time during the Premises are not so surrendered at the last six (6) months prior to tbe expiration or sooner termination of this Lease, Tenant shall indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termTerm, or after the Term has ended, Landlord may have an environmental assessment of the Premises peRormed, at Landlord's sole cost and expense. Tenant shall peRorm, at it sole cost and expense, any cleanup or remedial work required applicable laws and recommended by the consultant that performed the environmental assessment to remove, mitigate or remediate any hazardous substances contamination of the Premises which, based on such envirormental assessment, is determined (or reasonably concluded) to have been introduced by Tenant or its agents, employees, contractors, or invitees. Prior to surrendering possession of the Premises, Tenant shall also remove to the extent required by applicable laws and to the extent installed by Tenant any personal property, equipment, fixture and/or storage device or vessel on or about the Premises which is contaminated by or which contains hazardous substances.
Appears in 1 contract
Sources: Lease Agreement (Emeritus Corp\wa\)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before 19.1 At 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 other termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering surrender the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses Premises to Landlord due to lost opportunities to lease to succeeding tenantsin 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 attorneys' fees tear and costs. All keys (other than for any Restoration required by the terms of this Lease) damage to the Premises or by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof shall be surrendered to Landlord upon at the termination or other expiration of the Term. At the expiration or sooner termination of the Term, 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 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 Landlord as a result of such expiration or earlier termination. The provisions of this Section 19.1 shall survive the termination or expiration of this Lease.
19.2 Upon termination of this Lease termfor any reason, Tenant will return to Landlord the Premises licensed by the State of Oregon and by any and all governmental agencies having jurisdiction over the Premises as a skilled nursing facility and/or intermediate nursing care facility for the Fernhill Facility and the Pacific Facility and an intermediate nursing care facility for the Sheridan Facility with at least the Minimum Licensed Beds for each Facility (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises).
19.3 Upon the expiration or earlier termination of this Lease, Tenant shall enter into an operating transition agreement (the “OTA”) with Landlord in order to provide for the orderly transition of the operation of each Facility following the termination of this Lease. The OTA shall provide for a procedure for the assignment and assumption of all resident agreements, operating agreements and other agreements that Landlord elects to have assigned from Tenant. In addition, the OTA shall address the transition of licensing requirements for each Facility under all applicable Legal Requirements.
Appears in 1 contract
Sources: Lease Agreement (Cornerstone Core Properties REIT, Inc.)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before the expiration or sooner earlier termination of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a broom clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall remove all abandon, vacate or surrender the Leased Premises, or be dispossessed by process of its law or otherwise, any personal property and trade fixtures from belonging to Tenant and left in the Premises, and all property not so removed Leased Premises shall be deemed abandoned by Tenant. Tenant and, at Landlord's option, title shall be liable pass to Landlord for under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs of removal of any incurred by Landlord in connection with such abandoned trade fixtures or equipment of Tenantremoval, or of any alterations Tenant fails to remove if so required by Landlord, together with including storage costs and the cost of returning repairing any damage to the Leased Premises to its condition as and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of the date Tenant originally took possession thereof, and the transportation and storage costs of such itemsLandlord's statement. If the Premises are not so surrendered at Upon the expiration or sooner earlier termination of this Lease, Tenant shall surrender to Landlord all keys to the Leased Premises and shall inform Landlord of the combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including including, without limitation, any claims made by any succeeding tenant Tenant founded on such delay, losses . Tenant shall give written notice to Landlord due at least thirty (30) days prior to lost opportunities 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 lease give such notice or to succeeding tenantsparticipate in such joint inspection, and attorneys' fees and costs. All keys to Landlord's inspection at or after Tenant's vacation of the Leased Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination conclusively deemed correct for purposes of the Lease termdetermining Tenant's liability for repairs and restoration under this Lease.
Appears in 1 contract
Sources: Office Lease (Ip Voice Com Inc)
Surrender. Tenant shall, upon expiration or sooner termination No act by Landlord shall be deemed an acceptance of --------- this Lease, a surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 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 no agreement to accept a surrender of the Premises shall be deemed abandoned valid unless it is in writing and signed by TenantLandlord. Tenant shall be liable to Landlord for costs The voluntary or other surrender of removal of any such abandoned trade fixtures or equipment of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the option of Landlord, operate as an assignment to Landlord of any 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 itemsor all subleases or subtenancies. If the Premises are not so surrendered at Upon the expiration or sooner earlier termination of this Lease, Tenant shall indemnify agrees to peaceably surrender the Premises and all improvements therein to Landlord against loss or liability resulting from delay broom clean and in a state of good order, repair and condition, ordinary wear and tear and casualty damage not caused by Tenant (if this Lease is terminated as a result thereof pursuant to Paragraph 16.5) excepted, but in any event with the plumbing, heating, ventilation and air conditioning systems in good working order, together with all of Tenant’s personal property removed from the Premises (except as Landlord may elect as hereinafter provided) and all damage caused by such removal repaired as required by Paragraph 9. At least ninety (90) days prior to the date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord notice of the exact date Tenant will surrender the Premises so surrendering that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify personal property which are to remain upon the Premises and which are to be removed by Tenant, as well as any repairs Tenant is to make upon surrender of the Premises as required by this Lease. During such ninety (90) day period, Landlord may, at its option, and at Landlord’s sole cost and expense, retain the services of one or more inspectors or consultants to inspect the Premises and all equipment and fixtures located therein to determine if they are in the condition required for proper surrender by Tenant. If any such inspections disclose any material deficiencies in the condition of the Premises from that required above, Tenant will promptly cause the same to be corrected in a good and workmanlike manner at Tenant’s sole cost and expense prior to the surrender date. The delivery of keys to any employee of Landlord or to Landlord’s agent or any employee thereof alone will not be sufficient to constitute a termination of this Lease or a surrender of the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys personal property and fixtures of Tenant not so removed shall, to the Premises extent permitted under applicable Laws, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any part thereof shall be surrendered obligation to Landlord upon expiration or sooner termination of the Lease termaccount for such items.
Appears in 1 contract
Sources: Office Lease (Zones Inc)
Surrender. Tenant shall, upon Upon the expiration or sooner termination of --------- this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in the same condition as existed on the date Tenant originally took possession thereof (good condition, except for reasonable wear and tear tear, damage from casualty or condemnation and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleanedany changes resulting from approved Alterations; provided, all interior painted surfaces repainted in the original colorhowever, 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 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, that on or before the expiration or sooner termination of this Lease, Lease Tenant shall remove all of its telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant's personal property and trade fixtures any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal; provided, however, upon expiration or termination of this Lease Tenant shall not be obligated to remove any Hazardous Material from the PremisesProperty unless Handled by Tenant at the Property. If such removal is not completed on or before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and all property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable to pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property 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 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 itemsproperty. If the Premises are not so surrendered at the Upon expiration or sooner termination of this LeaseLease or of Tenant's possession, whichever is earliest, Tenant shall indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All surrender all keys to the Premises or any other part thereof of the Building and shall be surrendered deliver to Landlord upon 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 sooner termination of the this Lease term.
Appears in 1 contract
Sources: Sublease (Clarent Corp/Ca)
Surrender. On the Expiration Date or upon the sooner termination of this Lease or upon any re-entry by Landlord, Tenant shall, upon expiration or sooner termination of --------- this Leaseat its expense, surrender quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in the same good order, condition as existed on the date Tenant originally took possession thereof (reasonable wear and repair, ordinary wear, tear and damage due to causes beyond the reasonable control of Tenant by fire or other casualty excepted) , together with all interior walls cleanedImprovements and Fixtures therein (except as otherwise provided for in this Lease). Tenant shall, at its expense, remove from the Real Property all interior painted surfaces repainted of Tenant's Property and 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 which shall remain in the original color, if necessary, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment servicing only Premises after the Premises in operating order and in good repair, and 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 before the expiration or sooner termination of this Lease, Lease shall remove all be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of its personal property and trade fixtures from the Premises, and all as Landlord may see fit. If such property not so removed shall be deemed abandoned 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 TenantLandlord 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 be liable to Landlord for costs of removal of any such abandoned trade fixtures have removed all or equipment substantially all of Tenant, or of any alterations Tenant fails to remove if so required by Landlord, together with the cost of returning 's Property from the Premises and subject to its condition as 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 date Tenant originally took possession thereof, and the transportation and storage costs of such itemsLease. If the Premises are not so surrendered at Expiration Date or the expiration or date of sooner termination of this LeaseLease shall fall on a day which is not a business day, Tenant then Tenant's obligations under Section 24.1 shall indemnify Landlord against loss be performed on 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys prior to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termimmediately preceding business day.
Appears in 1 contract
Sources: Lease Agreement (Dress Barn Inc)
Surrender. Tenant shallOn the last day of the Term, including any option term, or upon expiration or the sooner termination of --------- this Leasethereof, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord and all improvements thereon in the same condition as existed on at the date Tenant originally took possession thereof (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 damage due improvements other than business and trade fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises or in common areas including business and trade fixtures installed by Tenant pursuant to causes beyond Section 3.5, shall remain the reasonable control property of Tenant excepted) with all interior walls cleanedLandlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term, whether by the elapse of time or otherwise, 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 all floors cleaned and waxed, all without compensation or credit to the reasonable satisfaction of LandlordTenant. Tenant shall remove all equipment and personal property 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 (10%) percent per annum from the date of such time also surrender 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 to Landlord such alterations (at the place then fixed for the payment of rent of the keys to the Premises) as Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord does shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not require Tenant constitute a waiver of any rights to remove recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in accordance with Paragraph 7.6 aboveaddition to all other methods of surrender. TenantAnything in this section to the contrary notwithstanding, on or before the expiration or sooner at any termination of this Lease, Landlord shall remove have a lien upon all of its personal the property and trade fixtures of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the Premisespayment of damages, and all Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not so removed shall be deemed abandoned defeated by Tenantplacing such property in storage. If Tenant shall be liable has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or and shall apply in a reasonable manner determined by Landlord the proceeds of any alterations sale to reduce the amounts then owed from 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 indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
Appears in 1 contract
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before Upon 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 indemnify surrender the Premises and all Tenant Improvements and Alterations to Landlord against loss broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or liability condemnation and any changes resulting from delay 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 Premises all Tenant’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenantsSection 6.1 — Tenant Improvements & Alterations, and attorneys' fees repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and costsTenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. All 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 thereof of the Building and shall be surrendered deliver to Landlord upon 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 sooner termination of the Lease termthis Lease.
Appears in 1 contract
Sources: Lease Agreement (ArcSight Inc)
Surrender. Tenant shall▇▇▇▇▇▇ agrees on the last day of the Lease Term, upon expiration or promptly following any sooner termination of --------- this Leasetermination, to surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (received by Tenant, reasonable wear and tear tear, acts of God, casualties, condemnation, Hazardous Materials as defined in paragraph 18 hereof (other than those stored, used, generated, or disposed of by Tenant, its employees, agents, contractors and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleaned, all interior painted surfaces repainted invitees in the original color, if necessary, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment servicing only or about the Premises in operating order and violation of "Law" as defined in good repairsubparagraph 1l.▇.▇), and Alterations as defined in subparagraph 10.A made by Tenant which Landlord has indicated that Tenant shall not be required to remove, excepted. Tenant agrees, at its sole cost, to remove all floors cleaned phone and waxeddata cabling from the suspended ceiling and repair or replace broken ceiling tilts, all to and relevel the reasonable satisfaction of Landlordceiling if required. Tenant shall ascertain from Landlord within thirty (30) days before the Expiration Date (or promptly following any sooner termination of his Lease) whether Landlord will require Tenant to remove any Alterations made by Tenant at such time also surrender to Landlord such alterations (to the Premises) as ; provided that Landlord does shall not require Tenant to remove in accordance with Paragraph 7.6 aboveany Alteration which Landlord has previously indicated may remain at the Premises. TenantIf Landlord shall so require, on then Tenant shall remove such Alterations as Landlord may designate and shall repair any damage to the Premises occasioned by the removal before the Expiration Date or promptly following any sooner termination at ▇▇▇▇▇▇'s sole cost and expense. On or before the expiration end of the Lease Term or promptly following any sooner termination of this Leasetermination, Tenant shall remove all of its personal property and trade fixtures from the Premises, and all property and fixtures not so removed shall be deemed to be 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 end of the Lease Term or sooner termination of this LeaseLease in the condition required by this paragraph, Tenant shall indemnify indemnify, defend and hold harmless Landlord against loss or liability resulting from delay by Tenant ▇▇▇▇▇▇ in so surrendering the PremisesPremises including, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
Appears in 1 contract
Sources: Sublease Agreement (Actionpoint Inc)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before Upon 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 earlier termination of this Lease, Tenant shall indemnify peaceably leave and surrender the Premises to Landlord against loss broom clean and free of debris and otherwise in the condition in which the Premises are required to be maintained by the terms of this Lease, reasonable wear and tear and damage by casualty which Tenant is not obligated to restore under this Lease excepted. Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of the combinations to all locks, safes and vaults in the Premises. Tenant shall, at its expense, remove from the Premises on or liability resulting from delay by prior to expiration or earlier termination of this Lease (i) all furnishings, fixtures and equipment situated thereon, (ii) those Alterations that Tenant in so surrendering is required to remove pursuant to Section 3.3 hereof, and (iii) those items of personalty that Tenant brings into the Premises. Tenant shall not remove any equipment, conduits, fixtures, water, plumbing, electrical, heating, ventilation, air conditioning, lighting, life safety, sprinkler and sewer service to the Premises, including without limitation(except to the extent such item is an Alteration and Tenant is required to remove the same pursuant to Section 3.3 hereof), all of which together with any claims made other furnishings, fixtures and equipment not removed by any succeeding tenant founded on such delayTenant as provided above, losses shall become the property of Landlord upon the expiration or earlier termination of this Lease and shall be conclusively presumed to have been conveyed to Landlord due under this Lease via a ▇▇▇▇ of sale without further payment or credit by Landlord to lost opportunities Tenant. In addition, Tenant shall, at its expense, on or prior to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon such expiration or sooner earlier termination of this Lease, repair any damage caused by such removal. Any property not so removed that Landlord requires to be removed, may be removed by Landlord and stored and/or retained or sold by Landlord and all the Lease term.costs of such removal, storage and disposition as well as the cost of repairing any damage caused by such removal, shall be
Appears in 1 contract
Sources: Lease Agreement (AntriaBio, Inc.)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender Upon the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before the expiration or sooner termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of the Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord in good condition and repair, reasonable wear and tear excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed "reasonable wear and tear." Tenant shall surrender to Agent all keys to the Premises and make know to Agent the explanation of all combination locks which Tenant is permitted to leave on the Premises. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). Tenant may remove any floor covering as to which Tenant paid the total cost of purchase and installation; in such event, Tenant shall remove all fastenings, paper, glue, bases and other vestiges thereof and restore the floor surface to its previous condition, or shall pay to Landlord the cost of its personal so restoring the floor surface condition. Except as provided in the immediately preceding sentence, all additions, hardware, non-trade fixtures and all improvements, in or upon the Premises placed there by Tenant ("Alterations") shall become Landlord's property and trade fixtures from shall remain upon the PremisesPremises upon such termination without compensation or allowance credit to Tenant, provided, however, that Landlord shall have the right to require Tenant to remove any Alterations or any portion thereof, including without limitation any floor covering purchased and installed at Tenant's sole cost, and all property not so removed to restore the Premises to their condition prior to the making thereof, repairing any damage occasioned by such removal and restoration. Said right shall be deemed abandoned exercised by TenantLandlord's giving written notice thereof to Tenant on or before twenty (20) days after any such termination. Tenant shall be liable to If Landlord for costs of requires removal of any Alteration or portion thereof, and Tenant does not make such abandoned trade fixtures removal in accordance with this Section at the time of such termination or equipment within ten (10) days after such request, whichever is later, Landlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant, or of any alterations warehouse the same. Tenant fails to remove if so required by Landlord, together with shall pay 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 Leaseremoval, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premisesrepair, including without limitation, any claims made by any succeeding tenant founded on such delay, losses delivery and warehousing to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termon demand.
Appears in 1 contract
Sources: Sublease (Quintus Corp)
Surrender. Tenant shall, upon Upon the expiration or sooner other termination of --------- this Leasethe term, Tenant shall quit and surrender the Premises to Landlord the Demised Premises, broom clean, in the same as good order, condition and repair as existed on the date Tenant originally took possession thereof (reasonable it now is or may hereafter be placed, ordinary wear and tear and damage due by casualty which Tenant is not specifically obligated to causes beyond the reasonable control of Tenant restore hereunder 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 all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. 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 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 Demised Premises at the expiration or other termination of this Lease, and Tenant hereby indemnifies Landlord against any and all claims and liability with respect thereto. If Tenant holds over after, the term with the express consent of Landlord, such tenancy shall be from month to month only and shall not be a renewal hereof, and Tenant shall pay the rent and all 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 also surrender during which Tenant holds over. If Tenant holds over after the term without the consent of Landlord and shall fail to Landlord such alterations (to vacate the Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on or before Demised Premises after the expiration or sooner termination of this LeaseLease for any cause or after Tenant's right to occupy same ceases, shall remove all of its personal property and trade fixtures from the Premisesthereafter, and all property not so removed shall be deemed abandoned by Tenant. notwithstanding anything to the contrary contained elsewhere in this Lease 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 use and occupancy of the date Tenant originally took possession thereofDemised Premises in an amount agreed to be 125% of the monthly installment of Base Monthly Rent, and all the transportation 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 storage costs agreements of such items. If the Premises are not so surrendered at this Article 21 shall survive the expiration or sooner other termination of this Lease, Tenant shall indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
Appears in 1 contract
Sources: Lease (Kabira Technologies Inc)
Surrender. Tenant shall, upon On expiration or sooner ten (10) days after termination of --------- this Leasethe Term, Tenant shall surrender the Premises and all Tenant's improvements and alterations to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 broom clean and in good repair, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlordcondition. 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 before the expiration or sooner termination of this Lease, 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 trade fixtures 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, 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 property not so removed shall be deemed abandoned by Tenantclaims 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 of removal of any such abandoned trade fixtures or equipment for storing, removing and disposing of Tenant, or of any alterations 's Trade Fixtures and personal property. If Tenant fails to remove if so required by Landlord, together with the cost of returning surrender the Premises to its condition as Landlord on expiration or ten (10) days after termination of the date Term as required by this Section, Tenant originally took possession thereof, and shall pay Landlord Rent in an amount equal to 150% of the transportation and storage costs of such items. If Base Monthly Rent applicable for the Premises are not so surrendered at month immediately prior to the expiration or sooner 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 be liable for, shall indemnify Landlord against loss or liability and shall hold Landlord harmless from all damages resulting from delay by Tenant in so surrendering Tenant's failure to timely surrender the Premises, including without limitation, (i) any claims made by Rent in excess of 150% of Base Monthly Rent payable by, or any succeeding damages claimed by, any prospective tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenantsof any part or all of the Premises, and attorneys' fees and costs. All keys (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the prospective lease of part or all of the Premises or any part thereof shall be surrendered by reason of Tenant's failure to Landlord upon timely surrender the Premises. If Tenant, without Landlord's prior consent, remains in possession of the Premises after expiration or sooner termination of the Lease termTerm, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a tenancy at sufferance terminable at any time by either party.
Appears in 1 contract
Sources: Lease Agreement (Lmi Aerospace Inc)
Surrender. Tenant shall, upon Upon the expiration or sooner other termination of --------- this Leasethe Term, Tenant will immediately vacate and surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 good order, repair and in good repaircondition, except for ordinary wear and tear. Upon the expiration or other termination of the Term, Tenant agrees to remove (a) all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender to Landlord such alterations (Changes to the Premises, the removal of which Landlord requested or approved according to Section 7.2 at the time Landlord consented to their installation, and (b) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its Tenant’s trade fixtures, office furniture, office equipment and other personal property and trade fixtures from property. Tenant will pay Landlord on demand the cost of repairing any damage to the Premises, and all property not so removed shall be deemed abandoned Building and/or Project caused by Tenant. Tenant shall be liable to Landlord for costs of the installation or removal of any such abandoned trade fixtures or equipment of Tenantitems normal wear and tear excepted. Notwithstanding the foregoing, or of any alterations Tenant fails to remove if so required will be responsible for removing all Telecom Equipment installed 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 earlier termination of the Term in accordance with Section 26.9 below. If Tenant fails to surrender the Premises on the expiration or earlier termination of this Lease despite demand to do so by Landlord (including upon the expiration of any subsequent month-to-month tenancy pursuant to Section 15.2 below), with such removal and repair obligations completed, then, in addition to the Landlord’s rights and remedies under Section 7.3 above and the other provisions of this Lease, Tenant shall indemnify indemnify, defend with counsel reasonably acceptable to Landlord against and hold Landlord harmless from all loss or liability resulting from delay by Tenant in so surrendering the Premisesincluding, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenantsbased thereon, and any attorneys' ’ fees and costsother costs of legal proceedings. All The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Tenant’s obligations under this Section 15.1 will survive the expiration or early termination of this Lease and no surrender of possession of the Premises by Tenant will limit Tenant’s liability under this Lease. No act or thing done by Landlord or Landlord’s agents during the Term of this Lease will be deemed an acceptance of a surrender of the Premises, unless in writing signed by Landlord. The delivery of the keys to the Premises an employee or any part thereof shall be surrendered to agent of Landlord upon expiration or sooner will not operate as a termination of this Lease or a surrender of the Lease termPremises.
Appears in 1 contract
Sources: Lease Agreement (Ryland Group Inc)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before 19.1 At 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 other termination of this Lease, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering surrender the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses Premises to Landlord due to lost opportunities to lease to succeeding tenantsin 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 attorneys' fees tear and costs. All keys (other than for any Restoration required by the terms of this Lease) damage to the Premises or by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof shall be surrendered to Landlord upon at the termination or other expiration of the Term. At the expiration or sooner termination of the Term, 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 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 Landlord as a result of such expiration or earlier termination. The provisions of this Section 19.1 shall survive the termination or expiration of this Lease.
19.2 Upon termination of this Lease termfor any reason, Tenant will return to Landlord the Premises licensed by the State of Oregon and by any and all governmental agencies having jurisdiction over the Premises as a memory care facility with at least the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the improvements on the Premises).
19.3 Upon the expiration or earlier termination of this Lease, Tenant shall enter into an operating transition agreement (the “OTA”) with Landlord in order to provide for the orderly transition of the operation of the facility following the termination of this Lease. The OTA shall provide for a procedure for the assignment and assumption of all resident agreements, operating agreements and other agreements that Landlord elects to have assigned from Tenant. In addition, the OTA shall address the transition of licensing requirements for the Facility under all applicable Legal Requirements.
Appears in 1 contract
Sources: Lease Agreement (Cornerstone Core Properties REIT, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall, upon expiration or sooner termination shall return possession of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable good condition, except for ordinary wear and tear 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 repairtear, and all floors cleaned and waxedexcept for casualty damage, all condemnation or other conditions that Tenant is not required to the reasonable satisfaction of Landlordremedy under this Lease. Tenant shall at such time also surrender Prior 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 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 indemnify remove from the Premises all wiring and cabling and all of Tenant’s Property (unless Landlord against loss directs Tenant otherwise), and any and all other personal property installed by Tenant’s assignees or liability subtenants. Tenant shall repair any damage resulting from delay such removal and shall restore the Premises to good order and condition. Any wiring or cabling or any of Tenant’s Property or any other personal property installed by Tenant’s assignees or subtenants not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord 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 sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that each monthly installment of Minimum Annual Rent shall be 150% of the monthly installment of Minimum Annual Rent payable for 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 so surrendering this Lease to the Premisescontrary 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 without limitationconsequential damages, that Landlord suffers as a result of the holdover. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages arising from any claims made by 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 succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenantsholdover after the Expiration Date, and attorneys' fees and costs. All keys (ii) if Tenant receives such written notice fifteen (15) days prior to the Premises or any part thereof shall Expiration Date, then Tenant may be surrendered to Landlord upon expiration or sooner termination liable for consequential damages as a result of the Lease termholdover 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. Tenant shall, upon expiration or sooner termination On the last day of --------- the Term of this Lease, including any extended term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises to Landlord and all improvements thereon in the same condition as existed on at the date Tenant originally took possession thereof (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 damage due to causes beyond improvements (other than Tenant's business and trade fixtures) which may be made or installed by either Landlord or Tenant upon the reasonable control Leased Premises or in Common Areas shall remain the property of Tenant excepted) with all interior walls cleanedLandlord 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 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 all floors cleaned and waxed, all without compensation or credit to the reasonable satisfaction of LandlordTenant. 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 On or before the expiration 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 sooner 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 at the place then fixed for the payment of rent shall constitute surrender of the Leased Premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, Landlord shall remove have a lien upon all of its personal the property and trade fixtures of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the Premisespayment of damages, and all Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not so removed shall be deemed abandoned defeated by Tenantplacing such property in storage. If Tenant shall be liable has not redeemed said property within ninety (90) days after the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or and shall apply in a reasonable manner determined by Landlord the proceeds of any alterations sale to reduce the amounts then owed from 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 indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
Appears in 1 contract
Surrender. Tenant shall, upon expiration On the Expiration Date or sooner earlier termination of --------- the Term, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth in Paragraph 22.4 above) in the condition received, less any normal wear and tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this Lease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant's Personal Property and all electric, data and voice cabling installed in the Premises, or behind or above any ceiling or wall in, on, or about the Premises and perform all repairs and restoration required by the removal of any such cabling, Alterations or Tenant's Personal Property, as applicable, 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 ▇▇▇▇▇▇'s Personal Property that Tenant does not remove from the Premises on or before the Expiration Date or earlier termination date of the Term of this Lease by giving written notice to ▇▇▇▇▇▇. 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 ▇▇▇▇▇▇▇▇'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 (that were required to be removed by Landlord under this Lease) or Tenant's Personal Property. If ▇▇▇▇▇▇ fails to surrender the Premises to Landlord on the Expiration Date (or earlier termination of the Term) in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 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 LeaseParagraph 23.1, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premisesindemnify, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenantsdefend, and hold harmless the Landlord from and against all third party liabilities, damages, losses, costs, expenses, attorneys' fees and costs. All keys to the Premises or , and claims resulting from such failure, including without limitation any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termclaim for damages made by a succeeding tenant.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall, upon expiration or sooner termination shall return possession of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable good condition, except for ordinary wear and tear 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 repairtear, and all floors cleaned and waxed, all except for casualty damage or other conditions that Tenant is not required to the reasonable satisfaction of Landlordremedy under this Lease. Tenant shall at such time also surrender Prior 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 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 indemnify remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord against loss directs Tenant otherwise), and all other personal property installed by Tenant or liability its assignees or subtenants. Tenant shall repair any damage resulting from delay 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 equal to 125% of the Monthly Rent payable for the last full month immediately preceding the holdover 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 so surrendering this Lease to the Premisescontrary 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 without limitationconsequential damages, any claims made by any succeeding tenant founded on such delay, losses to that Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination suffers as a result of the Lease termholdover.
Appears in 1 contract
Sources: Lease Agreement (Jagged Peak, Inc.)
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of --------- the Lease, Tenant will surrender the Premises and the Landlord Personalty to Landlord in the condition which Tenant is required to maintain the Premises and the Landlord Personalty under this Lease. Tenant will not be obligated to repair any damage which Landlord is required to repair under Article 11 (Casualty and Condemnation). Except as provided below, surrender Landlord may require Tenant, at its expense, to remove any alterations, additions or improvements made by Tenant prior to the expiration or earlier termination of the Lease, and to restore the Premises to their condition as of the Commencement Date, normal wear and tear excepted. Specifically, Tenant will restore or replace any portion of the wall, floor, ceiling, door or wall surfaces and floor coverings within the Premises which have been scratched, gouged, broken, stained, burned, torn, or otherwise marred by Tenant’s operations within the Premises during the Lease Term or as a result of removal of Tenant’s property, and Tenant agrees to reasonably clean such surfaces of dirt, grease, paint, tar marks, or other discoloration prior to surrendering the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 shall deliver the Premises in operating order and a broom clean condition. With respect to any alterations, additions or improvements which require Landlord’s approval, Landlord will specify in good repair, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. writing if Tenant shall at such time also surrender to Landlord such alterations (to the Premises) as Landlord does not require Tenant will be required to remove in accordance with Paragraph 7.6 abovethe same at the time of such approval. TenantAny work which Tenant is not required to remove will, on or before the expiration or sooner termination of this Leaseat Landlord’s option, shall remove all of its personal become Landlord’s 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 indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall will be surrendered to Landlord upon the expiration or sooner earlier termination of the Lease termLease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without damage to the Premises so long as Tenant repairs any damage caused by such removal. Landlord shall have the right to remove and dispose of, at Tenant’s expense, personal property of Tenant remaining in the Premises upon the expiration or earlier termination of this Lease. Tenant’s liability in connection herewith shall survive the termination or expiration of this Lease.
Appears in 1 contract
Surrender. Section 21.01 On the Expiration Date or upon the sooner termination of this Lease or upon any reentry by Landlord upon the Premises, Tenant shall, upon expiration or sooner termination of --------- this Leaseat its sole cost and expense, surrender quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in the same good order, condition as existed on the date Tenant originally took possession thereof (reasonable wear and repair except for ordinary wear, tear and damage due to causes beyond the reasonable control of Tenant excepted) by fire or other insured casualty, together with all interior walls cleanedImprovements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant’s Property and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all interior painted surfaces repainted damage to the Premises and the Real Property occasioned by such removal. Any Tenant’s property or other personal property which shall remain in the original colorPremises 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, if necessary, all holes in walls repaired, all carpets shampooed Landlord may receive and cleaned, all HVAC equipment servicing only retain the Premises in operating order and in good repair, and all floors cleaned and waxed, all to proceeds of such sale as the reasonable satisfaction property of Landlord. Tenant Any expense incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property shall at such time also surrender be reimbursed to Landlord such alterations (to by Tenant as Additional Rent on demand.
Section 21.02 If the Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on Expiration Date or before the expiration or date of sooner termination of this LeaseLease shall fall on a day which is not a business day, shall remove all of its personal property and trade fixtures from the Premises, and all property not so removed then Tenant's obligations under Section 21.01 shall be deemed abandoned by Tenant. Tenant shall be liable performed on or prior 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. immediately preceding business day.
Section 21.03 If the Premises are not so surrendered at upon the expiration or sooner termination of this Lease, Tenant shall indemnify hereby indemnifies Landlord against loss or liability primarily and directly resulting from delay by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant or prospective tenant founded on upon such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to .
Section 21.04 In the event Tenant remains in possession of the Premises or any part thereof after the termination of this Lease without the execution of a new lease, Tenant, at the option of the Landlord, shall be surrendered deemed to Landlord upon expiration or sooner 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 the Lease termthis Lease.
Appears in 1 contract
Sources: Lease Agreement (Vringo Inc)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before Upon 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 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, and Tenant shall have no obligation to remove Alterations or Minor Alterations to the Premises except to extent specifically provided in this Lease; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove from the Premises all Tenant’s telephone and electronic cabling and security systems installed in the Building by Tenant, personal property and any Trade Fixtures and all Alterations and Minor Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal, provided, however, that Tenant shall not be required to remove any telephone or other cabling installed in the Building by Tenant if Tenant fulfills the initial 144 month Term of this Lease. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and Tenant shall indemnify Landlord from any other costs or damages incurred by Landlord by reason of Tenant’s failure to complete timely 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 or liability to Tenant resulting from delay by 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 in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All shall surrender all keys to the Premises or any other part thereof of the Building and shall be surrendered deliver to Landlord upon 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 sooner termination of this Lease. In no event shall Tenant be required to remove the Lease termTenant Improvements or any Alterations except as provided in Section 6.1 above.
Appears in 1 contract
Surrender. Tenant shallSubject to the provisions of this Sublease, the Master Lease and the Master Sublease regarding damage or destruction due to casualty or condemnation, upon the expiration or sooner earlier termination of --------- this LeaseSublease, Sublessee shall surrender the Sublease Premises to Landlord broom clean and in the same condition and repair as existed on the date Tenant originally took possession thereof (reasonable Sublease Premises were delivered to Sublessee, excepting only ordinary wear and tear and damage due in compliance with the Master Lease and the Master Sublease. To the extent permitted by Master Lessor and Master Sublessor, Sublessee shall be permitted 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, remove any and all floors cleaned of its personal property, business or trade fixtures, machinery, equipment, cabinetwork, signs, furniture and/or movable partitions. Furthermore, Sublessee agrees to repair any damage to the Sublease Premises caused by or related to the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, signs, furniture, movable partitions or permanent improvements or additions which Sublessor allows or requires Sublessee to remove, including, without limitation, repairing the floor and waxed, all patching and/or painting the walls where required by Sublessor to the reasonable satisfaction of LandlordSublessor, Master Lessor and/or Master Sublessor, all at Sublessee's sole cost and expense. 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 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 Sublessee shall indemnify Landlord Sublessor against any loss or liability resulting from delay by Tenant Sublessee in so surrendering the Sublease Premises, including including, without limitation, any claims made by the Master Lessor, Master Sublessor and/or any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to Such indemnity obligation shall survive the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner earlier termination of the Lease termthis Sublease.
Appears in 1 contract
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of --------- this Leasethe Term, Tenant shall surrender the Premises to Landlord in its condition existing as of the same condition as existed on the date Tenant originally took possession thereof (reasonable Commencement Date, normal wear and tear and damage due to causes beyond the reasonable control of Tenant fire or other casualty excepted) , with all interior walls cleaned, all interior painted surfaces repaired and repainted in the original color, if necessary, all holes in walls repaireddamaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment servicing only the Premises in operating order serviced and in good repairrepaired by a reputable and licensed service firm, and all floors cleaned and waxedcleaned, all to the reasonable satisfaction of Landlord. Tenant shall at remove from the Premises all of Tenant’s Personal Property and any Alterations that Landlord designates for removal pursuant to Paragraph 11(a) below (including the Courtyard Improvements, if applicable, but excluding the Tenant Improvements) and any other Alterations that Landlord designates for removal if such time also surrender to Landlord Alterations were not approved by Landlord, and repair any damage and perform any restoration work caused by such alterations (to the Premises) as Landlord does not require removal. If Tenant fails to remove in accordance with Paragraph 7.6 above. Tenant’s Personal Property and/or any Alterations that Tenant is required to remove, on or before and such failure continues after the expiration or sooner termination of this Lease, shall remove all of its personal Landlord may retain such property and trade fixtures from the Premisesall rights of Tenant with respect to it shall cease, and or Landlord may place all or any portion of such property not so removed shall be deemed abandoned by in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment Alterations and Tenant’s Personal Property and storage and transportation costs of Tenantsame, or and the cost of any alterations Tenant fails to remove if so required by Landlordrepairing and restoring the Premises, together with interest at the cost of returning the Premises to its condition as of Interest Rate from the date Tenant originally took possession thereof, and the transportation and storage costs of such itemsexpenditure by Landlord. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord and Landlord’s Agents against all loss or liability liability, including attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, including without limitationfor the purposes of this Lease, any claims made by any succeeding tenant founded on such delay, losses shall be construed to Landlord due to lost opportunities to lease to succeeding tenants, mean wear and attorneys' fees and costs. All keys tear caused to the Premises by a natural aging process which occurs in spite of prudent application of commercially reasonable standards for maintenance, repair and janitorial practices to the extent the same are Tenant’s obligations under this lease. It is not intended, nor shall it be construed, to include items of neglected or any part thereof shall be surrendered deferred maintenance which would have or should have been attended to Landlord upon expiration or sooner termination during the Term of the Lease termif commercially reasonable standards had been applied to properly maintain and keep the Premises at all times in good condition and repair.
Appears in 1 contract
Sources: Lease Agreement (Silicon Image Inc)
Surrender. SECTION 21.01 On the Expiration Date or upon the sooner termination of this Lease or upon any re-entry by Landlord upon the Premises, Tenant shall, upon expiration or sooner termination of --------- this Leaseat its sole cost and expense, surrender quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in the same good order, condition as existed on the date Tenant originally took possession thereof (reasonable wear and repair except for ordinary wear, tear and damage due to causes beyond the reasonable control of Tenant excepted) by fire or other insured casualty, together with all interior walls cleanedImprovements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant's Property and all personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all interior painted surfaces repainted damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or other personal property which shall remain in the original colorPremises 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 manner as Landlord may see fit. If such Tenant's Property or other personal property or any part thereof shall be sold, if necessary, all holes in walls repaired, all carpets shampooed Landlord may receive and cleaned, all HVAC equipment servicing only retain the Premises in operating order and in good repair, and all floors cleaned and waxed, all to proceeds of such sale as the reasonable satisfaction property of Landlord. Tenant Any expense incurred by Landlord in removing or disposing of such Tenant's Property or other personal property shall at such time also surrender be reimbursed to Landlord such alterations (to by Tenant as Additional Rent on demand.
SECTION 21.02 If the Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on Expiration Date or before the expiration or date of sooner termination of this LeaseLease shall fall on a day which is not a business day, shall remove all of its personal property and trade fixtures from the Premises, and all property not so removed then Tenant's obligations under Section 21.01 shall be deemed abandoned by performed on or prior to the immediately preceding business day.
SECTION 21.03 Tenant expressly waives, for itself and for any person claiming through or under Tenant. , any rights which Tenant shall be liable to Landlord for costs or any such person may have under the provisions of removal Section 22.01 of the New York Civil Practice Law and Rules and of any such abandoned trade fixtures similar or equipment successor law of Tenantsame import then in force, or in connection with any holdover proceedings which Landlord may institute to enforce the provisions 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. this Article.
SECTION 21.04 If the Premises are not so surrendered at upon the expiration or sooner termination of this Lease, Tenant shall indemnify hereby indemnifies Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant or prospective tenant founded on upon such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to .
SECTION 21.05 In the event Tenant remains in possession of the Premises or any part thereof after the termination of this Lease without the execution of a new lease, Tenant, at the option of Landlord, shall be surrendered deemed to Landlord upon expiration or sooner 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 the Lease termthis Lease.
Appears in 1 contract
Sources: Lease (Asi Solutions Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall, upon expiration or sooner termination shall return possession of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable good condition, except for ordinary wear and tear 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 repairtear, and all floors cleaned and waxed, all except for casualty damage or other conditions that Tenant is not required to the reasonable satisfaction of Landlordremedy under this Lease. Tenant shall at such time also surrender Prior 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 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 indemnify Landlord against loss remove from the Property all furniture, trade fixtures, equipment, and all other personal property installed by Tenant or liability its assignees or subtenants. Tenant shall not be required to remove its wiring and cabling unless Tenant cuts or damages such wiring and cabling, in which case Tenant shall be required to remove such wiring and cabling prior to the expiration or termination of this Lease. Tenant shall repair any damage resulting from delay 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 one hundred fifty percent (150%) of the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in so surrendering this Lease to the Premisescontrary 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 without limitationconsequential damages, any claims made by any succeeding tenant founded on such delay, losses to that Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination suffers as a result of the Lease termholdover.
Appears in 1 contract
Sources: Lease Agreement (Sourcefire Inc)
Surrender. Tenant shall(a) On the Expiration Date, or upon expiration or sooner the earlier termination of --------- this Leasethe Sublease or of Subtenant’s right to possession of the Sublease Premises, Subtenant will at once surrender and deliver up the Premises Sublease Premises, together with all improvements thereon, to Landlord Sublandlord in the same as good condition and repair as existed on the date Tenant originally took possession thereof (when delivered to Subtenant, reasonable wear and tear and casualty or condemnation not required to be restored by Subtenant excepted. Conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and tear.” Subtenant shall surrender to Sublandlord all keys to the Sublease Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Sublease Premises.
(b) All Alterations in or upon the Sublease Premises made by Subtenant and not removed or required to be removed hereunder shall immediately become a part of and shall remain upon the Sublease Premises upon such termination without compensation, allowance or credit to Subtenant. To the extent required under the Master Lease or pursuant to Section 9 of this Sublease, Subtenant shall restore the Sublease Premises to their condition prior to the making of such Alterations and repair any damage due occasioned by such removal or restoration. If Subtenant is permitted or required 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 repairremove any Alteration or a portion thereof, and 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 Subtenant does not require Tenant to remove complete such removal in accordance with Paragraph 7.6 abovethis Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, warehouse the same. TenantSubtenant shall pay the costs of such removal, repair and warehousing, plus an administrative fee equal to ten percent (10%) of such costs, on demand.
(c) On the Expiration Date, or upon the earlier termination of the Sublease or of Subtenant’s right to possession of the Sublease Premises, Subtenant shall remove Subtenant’s articles of personal property incident to Subtenant’s business which are not permanently affixed to the Sublease Premises, including all Remaining Property (collectively referred to herein as “Trade Fixtures”), provided that the definition of Trade Fixtures is further limited to only those Subtenant’s Alterations and/or Subtenant’s equipment which fail to meet the Fixed Equipment Criteria of Master Lease Section 8.8. Upon the removal of Trade Fixtures Subtenant shall repair any injury or damage to the Sublease Premises which may result from such removal, and shall restore the Sublease Premises to the condition required under the Master Lease and, if no specified therein, then to at least the same condition as prior to the installation thereof. If Subtenant does not remove Subtenant’s Trade Fixtures from the Sublease Premises on or before the expiration Expiration Date or sooner the earlier termination of this LeaseSubtenant’s right to possession, shall Sublandlord may, at its option, remove all of its personal property the same (and trade fixtures from repair any damage occasioned thereby and restore the PremisesSublease Premises as aforesaid) and dispose thereof or warehouse the same, and all property not so removed Subtenant 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 pay the cost of returning such removal, repair, restoration or warehousing, plus as administrative fee equal to ten percent (10%) of such costs, to Sublandlord on demand, or Sublandlord may treat said Trade Fixtures as having been conveyed to Sublandlord with this Sublease acting as a ▇▇▇▇ of sale therefor, without further payment or credit by Sublandlord to Subtenant.
(d) Prior to the Expiration Date, Subtenant shall perform all decommissioning required by governmental agencies and shall provide copies of all nonproprietary decommissioning reports to Sublandlord. No less than five (5) months prior to the Expiration Date, Subtenant shall provide to Sublandlord a copy of its protocols and procedures for decommissioning the Sublease Premises to its condition as and Sublandlord will provide comments for consideration within thirty (30) days. During such last five (5) months of the date Tenant originally took possession thereofSublease Term, and the transportation and storage costs of such items. If the Premises are not so surrendered at the expiration or sooner termination of this Leaseupon Sublandlord’s request, Tenant shall indemnify 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, losses Subtenant agrees to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termprovide Sublandlord with periodic decommissioning status updates.
Appears in 1 contract
Sources: Sublease (Dendreon Corp)
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of --------- this LeaseSublease, Sublessee shall surrender the Sublease Premises to Landlord in the same condition and repair as existed the Sublease Premises were delivered to Sublessee on the date Tenant originally took possession thereof (reasonable Commencement Date, excepting only ordinary wear and tear and damage due to causes beyond by fire, earthquake, act of God or 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, elements and all floors cleaned alterations, improvements or additions which Sublessee is not required to remove pursuant to the terms of this Sublease. Sublessee shall professionally clean the Sublease Premises prior to surrender thereof to Sublessor. Sublessee agrees to repair any damage to the Sublease Premises, or the building of which the Sublease Premises are a part, caused by or related to the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, signs, furniture, movable partitions or permanent improvements or additions which Sublessor allows or requires Sublessee to remove, including, without limitation, repairing the floor and waxed, all patching and/or painting the walls where required by Sublessor to the reasonable satisfaction of LandlordSublessor and/or Master Lessor, all at Sublessee's sole cost and expense. 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 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 Sublessee shall indemnify Landlord Sublessor against any loss or liability resulting from delay by Tenant Sublessee in so surrendering the Sublease Premises, including including, without limitation, any claims made by the Master Lessor and/or any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to Such indemnity obligation shall survive the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner earlier termination of the Lease termthis Sublease.
Appears in 1 contract
Sources: Sublease Agreement (Covad Communications Group Inc)
Surrender. Tenant shall10.1 On the Expiration Date, or upon expiration or sooner the earlier termination of --------- this Leasethe Sublease or of Subtenant’s right to possession of the Premises, Subtenant must at once surrender and deliver up the Premises Premises, together with all improvements thereon, to Landlord Sublandlord in the same good condition as existed on the date Tenant originally took possession thereof (and repair, reasonable wear and tear excepted; conditions existing because of Subtenant’s failure to perform maintenance, repairs or replacements as required of Subtenant under this Sublease will not be deemed “reasonable wear and damage due to causes beyond tear.”
10.2 Subtenant shall remove at the reasonable control expiration or earlier termination 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 Term any Subtenant Alterations that Master Landlord requires be removed from the Premises in operating order and in good repairrestore the Premises to the condition existing on the Commencement Date, or such earlier date that the Premises were delivered to Subtenant, and shall repair any and all floors cleaned and waxed, all damage to the reasonable satisfaction Premises resulting from the removal of LandlordSubtenant’s Property therefrom and shall remove Subtenant’s articles of personal property and fixtures incident to Subtenant’s business (“Subtenant’s Property”) therefrom. Tenant All other Subtenant Alterations in or upon the Premises made by Subtenant will become a part of and will remain upon the Premises upon such termination without compensation, allowance or credit to Subtenant. Subtenant shall at repair any damage occasioned by such time also surrender to removal of the Subtenant Alterations or Subtenant’s Property, which obligation will survive termination of this Sublease. If Master Landlord such alterations (to the Premises) as Landlord requires removal of any Subtenant Alterations, or a portion thereof, and Subtenant does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenantsuch, or Subtenant does not remove Subtenant’s Property from the Premises on or before the expiration Expiration Date or sooner the earlier termination of this LeaseSublease, shall Sublandlord may remove all of its personal property the same (and trade fixtures from the Premisesrepair any damage occasioned thereby), and all property not so removed dispose thereof, or at its election, remove and/or store the same. Subtenant shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for pay the reasonable costs of removal such removal, repair and/or storage on demand, and/or Sublandlord may treat any Subtenant’s Property as having been conveyed to Sublandlord with this Sublease acting as a ▇▇▇▇ of sale therefor, without further payment or credit by Sublandlord to Subtenant.
10.3 Subtenant will not be required to remove any alterations or improvements made by Sublandlord. If Sublandlord is required under the Master Lease to remove any such abandoned trade fixtures alterations or equipment improvements, Subtenant must permit Sublandlord to enter the Premises for a reasonable period of Tenanttime, or subject to such conditions as Subtenant may reasonably impose, for the purpose of any removing such alterations Tenant fails to remove if so and improvements and restoring the Premises as required by Landlordthe Master Lease.
10.4 At the end of the Term of this Sublease, together unless Subtenant has entered into a direct lease with the cost of returning Master Landlord covering 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 commence immediately following the expiration or sooner earlier termination of this Leasethe Sublease, Tenant shall indemnify 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, losses Subtenant must surrender to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All Sublandlord all keys to the Premises or any part thereof shall be surrendered and make known to Landlord upon expiration or sooner termination Sublandlord the combination of all combination locks that Subtenant is permitted to leave on the Lease termPremises.
Appears in 1 contract
Surrender. Tenant shall, upon Upon the expiration or sooner earlier termination of --------- this LeaseLease for any reason, Tenant shall surrender the Premises to Landlord in the same its condition existing as existed on of the date Tenant originally took Landlord delivers possession thereof (reasonable of the Premises to Tenant, normal wear and tear and damage due to causes beyond the reasonable control of Tenant by fire or other casualty excepted) , with all interior walls cleanedrepaired if damaged, all interior painted surfaces repainted in the original color, if necessarybroken acoustical ceiling tiles replaced, all holes windows washed, the plumbing and electrical systems and lighting in walls repairedgood order and repair, all carpets shampooed and cleanedincluding replacement of any burned out or broken light bulbs or ballasts, all the HVAC equipment servicing only the Premises in operating order serviced and in good repairrepaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises and the Project all of Tenant’s trade fixtures, furniture, moveable equipment and other personal property, and any Work which Landlord elects to be removed pursuant to Section 5.D, and shall restore the Premises to their condition prior to their installation, including, without limitation, repairing all damage caused by the installation or removal of any of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (a) conveyed such time also surrender property to Landlord without compensation or (b) abandoned such alterations (property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to the Premises) as Landlord does not require claim from Tenant all expenses arising out of Tenant’s failure to remove in accordance with Paragraph 7.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the Premisesproperty, and all without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property not so removed shall be deemed abandoned by Tenant. abandoned, Tenant shall be liable to Landlord for the costs of of: (i) removal of any such abandoned trade fixtures Work or equipment personal property, (ii) storage, transportation, and disposition of Tenantthe same, or and (iii) repair and restoration of any alterations Tenant fails to remove if so required by Landlordthe Premises, together with interest thereon at the cost of returning the Premises to its condition as of Interest Rate from the date Tenant originally took possession thereofof expenditure by Landlord. In addition, and the transportation and storage costs of such items. If if the Premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall indemnify Landlord against all loss or liability liability, including reasonable attorneys’ fees and costs, resulting from delay by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease term.
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Sources: Lease (Pericom Semiconductor Corp)
Surrender. Tenant shall, upon expiration or sooner termination of --------- this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and tear 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 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 before Upon 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 earlier termination of this Lease, Tenant shall indemnify peaceably leave and surrender the Leased Premises or Affected Premises, as is applicable, to Landlord against loss in the same condition in which the Leased Premises or liability resulting Affected Premises, as applicable, was at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and tear and damage from delay any Casualty or Condemnation excepted; provided, however, that with respect to any Casualty Tenant has paid to Landlord the deductible under Paragraph 16(a)(i) or, if applicable, Landlord has received the Termination Amount. Upon such surrender, Tenant shall (a) remove from the Leased Premises or Affected Premises, as applicable, Tenant’s Property and Alterations required to be removed pursuant to Paragraph 13 hereof, and (b) repair any damage caused by such removal. Property not so removed shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises or Affected Premises, as applicable. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises or Affected Premises, if applicable, caused by such removal shall be paid by Tenant in so surrendering the Premises, including without limitation, any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration demand. Landlord shall not in any manner or sooner termination to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26. Notwithstanding anything to the Lease termcontrary in this Lease, Tenant shall be under no obligation to patch, repair or replace finish work, such as wallcoverings, paint and carpeting, or to patch, repair or cover holes in the walls or floor left by the removal of any Alteration or Tenant’s property to the extent such removal was performed in a reasonable or normal manner.
Appears in 1 contract
Surrender. Tenant Subtenant shall, upon expiration on or sooner termination before the Expiration Date, remove all personal property, furniture, trade fixtures and other equipment, provided that the removal of --------- this the same does not adversely affect the Building structure or any Building operating system or is not prohibited by the Master Lease, surrender and that Subtenant promptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event that Subtenant fails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the Subdemised Premises after the Expiration Date shall be deemed abandoned and Sublandlord may dispose of such items as it sees fit, without liability to Landlord Subtenant. Subtenant shall also be responsible for the removal, on or before the Expiration Date, of all alterations as required under the Master Lease installed by Subtenant pursuant to this Sublease and shall be responsible for any associated repair or restoration of the Subdemised Premises required under the Master Lease. In all other respects, Subtenant shall deliver the Subdemised Premises broom clean, in the same its condition as existed on of the date Tenant originally took possession thereof (Commencement Date, reasonable wear and tear and damage due to causes beyond casualty excepted. In no event shall Subtenant remove any of the reasonable control of Tenant excepted) with all interior walls cleanedplumbing, all interior painted surfaces repainted in the original colorelectrical, 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 repairdata lines, and HVAC system(s), except as otherwise required pursuant to this Section 4.2. Subtenant shall vacate and deliver possession of the Subdemised Premises free of all floors cleaned liens, charges or encumbrances resulting from any act or omission on Subtenant’s part, and waxedfree and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other agency or authority by reason of Subtenant’s actions or failures to fulfill any of its obligations under this Sublease (“Violations”). Subtenant shall indemnify Sublandlord against any and all to the reasonable satisfaction loss, expense, damage, costs or attorneys’ fees arising out of Landlord. Tenant shall at such Violations occurring any 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 before after the expiration Commencement Date. The voluntary or sooner termination other surrender of this LeaseSublease by Subtenant, or a mutual cancellation thereof, shall remove not automatically terminate any sub-subleases or sub-subtenancies or other agreements by which Subtenant has granted rights to third parties to 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 indemnify 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, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease termSubdemised Premises, but shall, at the option of Sublandlord, either (1) terminate all or any existing sub-subleases or sub-subtenancies or such other agreements, or (2) operate as an assignment to Sublandlord of any or all such sub-subleases or sub-subtenancies or such other agreements.
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Sources: Sublease Agreement (Surebeam Corp)