Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 4 contracts
Sources: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 4 contracts
Sources: Lease Agreement (Perclose Inc), Lease Agreement (FSP 50 South Tenth Street Corp), Lease Agreement (Murdock Group Career Satisfaction Corp)
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, removing and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in good condition, except an amount equal to twice the Minimum Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior the month immediately prior to the expiration or termination of this Lease, the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Property Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment time by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovereither party.
Appears in 3 contracts
Sources: Office Lease (Loudeye Technologies Inc), Office Lease (Microvision Inc), Office Lease (Microvision Inc)
Surrender. (a) On Provided that Lessee does not exercise the date on which this Lease expires or terminatespurchase option as set forth in Paragraph 27 hereof, Tenant shall return possession upon the expiration of the Premises Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination Paragraph 21 of this Lease, Tenant Lessee, at its expense, shall remove from return all, but not less than all, of the Property all furnitureEquipment by delivering it to such place or on board such carrier, trade fixturespacked for shipping, equipmentas Lessor may specify. Lessee agrees that the Equipment, wiring when returned, shall be in the same condition as when delivered to Lessee, reasonable wear and cabling (unless Landlord directs Tenant otherwise)tear excepted, and all other personal property installed in a condition which will permit Lessor to be eligible for Manufacturer's standard maintenance contract without incurring any expense to repair or rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is received and accepted at the destination designated by Tenant Lessor as set forth above. If any items of Equipment are missing or its assignees damaged when returned, such occurrence shall be treated as an event of Loss or subtenants. Tenant shall repair any damage resulting from Damage with respect to such removal missing or damaged items and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of this Lease (unless clearly inapplicable)Maintainability from the Manufacturer of the Equipment, except which letter shall state that the Monthly Rent shall Equipment will be double the Monthly Rent payable eligible for the last full month immediately preceding Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the holdoverEquipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. No holdover or payment by Tenant after Should Lessee fail to comply with the provisions described above covering surrender, upon expiration or termination of the Initial Term, the term of this Lease shall operate to extend be automatically extended for a term of 3 months. Thereafter, the Term or prevent Landlord from immediate recovery term of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease will be extended for subsequent full month periods, on a month to the contrary notwithstandingmonth basis, any holdover by Tenant shall constitute a default on the part until Lessee has given at least 90 days written notice terminating this Lease. Such termination will take effect upon completion of Tenant all Lessee's obligations under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure (including payment of all periodic rental payments due during such 90 day period, all as provided in Paragraph 9 of this Lease). At any time after the expiration of the remedies available Initial Term, if this Lease has been automatically extended as set forth herein. Lessor reserves the right to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverterminate this Lease by 30 days written notice to Lessee.
Appears in 3 contracts
Sources: Master Lease Agreement (Spar Group Inc), Master Lease Agreement (Spar Group Inc), Master Lease Agreement (Spar Group Inc)
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant Improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its trade fixtures and personal property within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days' notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlords' costs for storing, removing and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in good condition, except an amount equal to twice the Minimum Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior the month immediately prior to the expiration or termination of this Lease, the Term for the entire time Tenant thus remains in possession and Tenant shall remove hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Property Premises, including, without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment time by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovereither parry.
Appears in 3 contracts
Sources: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)
Surrender. (a) On the last day of the Term, or on the sooner termination thereof, Tenant will peaceably surrender the Premises in good condition and repair (ordinary wear and tear and damage by casualty excepted), consistent with Tenant's duty to make repairs as herein provided. Tenant will give written notice to Landlord at least 30 days prior to vacating the Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Premises. On or before the last day of the Term, or the date on which of sooner termination thereof, Tenant may, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises and repair all damage to the Premises caused by such removal. All property not removed will be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all property of Tenant not so removed from the Premises upon termination of this Lease expires and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or terminatesloss thereof, nor will Landlord be liable in any manner in respect thereto. Tenant shall return possession will reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal, transportation or storage of abandoned property and with respect to restoring such Premises to good order, condition and repair. All Leasehold Improvements and any other modifications, improvements, alterations, additions and fixtures, other than Tenant's trade fixtures and equipment, which have been made or installed by either Landlord or Tenant upon the Premises, will become the property of Landlord on the last day of the Term or sooner termination thereof and will be surrendered with the Premises as a part thereof. Tenant will promptly surrender all keys for the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to at the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable place then fixed for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Rent and will inform Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingcombinations on any vaults, any holdover by Tenant shall constitute a default locks and safes left on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverPremises.
Appears in 3 contracts
Sources: Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp)
Surrender. (a) On 17.1 Tenant shall, on the date on which this Lease expires last day of the Term, or terminatesupon the sooner termination of the Term, quit and surrender to Landlord the Premises vacant, free of all equipment, furniture and other personal property, and in good order and condition, reasonable wear and tear excepted, and Tenant shall return remove or demolish all of the fixtures, structures and other improvements which Landlord shall elect pursuant to and in accordance with Section 6.4 hereof. Any property not so removed shall become the property of Landlord, and Landlord may cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition and of repairing any damage caused by such removal shall be borne by Tenant. Tenant’s obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
17.2 Tenant acknowledges that possession of the Premises must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the term of this Lease. Prior Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such failure or delay. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord upon the expiration or sooner termination of the term of this Lease, then Tenant shall remove from pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Property all furniturePremises after the expiration or sooner termination of the term of this Lease, trade fixturesin addition to any sums payable pursuant to the foregoing indemnity, equipment, wiring and cabling a sum equal to one hundred-fifty percent (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants150%) the aggregate of the Rent which was payable under this Lease with respect to the last month of the term hereof. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required Nothing herein contained shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may to permit Tenant to retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or sooner termination of the term of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by If Tenant holds over in possession after the expiration or termination of this Lease the term of the Lease, such holding over shall operate not be deemed to extend the Term term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to at the contrary notwithstanding, any holdover by Tenant Rent as herein increased. This provision shall constitute a default on survive the part expiration or earlier termination of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 3 contracts
Sources: Master Lease Agreement (ITT Corp), Master Lease Agreement (Xylem Inc.), Master Lease Agreement (Xylem Inc.)
Surrender. (a) On the date on which this Lease expires or terminatesExpiration Date, Tenant shall return possession of surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to Landlord remove as expressly set forth above) in good a first class and clean condition, except for ordinary less any normal wear and tear, free of trash and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination debris including cleaning of this Lease, Tenant all flooring; all walls shall remove from the Property be patched and painted; all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property signage installed by Tenant on any portion of the Buildings or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required Project shall be deemed abandonedremoved and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property lighting fixtures shall be in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord good operating condition; all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, roof penetrations arising from Tenant’s occupancy of the Premises shall be that of in a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)watertight condition; and all doors, except that the Monthly Rent windows, locks, and hardware shall be double in operable condition upon the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease Lease. Tenant shall operate to extend the Term or prevent Landlord from immediate recovery of possession additionally, as of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingExpiration Date, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, remove all of Tenant’s Personal Property and perform all repairs and restoration required by the remedies available to Landlord in the event removal of a Tenant defaultany Alterations or Tenant’s Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. Tenant will be liable to Landlord for Landlord’s costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant’s Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall indemnify, defend, and hold Landlord harmless from and against all liabilities, damages, losses, costs, expenses, attorneys’ fees and claims resulting from such failure, including consequential damages, that Landlord suffers as without limitation any claim for damages made by a result of the holdoversucceeding tenant.
Appears in 3 contracts
Sources: Office Lease Agreement (Smartsheet Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp), Office Lease Agreement (Somaxon Pharmaceuticals, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 3 contracts
Sources: Lease Agreement (Trintech Group PLC), Lease Agreement (Blue Martini Software Inc), Lease Agreement (Trintech Group PLC)
Surrender. (a) On Except as otherwise provided in Section 2(c) or 14(b), upon the date expiration or other termination of the Term, Tenant shall, without notice from Landlord, quit and surrender to Landlord the Premises, vacant, broom-clean, and (subject to the provisions of Article 8 hereof) in substantially the same condition and repair as on the Commencement Date, reasonable wear and tear and damage which this Lease expires or terminatesLandlord is obligated to repair hereunder excepted, and shall surrender possession of the Leased Equipment to Landlord in substantially the same order and repair as on the Commencement Date, reasonable wear and tear excepted. In addition, Tenant shall return possession remove all of its personal property located at or in the Premises or elsewhere in the Building. Any damage caused to the Premises or any other portions of the Premises Building as a result of the removal of Tenant’s personal property shall be repaired by Tenant at its sole cost and expense. Tenant’s obligation to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage observe or other conditions that Tenant is not required to remedy under perform this Lease. Prior to covenant shall survive the expiration or sooner termination of the Term.
(b) Except for any applicable transition periods pursuant to the Transition Rights, which for purposes of this Section 18(b) shall not be considered a hold over by Tenant, if Tenant shall hold over and remain on the Premises or fail to remove any of its personal property beyond the expiration or earlier termination of this Lease, Tenant such holding over shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination be an extension of this Lease, and, in addition to any rights Landlord may have under the terms of this Lease, or at law or in equity, Landlord shall be entitled to recover any and all damages (including, without limitation, any out-of-pocket costs associated with any repairs, replacements, removal of property or other similar costs, but excluding any special, indirect, consequential or exemplary damages and any loss of business or profits, whether or not foreseeable) suffered by Landlord as a result of Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant defaultholding over, and Tenant shall also be liable obligated to pay to Landlord a per diem amount based on an annual rate equal to two hundred percent (200%) of the Base Rent payable on the date immediately preceding such holdover for all each day thereafter that Tenant remains in occupancy of the Premises. Subject to the parenthetical in the immediately preceding sentence regarding the scope of damages, including consequential damagesTenant shall indemnify and hold Landlord harmless from any liability, that Landlord suffers as a result loss, costs and expenses, including, but not limited to reasonable attorneys’ fees, arising out of the holdoversuch holding over by Tenant.
Appears in 2 contracts
Sources: Master Agreement (Westwood One Inc /De/), Lease (Westwood One Inc /De/)
Surrender. (a) On Section 16.1. Tenant shall, on the last day of the Term, or upon the sooner termination of the Term, quit and surrender to Landlord the Premises vacant, free of all equipment, furniture and other movable personal property of Tenant, and in the same good order and condition as on the Commencement Date, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.7 hereof. Tenant's obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term.
Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date on which this Lease expires or terminates, of termination.
Section 16.3. Tenant shall return acknowledges that possession of the Premises must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the term of this Lease. Prior Tenant agrees to the expiration indemnify Landlord against and save Landlord harmless from all costs, claims, loss or termination of this Lease, Tenant shall remove liability excluding consequential damages) resulting from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed failure or delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such failure or its assignees or subtenantsdelay. Tenant shall repair any The parties recognize and agree that the damage to Landlord resulting from such removal and shall restore the Property any failure by Tenant to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord in upon the condition required under this Leaseexpiration or sooner termination of the Term, then Tenant shall pay Landlord to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to the higher of the then fair market rental value of the Premises, taking into account the effect of all resulting damages Landlord may suffer.
material factors reasonably relevant to such determination, or one and one-half (b1 1/2) If times the aggregate of the Fixed Rent which was payable under this Lease with respect to the last month of the Term hereof. Nothing herein contained shall be deemed to permit Tenant remains in to retain possession of the Premises after the expiration or sooner termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willTerm. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by If Tenant holds over in possession after the expiration or termination of this Lease the Term, such holding over shall operate not be deemed to extend the Term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession this Lease at the Fixed Rent as herein increased. Tenant hereby waives the benefit of any law or statute in effect in the state where the Premises by summary proceedings is located which would contravene or otherwise. Any provision limit the provisions set forth in this Lease to Section 16.3. This provision shall survive the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part expiration or earlier termination of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 2 contracts
Sources: Lease Agreement (Marketing Specialists Corp), Lease Agreement (Marketing Specialists Corp)
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a janitorial clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord’s option, title shall pass to remedy Landlord under this LeaseLease as by a ▇▇▇▇ of sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including reasonable storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within fifteen (15) days after receipt of Landlord’s statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 13.1 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant’s occupancy failure to give such notice or to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, repairs and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrestoration hereunder.
Appears in 2 contracts
Sources: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repair, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Article 6 (Tenant Improvements & Alterations), and Landlordrepair any damage caused to the Premises or the Property by such removal. If such removal is not completed before the expiration or termination of the Term, at Tenant’s expenseLandlord shall have the right (but no obligation) to remove the same, may remove, store, sell and Tenant shall pay Landlord on demand for all costs of removal and storage thereof. Landlord shall also have the right to retain or otherwise dispose of all or any portion of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If if Tenant does not return possession pay all such costs and retrieve the property within ten days after written notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises (and any other part of the Property for which Tenant has keys) and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. The delivery of keys to the Premises to Landlord in or any agent or employee of Landlord shall not constitute a surrender of the condition required under Premises or effect a termination of this Lease, Tenant whether or not the keys are retained by Landlord. Tenant’s obligations under this Section shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease Agreement (LendingClub Corp), Lease Agreement (LendingClub Corp)
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a broom clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a b▇▇▇ of sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenants failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable 's liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant repairs and restoration under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 2 contracts
Sources: Office Lease (Dimensional Visions Inc/ De), Office Lease (Dimensional Visions Inc/ De)
Surrender. (a) On the date on which this Lease expires A. Upon any termination or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from surrender the Property all furnitureDemised Premises in the same condition as existed at the Commencement Date, trade fixturesexcept for normal wear and tear and damage caused by the fire or other casualty; provided, equipmenthowever, wiring and cabling (unless Landlord directs Tenant otherwise), and all that nothing in this Paragraph 31 is intended to change or diminish Tenant's obligations under any other personal property installed by Tenant or its assignees or subtenantspart of this Lease. Tenant shall repair any remove the Alterations it is required to remove pursuant to the terms of Paragraph 8 hereof. Any damage to the Demised Premises resulting from the removal of such removal Alterations shall be repaired by Tenant at Tenant's expense. If the Demised Premises be not surrendered as above set forth, Tenant shall indemnify, defend and shall restore hold Landlord harmless against loss or liability resulting from the Property to good order and conditiondelay by Tenant in so surrendering the Demised Premises, including, without limitation any claim made by any succeeding occupant founded on such delay. Any All property of Tenant’s personal property Tenant not removed on or before the last day of the term of this Lease (subject to Tenant's right to occupy the Demised Premises following expiration of the term of this Lease as required set forth in Paragraph 30 hereof) or within fifteen (15) days thereafter shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose . Tenant hereby appoints Landlord its agent to remove all property of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of from the Demised Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or upon termination of this Lease shall operate and to extend cause its transportation and storage for Tenant's benefit, all at the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part sole cost and risk of Tenant under this Lease entitling and Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall not be liable for damage, theft, and misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all damagescosts and expenses of such removal, including consequential damagestransportation and storage. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal or storage of abandoned property and with respect to restoring said Demised Premises to good order, that Landlord suffers as a result of the holdovercondition and repair.
Appears in 2 contracts
Sources: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furnitureTenant's personal property, trade fixtures, equipment, wiring Trade Fixtures and cabling (unless Alterations that Tenant has the right or is required by Landlord directs Tenant otherwise)to remove under the provisions of this Lease, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after receipt of notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Tern through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlords notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any derange or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease Agreement (BioElectronics Corp), Lease Agreement (BioElectronics Corp)
Surrender. (a) On the date on which last day of the term of this Lease expires Lease, including any option term, or terminatesupon the sooner termination thereof, Tenant shall return possession peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises, shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Premises term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the prime interest rate established by U.S. Bank National Association or its successors or assigns. The delivery to Landlord in good condition, except at the place then fixed for ordinary wear the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and tear, and except for casualty damage or other conditions that Tenant is acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not required constitute a waiver of any rights to remedy recover damages under terms of this Lease. Prior This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the expiration or contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant shall remove then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)payment of damages, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, Landlord may remove, store, sell or otherwise dispose retain possession of such property until payment in such manner as Landlord may see fit and/or Landlord may retain full of said amounts. Said lien shall not be defeated by placing such property or sale proceeds as its propertyin storage. If Tenant does has not return possession redeemed said property within ninety (90) days after the termination of the Premises to Landlord in the condition required under this said Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration sell such property at public or termination of this Lease, private sale without further notice to Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverto Landlord.
Appears in 2 contracts
Sources: Lease Agreement (Mentor Corp /Mn/), Lease Agreement (Mentor Corp /Mn/)
Surrender. (a) On the date on which this Lease expires Expiration Date or terminatesupon the termination hereof upon a day other than the Expiration Date, Tenant shall return possession peaceably surrender the Premises broom-clean in good order, condition and repair, reasonable wear and tear only excepted. On or before the last day of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage Term or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or sooner termination of this Leasethereof, Tenant shall at its expense remove all of its furnishings, equipment and other personal property from the Property Premises, repairing any damage caused thereby, and any property not so removed shall be deemed abandoned. At the election of Landlord, all furniturealterations, additions and fixtures, other than Tenant’s trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property which have been made or installed by either Landlord or Tenant upon the Premises shall remain as Landlord’s property and shall be surrendered with the Premises as a part thereof, or its assignees Landlord may require removal of the same at the end of the Term or subtenants. upon the sooner termination thereof, in which event Tenant shall repair any damage caused thereby. If the Premises are not vacated and surrendered at the end of the Term or sooner termination thereof, Tenant shall indemnify Landlord against any and all loss, cost, damage, liability and expense resulting from delay by Tenant in so vacating and surrendering the Premises, including, without limitation, claims made by any succeeding tenant founded on such removal and delay, which indemnity obligation shall restore survive the Property to good order and conditionexpiration or earlier termination of this Lease Agreement. Any of Tenant’s personal property not removed as required Tenant shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of promptly surrender all keys for the Premises to Landlord in the condition required under this Lease, Tenant and shall pay inform Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject combinations to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default locks and/or safes on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverPremises.
Appears in 2 contracts
Sources: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)
Surrender. (a) On Upon the date on which this Lease expires or terminates, Tenant shall return possession expiration of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage Lease Term or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall quit and surrender to Landlord the Leased Premises, broom clean and in good order, condition and repair and otherwise in the condition and in a state of repair consistent with the requirements specified in Section 9(b) above, ordinary wear and tear and acts of Casualty Damage which Landlord is obligated to repair or replace excepted; provided, that Tenant shall remove from its personal property and any property affixed to the Property all furnitureLeased Premises or improvements, trade fixtures, equipment, wiring and cabling (unless additions or alterations to the Leased Premises which Landlord directs Tenant otherwise), to remove and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from to the Building caused by such removal and removal. If Tenant shall restore the Property fail to good order and condition. Any remove any property or improvements, additions or alterations that it is obligated to remove, Landlord may cause all or any item of Tenant’s personal such property not or improvements, additions or alteration to be removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose . Tenant hereby agrees to pay all costs and expenses of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession any removal and of the repair of any damage to the Leased Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after caused by such removal. On the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject Tenant shall, in addition to the provisions of this Lease (unless clearly inapplicable)foregoing, except that deliver to Landlord all keys and combinations to locks, safes and vaults. Any and all property remaining on the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant Leased Premises after the expiration of the Lease Term or earlier termination of this Lease shall, at the option of Landlord, become the property of Landlord and Landlord may dispose of and/or remove any such property without any liability whatsoever to Tenant. Tenant’s obligation to observe and perform these covenants shall operate to extend survive the expiration of the Lease Term or prevent Landlord from immediate recovery earlier termination of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 2 contracts
Sources: Lease (Aqua Power Systems Inc.), Lease (Dirtt Environmental Solutions LTD)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage damage, acts of Landlord or its Agents or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Surrender. (a) On the date on which this Lease expires or terminatesExpiration Date, Tenant shall return possession of surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to Landlord remove as expressly set forth above) in good a first class and clean condition, except for ordinary less any normal wear and tear, free of trash and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination debris including cleaning of this Lease, Tenant all flooring; all walls shall remove from the Property be patched and painted; all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property signage installed by Tenant on any portion of the Buildings or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required Project shall be deemed abandonedremoved and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property lighting fixtures shall be in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord good operating condition; all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, roof penetrations arising from Tenant’s occupancy of the Premises shall be that of in a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)watertight condition; and all doors, except that the Monthly Rent windows, locks, and hardware shall be double in operable condition upon the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease Lease. Tenant shall operate to extend the Term or prevent Landlord from immediate recovery of possession additionally, as of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingExpiration Date, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, remove all of Tenant's Personal Property and perform all repairs and restoration required by the remedies available to Landlord in the event removal of a Tenant defaultany Alterations or Tenant's Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Alterations or Tenant's Personal Property. Tenant will be liable to Landlord for Landlord's costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant's Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall indemnify, defend, and hold Landlord harmless from and against all liabilities, damages, losses, costs, expenses, attorneys' fees and claims resulting from such failure, including consequential damages, that Landlord suffers as without limitation any claim for damages made by a result of the holdoversucceeding tenant.
Appears in 2 contracts
Sources: Office Lease Agreement (Evoke Pharma Inc), Office Lease Agreement (Adamis Pharmaceuticals Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal,storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets, and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, . Landlord’s initials Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.initials
Appears in 2 contracts
Sources: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good good, broom-clean condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by or on behalf of Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property Premises to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyaccordance with California law. If Tenant ▇▇▇▇▇▇ does not return possession of the Premises Property to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant▇▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be month-to-month tenancy, subject to the provisions of this Lease (unless clearly inapplicable), ) except that the Monthly Base Rent shall be double 200% of the Monthly Base Rent payable for the last full month immediately preceding the holdoverholdover and Tenant shall continue to pay Operating Expenses. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant without Landlord’s consent shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good conditionthe same condition as delivered to Tenant, except for ordinary wear and tear, except for Alterations not required to be removed by Tenant by the terms of this Lease, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order the same condition as delivered to Tenant, normal wear and conditiontear excepted. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly monthly installment of Minimum Annual Rent shall be double (i) 125% of the Monthly monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdoverholdover for the first 1 month of such holdover period, (ii) 150% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover for the subsequent month of such holdover period, and (iii) 200% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover thereafter. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover. At Tenant’s advance written request, Landlord agrees to give Tenant thirty (30) days’ prior written notice of any prospective damages that may arise from such holdover, including as a result of an executed lease for all or part of the Premises after the Term.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
Surrender. (a) On Upon the date on which this Lease expires or terminates, Tenant shall return possession expiration of the Premises to Landlord in good conditionLease Term, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to upon the expiration or earlier termination of this Lease, Tenant shall remove from vacate and surrender the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Leased Premises to Landlord in first class condition and repair and in full compliance with the maintenance, repair and replacement provisions of this Lease. In any event, Tenant shall cause the following to be done prior to the expiration or the sooner termination of this Lease:
a. all interior walls shall be painted or cleaned so that they appear freshly painted;
b. all non-carpeted floor coverings shall be cleaned and waxed to the extent they are in first class condition;
c. to the extent non-carpeted floor coverings are not in first class condition, said floor coverings shall be repaired or replaced, as necessary;
d. all carpets not in first class condition shall be cleaned and shampooed to the extent necessary to place them in first class condition as reasonably determined by Landlord;
e. to the extent cleaning and shampooing does not place the carpets in first class condition as reasonably determined by Landlord, such carpets shall be replaced, to the extent necessary, with neutral carpets of equal or better quality;
f. all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; and
g. all windows shall be washed. If Landlord so requests, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any Alterations which Tenant is required under to remove pursuant to Section 11 and repair all damage caused by such removal. If the Leased Premises are not so surrendered upon the expiration or sooner termination of this Lease, Tenant shall pay be liable to Landlord for all resulting damages costs incurred by Landlord may suffer.
(b) If Tenant remains in possession of conforming the Leased Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)required condition, except that plus interest on all such costs at the Monthly Rent Default Rate. Tenant shall be double indemnify Landlord against loss or liability to the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment extent resulting from delay by Tenant after in so surrendering the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises Leased Premises, including, without limitation, any claims made by summary proceedings or otherwise. Any provision in this Lease any succeeding tenant to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord extent related to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoversuch delay.
Appears in 2 contracts
Sources: Lease (Speedfam Ipec Inc), Lease Agreement (Novellus Systems Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of surrender the Premises to Landlord in the condition in which the Premises were originally received from Landlord, except as repaired, rebuilt, restored, altered or added to as permitted or required under this Lease, hereby and except for ordinary wear and tear. Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of remove from the Premises after the on or prior to such expiration or termination all property situated thereon which is not owned by Landlord and shall repair any damage caused by such removal. Property not so removed shall become the property of this LeaseLandlord, Tenant’s occupancy of and Landlord may cause such property to be removed from the Premises and disposed of, but the cost of any such removal and disposition and of repairing any damage caused by such removal shall be that borne by Tenant. Landlord shall credit the net proceeds of a tenancy at willdisposition of such property actually realized by Landlord against such costs to be borne by Tenant, provided that the Lease termination giving rise to such disposition was not caused by an Event of Default hereunder. Tenant’s occupancy during any holdover period shall otherwise be subject to In the provisions of event that this Lease is terminated with respect to a particular Project (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers either as a result of a default, or the holdoverexpiration hereof, or otherwise) Landlord shall remove all of Tenant's Personal Property. However, notwithstanding the foregoing, Landlord shall be allowed (and Tenant hereby grants to Landlord the option) to purchase such Tenant's Personal Property from Tenant for an amount equal to the fair market value of Tenant's Personal Property. Tenant's Personal Property shall only be deemed to be retained by Landlord if Landlord specifically elects to retain the same by written notice to Tenant. If Tenant abandons Tenant's Personal Property, it shall become the property of Landlord as outlined above. The fair market value of the Tenant's Personal Property shall be determined by the mutual agreement of Landlord and Tenant, and if the parties cannot agree, by appraisal by an unrelated third-party appraiser. The provisions of this Section shall survive the termination or expiration of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Maxxam Inc), Lease Agreement (Maxxam Inc)
Surrender. (a) On Tenant shall, at the date on which expiration of the Term, promptly quit and surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease expires Lease, excepting only reasonable wear and tear and damage by fire or terminates, other insured casualty. Tenant shall return have no right to hold over beyond the expiration of the Term and in the event Tenant shall fail to deliver possession of the Premises as herein provided, such occupancy shall not be construed to effect or constitute other than a tenancy at sufferance. During any period of occupancy beyond the expiration of the Term the amount of rent owed to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions by Tenant shall automatically become two hundred percent (200%) the sum of the Rent as those sums are at that Tenant is not required to remedy time calculated under this the provisions of the Lease. Prior If Tenant fails to surrender the space within thirty (30) days of the termination date, Landlord may elect to automatically extend the Term for an additional month or additional year, at Landlord's option, with a Rent of two hundred percent (200%) the sum of the Rent as those sums are at that time calculated under the provisions of the Lease. The acceptance of rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or sooner termination of this Lease, the Term shall not create any tenancy rights in Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed any such payments by Tenant or may be applied by Landlord against its assignees or subtenants. Tenant shall repair any damage resulting from such removal costs and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damagesexpenses, including consequential damages, that attorney's fees incurred by Landlord suffers as a result of such holdover. Landlord agrees to treat Tenant as a holdover (as opposed to a trespasser) so long as Landlord and Tenant are negotiating in good faith to extend the holdoverterm of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Immune Response Corp), Lease Agreement (Immune Response Corp)
Surrender. (a) On Sublessee shall at the date on which expiration or other termination of this Lease expires or terminatesSublease remove all Sublessee’s goods and effects from the Subleased Premises including, Tenant shall return possession without limitation, any furniture, fixtures, cabling and other equipment added to the Subleased Premises by Sublessee, and otherwise restore the Subleased Premises to its condition as of the Sublease Commencement Date, or such better condition as the Subleased Premises to Landlord in good conditionmay have thereafter been placed by Sublessee, except for ordinary wear and teartear and damage by fire or other casualty thereof only excepted. In the event of the Sublessee’s failure to remove any of Sublessee’s property from the Subleased Premises, Prime Landlord may proceed as permitted under the Sublease and/or Sublessor is hereby authorized, without liability to Sublessee for loss or damage thereto, and except for casualty damage at the sole risk of Sublessee, to remove and store any of the property at Sublessee’s expense, or other conditions that Tenant is to retain same under Sublessor’s control or to sell at public or private sale, without notice, any or all of the property not required so removed, or to remedy assign such rights to Prime Landlord, and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. In the event of such failure to vacate the Subleased Premises on the date and as provided herein, the Sublease Rent shall, immediately and without notice, accrue and be payable at a rate equal to two hundred (200%) percent of the Sublease Rent and additional last payable during the term hereof. Sublessee shall be liable for, and shall indemnify, defend and hold Sublessor harmless from and against all damages and holdover rental obligations payable by Sublessor to Prime Landlord under the Prime Lease by reason of such holdover. Sublessee’s obligations under this Lease. Prior to Section shall survive the expiration or earlier termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may sufferSublease.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 2 contracts
Sources: Sublease (Flex Pharma, Inc.), Sublease (Flex Pharma, Inc.)
Surrender. (a) On Upon the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall peaceably surrender the Property to Landlord in the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease and except for ordinary wear and tear. Tenant shall remove from the Property prior to such termination all furnitureits property that is capable of removal without causing damage to the Property, trade fixturesand, equipmentat Tenant's expense, wiring and cabling (unless Landlord directs Tenant otherwise)shall at such times of removal, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. Property not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed and disposition and the cost of repairing any damage caused by such removal shall be borne by Tenant. Notwithstanding anything to the contrary contained herein, upon termination of this Lease pursuant to a default by Tenant, the heating, ventilation and air conditioning systems shall remain on the Property and shall restore become the property of Landlord. Any holding over by Tenant of the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or earlier termination of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as a tenancy from month to month only, at one hundred fifty percent (150%) of the Basic Rent reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity. If Tenant fails to surrender the Property upon the termination or expiration of this Lease, Tenant’s occupancy of the Premises in addition to any other liabilities to Landlord accruing therefrom, Tenant shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)protect, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent defend, indemnity and hold harmless Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingall loss, costs, attorneys' fees, damages and liabilities resulting from such failure, including, without limitation, any holdover claims made by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord any succeeding tenant founded upon such failure to exercise, without obligation to provide Tenant surrender and any notice or cure period, all of the remedies available lost profits to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverresulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Source Interlink Companies Inc), Lease Agreement (Source Interlink Companies Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal,storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets, and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, . L▇▇▇▇▇▇▇’s initials Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.initials
Appears in 2 contracts
Sources: Lease Agreement (Sagimet Biosciences Inc.), Lease Agreement (Sagimet Biosciences Inc.)
Surrender. No later than the Expiration Date or earlier termination of Tenant’s right to possession of the Premises (a) On the date on which this Lease expires or terminates“Surrender Date”), Tenant shall return possession of must vacate and surrender the Premises to Landlord in good order and condition, except for ordinary wear and tearvacant, broom clean, and except for casualty damage or other conditions that Tenant is not required to remedy under in conformity with the applicable provisions of this Lease. Tenant has no right to hold over beyond the Surrender Date, and if Tenant does not vacate as required such failure is deemed an Event of Default and Tenant’s occupancy will not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the Surrender Date, the amount of monthly Rent owed by Tenant to Landlord shall be for an additional month at one hundred-fifty percent (150%) of the sum of the Rent as those sums are at that time calculated under the provisions of the Lease for the first five (5) months of such period and upon the sixth month of occupancy beyond the Surrender Date at two hundred percent (200%) of the sum of Rent as those sums are at that time calculated under the provision of the Lease, without prorating for any partial month of holdover. The provisions of this Section will not constitute a waiver by Landlord of any right of reentry as set forth in this Lease, nor will receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease. If Tenant fails to vacate and surrender the Premises as and when required, Tenant must indemnify, defend, and hold harmless Landlord from all costs, losses, expenses, or liabilities incurred as a result of such failure. Prior to the expiration Expiration Date or sooner termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlordright to possession of the Premises, at Tenant’s expenseexpense Tenant must remove from the Premises Tenant’s Property (it being understood that Tenant shall not be required to remove any wiring or cabling installed by Tenant, may removeto the extent the same is in good working order), store, sell and restore in a good and workmanlike manner any damage to the Premises and/or the Building caused by such removal or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession replace the damaged component of the Premises to Landlord in and/or the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall Building if such component cannot be that of a tenancy at willrestored as reasonably determined by Landlord. Tenant’s occupancy during any holdover obligation to pay Rent and to perform all other Lease obligations for the period shall otherwise be subject to through the provisions Surrender Date and the terms of this Lease (unless clearly inapplicable), except that Section survive the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverExpiration Date.
Appears in 1 contract
Sources: Lease (Adaptimmune Therapeutics PLC)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender to Landlord the Demised Premises, and all Tenant’s improvements thereto and alterations thereof, broom clean and in good condition (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant), and shall remove all of its personal property including any signs, notices and displays and any leasehold improvements required by Landlord to be removed. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal property, prior to the expiration of the Lease Term. If any such removal would damage the Demised Premises, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant’s expense or otherwise to require Tenant to post security for such restoration. Landlord may retain or dispose of in any manner any such improvements or alterations or personal property that Tenant does not remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other Demised Premises on expiration or termination of the Term as allowed or required by this Lease. Title to any such improvements or alterations or personal property installed by that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage or its assignees loss to Tenant arising out of Landlord’s retention or subtenantsdisposition of any such improvements, alterations or personal property. Tenant shall repair be liable to Landlord for Landlord’s costs of storing, removing and disposing of any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s improvements, alterations or 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 fails to surrender the Demised Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the on expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises as required by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingSection, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling indemnify, defend and hold 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 harmless from all damages, loss, cost and expense (including consequential damages, that Landlord suffers as a result attorneys’ fees) arising out of or in connection with Tenant’s failure to surrender the holdoverDemised Premises.
Appears in 1 contract
Surrender. (a) Section 21.01 On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any reentry by Landlord upon the Premises, Tenant shall return possession of shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good conditionorder, condition and repair except for ordinary wear wear, tear and teardamage by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant’s Property and all other personal property and personal effects of all persons claiming through or under Tenant, and except for casualty shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant’s property or other conditions that personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand.
Section 21.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not required to remedy a business day, then Tenant’s obligations under this Lease. Prior Section 21.01 shall be performed on or prior to the expiration or immediately preceding business day.
Section 21.03 If the Premises are not surrendered upon the termination of this Lease, Tenant shall remove hereby indemnifies Landlord against liability resulting from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant or its assignees or subtenants. Tenant shall repair any damage resulting from prospective tenant founded upon such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may sufferdelay.
(b) If Section 21.04 In the event Tenant remains in possession of the Premises after the expiration or termination of this Lease without the execution of a new lease, Tenant, at the option of the Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, at a monthly rental equal to 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 21.05 Tenant’s obligation under this Article shall survive the termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including the Tenant shall return possession of the Premises Improvement Work and Tenant's improvements and/or alterations installed pursuant to Landlord Article 7, in a janitorial clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a ▇▇▇▇ of sale. Prior Landlord may, however, elect to remove all or any part of such personal property from the Leased Premises, and the reasonable costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within 30 days after receipt of Landlord's statement. Upon the expiration or or-earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease, Tenant’s occupancy . Tenant shall give written notice to Landlord at least 30 days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at willdetermining Tenant's liability for repairs and restoration hereunder. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover16.
Appears in 1 contract
Sources: Lease Agreement (Suntek Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6,1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. On expiration or ten (a10) On days after termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession surrender the Premises and all Tenant's improvements and alterations to Landlord broom clean and in good condition. Tenant shall remove all of its Trade Fixtures and personal property, which personal property specifically includes all cabling installed in the Premises by Tenant (unless Tenant has received consent from Landlord that such cabling may be surrendered with and remain in the Premises), within the time period stated in this Section. Tenant, at its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by, the removal of its Trade Fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section 38. Landlord may, at its election, retain or dispose of in any manner any of Tenant's Trade Fixtures or personal property that Tenant does not remove from the Premises on expiration or within ten (10) days after termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such Trade Fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Trade Fixtures and personal property. Tenant shall be liable to Landlord for Landlord's reasonable costs for storing, removing and disposing of Tenant's Trade Fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in good condition, except an amount equal to 150% of the Base Monthly Rent applicable for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior the month immediately prior to the expiration or termination of this Leasethe Term, or the amount provided by law, whichever is greater, for the entire time Tenant thus remains in possession and Tenant shall remove be liable for, shall indemnify Landlord against and shall hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Property Premises, including without limitation, (i) any Rent in excess of 150% of Base Monthly Rent payable by, or any damages claimed by, any prospective tenant of any part or all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)of the Premises, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage (ii) Landlord's damages resulting from such removal and shall restore prospective tenant rescinding or refusing to enter into the Property to good order and condition. Any prospective lease of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell part or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession all of the Premises by reason of Tenant's failure to Landlord in timely surrender the condition required under this LeasePremises. If Tenant, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant without Landlord's prior consent, remains in possession of the Premises after the expiration or termination of the Term, or after the date in any notice given by Landlord to Tenant terminating this Lease, Tenant’s occupancy of the Premises such possession by Tenant shall be that of deemed to be a tenancy at will. Tenant’s occupancy during sufferance terminable at any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment time by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovereither party.
Appears in 1 contract
Sources: Lease Agreement (Lmi Aerospace Inc)
Surrender. (a) 10.1 On the date on which this Lease expires Expiration Date, or terminates, Tenant shall return upon the earlier termination of the Sublease or of Subtenant’s right to possession of the Premises Premises, Subtenant must at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord Sublandlord in good conditioncondition and repair, except for ordinary 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 tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to .”
10.2 Subtenant shall remove at the expiration or earlier termination of this Leasethe Term any Subtenant Alterations that Master Landlord requires be removed from the Premises and restore the Premises to the condition existing on the Commencement Date, Tenant or such earlier date that the Premises were delivered to Subtenant, and shall repair any and all damage to the Premises resulting from the removal of Subtenant’s Property therefrom and shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other Subtenant’s articles of personal property installed and fixtures incident to Subtenant’s business (“Subtenant’s Property”) therefrom. All other Subtenant Alterations in or upon the Premises made by Tenant Subtenant will become a part of and will remain upon the Premises upon such termination without compensation, allowance or its assignees or subtenantscredit to Subtenant. Tenant Subtenant shall repair any damage resulting from occasioned by such removal of the Subtenant Alterations or Subtenant’s Property, which obligation will survive termination of this Sublease. If Master Landlord requires removal of any Subtenant Alterations, or a portion thereof, and Subtenant does not remove such, or Subtenant does not remove Subtenant’s Property from the Premises on or before the Expiration Date or the earlier termination of this Sublease, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, remove and/or store the same. Subtenant shall restore pay the reasonable costs of such removal, repair and/or storage on demand, and/or Sublandlord may treat any Subtenant’s Property as having been conveyed to good order 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 alterations or improvements, Subtenant must permit Sublandlord to enter the Premises for a reasonable period of time, subject to such conditions as Subtenant may reasonably impose, for the purpose of removing such alterations and condition. Any of Tenant’s personal property not removed improvements and restoring the Premises as required shall be deemed abandonedby the Master Lease.
10.4 At the end of the Term of this Sublease, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as unless Subtenant has entered into a direct lease with Master Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of covering 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 commence immediately following the expiration or earlier termination of this Leasethe Sublease, Tenant’s occupancy of Subtenant must surrender to Sublandlord all keys to the Premises shall be and make known to Sublandlord the combination of all combination locks that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject Subtenant is permitted to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default leave on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverPremises.
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Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall, at Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest. Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
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Surrender. (a) On Immediately prior to the date on which this Lease expires expiration or terminates, Tenant shall return possession upon the sooner termination of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to , the expiration or termination of this the Lease, Tenant shall surrender the Premises broom clean, in the same good condition as delivered to Tenant, reasonable wear and tear excepted, and free from all Hazardous Materials. Tenant shall remove from any Alterations, except to the Property all extent that Landlord shall have notified in writing at the time the Alterations were completed that such Alterations need not be removed. Tenant shall remove Tenant’s personal property, signage, furniture, trade fixtures, equipmentand equipment set forth on the list attached hereto as Exhibit “G” (“Tenant’s Personal Property”). Tenant shall not remove any of the initial Tenant Improvements, nor shall Tenant remove fixtures or equipment that are not listed on Exhibit Lease – Design Therapeutics, Inc. 13 LL: XMG, T: JS “G”, it being understood that such equipment and fixtures are integral parts of the Premises and shall remain the property of the Landlord. No act or thing done by Landlord or any agent or employee of Landlord during the Lease Term or at the expiration of the Lease Term shall be deemed to constitute an acceptance by Landlord of a surrender of the Premises unless such intent is specifically acknowledged in a writing signed by Landlord. Tenant shall repair all damage to the Premises, the exterior of the Building and the Common Area caused by Tenant’s removal of Tenant’s Personal Property and Alterations. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings, windows, interior glass, and floor coverings in the Premises to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Common Area and, where necessary, replace or resurface same. If Landlord elects by written notice to Tenant not later than ten (10) days prior to the termination or expiration of the Term to require Tenant to surrender Tenant’s telecommunications wiring and cabling (unless cabling, then Tenant shall leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord directs can readily determine the origin, destination and function of the wires and cables. Tenant otherwise)shall patch and refinish, and to Landlord’s reasonable satisfaction, all other personal property installed penetrations made by Tenant or its assignees employees to the floor, walls or subtenantsceiling of the Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair any damage resulting from such removal and shall restore If the Property Premises are not surrendered to good order and condition. Any Landlord in the condition required by this Section at the expiration or sooner termination of Tenant’s personal property not removed as required shall be deemed abandonedthis Lease, and LandlordLandlord may, at Tenant’s expense, may removeperform such removal, 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 propertyrepairs and replacements not so made. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable to Landlord for all damagescosts incurred by Landlord in returning the Premises, the Building and the Common Area to the required condition, together with interest on all costs so incurred from the date paid by Landlord at the Default Rate until paid. Tenant shall pay to Landlord the amount of all costs so incurred plus such interest thereon, within ten (10) days of Landlord’s billing Tenant for same. Notwithstanding the foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of Tenant completing all or any portion of the work required pursuant to this Article, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any succeeding Tenant or any losses to Landlord with respect to lost opportunities to lease to succeeding tenants. At least thirty (30) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third-party state-certified professional with appropriate expertise, which Exit Survey must be reasonably acceptable to Landlord. The Exit Survey shall comply with the American National Standards Institute’s Laboratory Decommissioning guidelines (ANSI/ASSE Z9.11-2016) or any successor standards published by ANSI or any successor organization (or, if ANSI and its successors no longer exist, a similar entity publishing similar standards). In addition, at least ten (10) days prior to Tenant’s surrender of possession of any part of the Premises, Tenant shall (a) provide Landlord with written evidence of all appropriate governmental releases obtained by Tenant in accordance with Applicable Laws, including consequential damages, that Landlord suffers as a result laws pertaining to the surrender of the holdoverPremises, (b) place Laboratory Equipment Decontamination Forms on all decommissioned equipment to assure safe occupancy by future users and (c) conduct a site inspection with Landlord. In addition, Tenant agrees to remain responsible after the surrender of the Premises for the remediation of any recognized environmental conditions set forth in the Exit Survey and comply with any recommendations set forth in the Exit Survey and shall be considered a holdover tenant until such time as the Tenant has remediated and complied with the requirements of this Section. Tenant’s obligations under this Section shall survive the expiration or earlier termination of the Lease.
Appears in 1 contract
Sources: Lease (Design Therapeutics, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property 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 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 or any part thereof after the expiration or termination of this LeaseLease (“Holdover”), without the written consent of Landlord, Tenant’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover 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 holdoverHoldover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No holdover 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 Holdover by Tenant shall constitute a default on the part an Event of Tenant under this Lease Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event upon an Event of a Tenant defaultDefault, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverHoldover.
(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 Tenant shall, upon the date on which expiration or earlier termination of this Lease expires Lease, peaceably surrender the Leased Premises, including any [Tenant Improvements] or terminates[Tenant's improvements and/or alterations installed pursuant to Article 7.2], in a janitorial clean condition and otherwise in as good condition as when Tenant shall return possession of the Premises to Landlord in good conditiontook possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a bill ▇▇ sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15.2 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall given written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purpose of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable 's liabilities for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, repairs and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrestoration hereunder.
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Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Hemacare Corp /Ca/)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage damage, condemnation or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling and all of Tenant’s Property (unless Landlord directs Tenant otherwise), and any and all other personal property installed by Tenant or its Tenant’s assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property Premises to good order and condition. Any wiring or cabling or any of Tenant’s Property or any other personal property installed by Tenant’s assignees or subtenants not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly each monthly installment of Minimum Annual Rent shall be double 150% of the Monthly monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages arising from any holdover unless such holdover continues for more than thirty (30) days after written notice from Landlord indicating that Landlord is a party to a transaction involving all or a portion of the Premises and that Tenant may be liable for such consequential damages if Tenant fails to vacate the Premises within such thirty (30) day period. For the avoidance of doubt, (i) if Tenant receives such written notice at least thirty (30) days prior to the Expiration Date, then Tenant may be liable for consequential damages as a result of any holdover after the Expiration Date, and (ii) if Tenant receives such written notice fifteen (15) days prior to the Expiration Date, then Tenant may be liable for consequential damages as a result of the holdover only if it holds over for more than fifteen (15) days after the Expiration Date.
Appears in 1 contract
Sources: Lease Agreement (QuantumScape Corp)
Surrender. (a) On Upon the date on which expiration or sooner termination of this Lease expires or terminatesLease, Tenant shall return surrender the Premises (including the Affixed Equipment) to the District in the condition that existed on the Commencement Date, ordinary wear and tear excepted; provided, however, Tenant shall be entitled to remove any of Tenant’s property located therein and Tenant shall repair any damage resulting from such removal. Upon surrender of possession of the Premises to Landlord in good conditionand use of the Property, except for ordinary wear at the request of the District, Tenant shall remove any tenant improvements, Trade Fixtures, or Alterations and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior restore the Premises to the condition existing upon the Commencement Date. If Tenant fails to surrender the Premises or fails to restore the Premises upon expiration or termination of this Lease, Tenant shall remove from be in breach of this Lease. Notwithstanding anything to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property contrary contained in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, if Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains continues in possession of the Premises after following the date that is 15 days following the expiration or termination of this Lease, the monthly Base Rent will increase, automatically and without notice, to an amount equal to 150% of the Base Rent paid by Tenant immediately prior to such holdover commencing. The Parties agree that the foregoing amount of Base Rent payable during any hold over by Tenant is a reasonable amount. Tenant shall indemnify, defend, protect and hold harmless all District Indemnified Parties from and against any and all Claims whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of continued possession of the Premises by summary proceedings or otherwisePremises. Any provision Notwithstanding anything in this Lease to the contrary notwithstandingcontrary, any holdover by Tenant the foregoing increased rent shall constitute a default on be the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord District’s sole and exclusive remedy in the event Tenant continues to occupy the Premises at the end of a Tenant defaultthe Term; provided, and Tenant shall be liable for all damages, including consequential damageshowever, that Landlord suffers as a result the District shall retain the right to terminate this Lease or otherwise terminate Tenant’s possession of the holdoverPremises at the end of the Term or upon earlier termination of this Lease by any legal means including, without limitation, by bringing an action for unlawful detainer.
Appears in 1 contract
Sources: Lease Agreement
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furnitureTenant's personal property, trade fixtures, equipment, wiring Trade Fixtures and cabling (unless Alterations that Tenant has the right or is required by Landlord directs Tenant otherwise)to remove under the provisions of this Lease, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after receipt of notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property except with respect to Landlord's gross negligence or willful misconduct. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, and subject to Section 12 above, Tenant shall remove from the Property all furniture, trade fixtures, fixtures and equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises 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 for the first two (2) months of holdover and double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damagesdamages (to the extent that a holdover lasts more than two (2) months), that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double 150% the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Novavax Inc)
Surrender. (a) On Provided that Lessee does not exercise the date on which purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of this Lease expires or terminateslease, Tenant Lessee, at its expense, shall return possession all, but not less than all, of the Premises Equipment by delivering it to Landlord such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in good conditionthe same condition as when delivered to Lessee, except for ordinary reasonable wear and teartear excepted, and except in a condition which will permit Lessor to be eligible for casualty damage Manufacturer's standard maintenance contract without incurring any expense to repair or other conditions that Tenant rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is not required received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to remedy under this Lease. Prior to the expiration such missing or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal damaged items and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease (unless clearly inapplicable), except that the Monthly Rent lease shall be double automatically extended for a term of 3 months. Thereafter, the Monthly Rent payable term of this lease will be extended for the last subsequent full month immediately preceding the holdoverperiods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this lease. No holdover or Such termination will take effect upon completion of all Lessee's obligations under this lease (including payment by Tenant after of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this lease). At any time alter the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises Initial Term, if this lease has been automatically extended as set forth herein. Lessor reserves the right to terminate this lease by summary proceedings or otherwise. Any provision in this Lease 30 days written notice to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLessee.
Appears in 1 contract
Sources: Master Lease Agreement (Nanogen Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in as good conditioncondition as same were in on the Commencement Date, except for ordinary wear and tear, and except for casualty or condemnation damage or other conditions that Tenant is not required to remedy under this Lease, and for acts of God and the elements. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), all furniture, trade fixtures and equipment, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) Provided Tenant gives Landlord not less than six (6) months prior written notice of such holdover, Tenant shall have the right to holdover in possession of the Premises for up to four (4) months (the “Initial Holdover Period”) under the same terms and conditions of this Lease, with the exception that (i) the Minimum Monthly Rent during the Initial Holdover Period shall be 103% of the immediately preceding Minimum Monthly Rent, (ii) Tenant shall be allowed to vacate the Premises at any time during such four (4) month period after giving Landlord thirty (30) days prior written notice, and (iii) Tenant shall not be liable for any damages, including consequential damages, that Landlord suffers as a result of the holdover. If notice was not properly provided by Tenant for the Initial Holdover Period or if Tenant remains in possession of the Premises after the expiration or termination of this Leasethe Initial Holdover Period, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period after the Initial Holdover Period (or after the Expiration Date if notice was not property given by Tenant for the Initial Holdover Period) shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Minimum Monthly Rent shall be double 125% of the immediately preceding Minimum Monthly Rent payable for during the last full month immediately preceding the holdoverholdover period. No holdover or payment by Tenant after the expiration or termination of this Lease the Initial Holdover Period 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 (other than during the Initial Holdover Period) shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Shutterfly Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender to Landlord the Premises, and all Tenant's improvements thereto and alterations thereof, broom clean and in good condition (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant, for destruction to the Premises covered by Article 18 of this Lease, and for alterations that Tenant has the right to remove or is obligated to remove, so long as Tenant repairs any damage to the Premises under the provisions of this Article or Article 15), and shall remove all of its personal property including any signs, notices and displays. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal property, prior to the expiration of the Lease term. If any such removal would damage the Building structure, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant's expense. Landlord may retain or dispose of in any manner any such improvements or alterations or personal property that Tenant does not remove from the Property all furniture, trade fixtures, equipment, wiring and cabling Premises within five (unless Landlord directs Tenant otherwise), and all other 5) days after expiration or termination of the term as allowed or required by this Lease. Title to any such improvements or alterations or personal property installed by that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage or its assignees loss to Tenant arising out of Landlord's retention or subtenantsdisposition of any such improvements, alterations or personal property. Tenant shall repair be liable to Landlord for Landlord's costs of storing, removing and disposing of any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s improvements, alterations or 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 fails to surrender the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the on expiration or termination of the Lease as required by this LeaseArticle, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling indemnify, defend and hold 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 harmless from all damages, loss, cost and expense (including consequential damages, that Landlord suffers as a result attorney's fees) arising out of or in connection with Tenant's failure to surrender the holdoverPremises.
Appears in 1 contract
Surrender. (a) On 1. The Lessee covenants to Lessor to deliver up and surrender to the date on which this Lease expires or terminates, Tenant shall return Lessor possession of the Leased Premises to Landlord upon expiration of this Lease or its earlier termination as herein provided, broom clean and in as good conditioncondition and repair as the same shall be at the commencement of the Term of this Lease, except for or may have been put by the Lessor during the continuance thereof, ordinary wear and tear, or damage caused by Lessor excepted. Acceptance of delivery of the Leased Premises or opening same for business shall be deemed conclusive evidence that the Leased Premises were in good condition and except for casualty repair at the commencement of the Term of this Lease, excepting items noted as per Exhibit D.
2. The Lessee shall at Lessee’s expense remove all alterations, additions and improvements as to which the Lessor shall have made the election hereinbefore provided, repair all damage to the Leased Premises caused by such removal and restore the Leased Premises to the condition in which they were prior to the installation of the articles so removed, normal wear and tear excepted. Any property not so removed and as to which the Lessor shall have not made said election, shall be deemed to have been abandoned by the Lessee and may be retained or other conditions that Tenant is not required disposed of by the Lessor, as the Lessor shall desire. The Lessee’s obligation to remedy under observe or perform this covenant shall survive the expiration of the Term of this Lease. Prior to It is expressly understood that this paragraph does not include the expiration or initial Improvements, which need not be removed upon termination of this Lease.
3. An Assignment for the benefit of creditors or by operation of law shall not be effective to transfer any rights to assignee without the written consent of Lessor first having been obtained, Tenant such consent not to be unreasonably withheld.
4. In the event that Lessee shall remove from fail or refuse to vacate the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore Leased Premises at 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 end of the Premises Term, unless doing so within the option to Landlord in renew pursuant to Article XXV, 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 Minimum Monthly Rent shall be double 150% of the Minimum Monthly Rent payable for from the last full month immediately preceding year. All powers granted to the holdover. No holdover or payment Lessor by Tenant after this Lease may be exercised and all obligations imposed upon the expiration or termination Lessee by this Lease shall be performed by the Lessee as well during any extension of the original Term of this Lease shall operate to extend as during the original Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoveritself.
Appears in 1 contract
Surrender. (a) On At the date on which this Lease expires or terminates, Tenant shall return possession end of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination Term of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of will surrender the Premises to Landlord in the same condition required under as when received (and as improved) on the Rent Commencement Date, subject to ordinary wear and tear and damage by casualty. Except for Alterations that Tenant agreed to remove at the end of this Lease according to Article 8 and Alterations that Landlord requires Tenant to remove by written notice given at the time Landlord provides its consent, all Alterations will become a part of the Premises and will become the property of Landlord at the end of the Term. In that event, Tenant will promptly remove prior to the end of the Term of this Lease the Improvements and Alterations designated by Landlord, and such Improvements and Alterations reasonably deemed by Tenant to be trade fixtures or proprietary to Tenant’s business, and will promptly restore, patch, and repair any resulting damage, all at Tenant’s expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions, and items of personal property owned by Tenan,t or installed by Tenant at its expense in the Premises will be and remain the property of Tenant. Tenant will, at its sole expense, remove all such items and repair any damage to the Premises caused by such removal. If Tenant fails to remove any such items or repair such damage promptly before the end of this Lease, Tenant shall pay Landlord all resulting damages will be deemed to have abandoned it and Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, store it at Tenant’s occupancy expense or appropriate it for itself, or sell or dispense of the Premises shall be that of a tenancy at will. it in its discretion, with no liability to Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Office Lease (IonQ, Inc.)
Surrender. (a) On At the date on which expiration or earlier termination of the term of this Lease expires Sublease, without notice, demand or terminatesaction by Landlord, subject to the right of Landlord to require Tenant to demolish the Improvements, remove all debris resulting therefrom and restore the Land, Tenant shall return possession of yield the Premises Property to Landlord in “good and operable condition”, except for ordinary normal wear and teartear and damage by casualty excepted, and except for casualty damage the Improvements and any other leasehold improvements shall become the sole property of Landlord without any compensation to Tenant and free and clear of any right, title, interest, claim or other conditions that demand of Tenant or of anyone claiming through or under Tenant (or certain improvements will be demolished at the sole cost or expense of Tenant in Landlord’s sole discretion, unless Landlord terminates this Sublease during the initial twenty year term, and such termination is not required due to remedy under a default by Tenant, in which case Tenant shall have no obligation to demolish any Improvements). Notwithstanding the foregoing to the contrary, Tenant shall have the right, at any time during the Term, and up to thirty (30) days after the expiration or earlier termination of this LeaseSublease (subject to payment of Rent), to remove any or all of Tenant’s trade fixtures, equipment, and property from the Property. Prior Tenant shall repair any damage which may result to the Property from such removal, normal wear and tear excepted. If Tenant fails to remove any of those items, the items shall be deemed abandoned and shall at the election of Landlord in its sole discretion be the property of Landlord. On or before the expiration or termination of this LeaseSublease, Tenant shall remove from cause any mortgages, deeds of trust, liens or encumbrances created by, through or under Tenant to be fully released and discharged. Subject to abandonment by Tenant more than thirty (30) days after the Property expiration or earlier termination of the Term, all furniture, trade fixtures, equipment, wiring leasehold improvements and cabling (unless Landlord directs Tenant otherwise), and all other personal property of any nature which may be installed or placed in or upon the Property by Tenant shall remain the property of Tenant. At the expiration or its assignees or subtenants. Tenant shall repair any damage resulting from such removal earlier termination of this Sublease, in connection with the reversion of the Land to Landlord and shall restore the transfer to Landlord of Improvements and related plans, drawings, manuals and other documentation relating to the ownership, design, construction, operation and maintenance of the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of during the Premises to Landlord in the condition required under this LeaseTerm, Tenant shall pay execute mutually agreeable transfer documentation of transfer and assignment instruments in favor of Landlord all resulting damages Landlord may sufferor its designee.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Ground Sublease Agreement
Surrender. (a) On At the date on which expiration or earlier termination of this Lease expires or terminatesTenant’s right of possession, Tenant shall return possession of remove Tenant’s Removable Property from the Premises, and quit and surrender the Premises to Landlord Landlord, broom clean, and in good conditionthe same order, except for condition and repair as when received, ordinary wear and tear, casualty and except for casualty damage caused by Landlord excepted. Notwithstanding the foregoing, Landlord may , in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any Special Installations or other conditions that Tenant is not required Alterations in the Premises. If Tenant fails to remedy under this Lease. Prior remove any of Tenant’s Removable Property (other than Special Installations or other Tenant Alterations which Landlord has designated to remain in the expiration or Premises) within two (2) days after the termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant Lease or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedright to possession, and Landlord, at Tenant’s sole cost and expense, may removeshall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, store, sell preservation or otherwise dispose safekeeping of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyTenant’s Removable 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 Land lord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, Landlord may suffer.
deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (bexcept with respect to any Hazardous Materials) If shall be deemed to be immediately vested in Landlord. Except for Special Installations or other Tenant remains Alterations designated by Landlord to remain in possession the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property. Notwithstanding the Premises after foregoing, if at the time Tenant requests the consent of Landlord to install Special Installations or other Tenant Alterations, Tenant requests Landlord to notify it whether such Special Installations or Tenant Alterations must be removed upon the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.earlier -32-
Appears in 1 contract
Surrender. (a) Section 21.01. On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any reentry by Landlord upon the Premises, Tenant shall return possession of shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good conditionorder, condition and repair except for ordinary wear wear, tear and teardamage by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant's Property and all other personal property and personal effects of all persons claiming through or under Tenant, and except for casualty shall pay the cost of repairing all material damage to the Premises and the Real Property occasioned by such removal. Any Tenant's Property or other conditions that personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant's Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant's Property or other personal property shall be reimbursed to Landlord by Tenant as Additional Rent within ten days of demand.
Section 21.02. If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not required to remedy a business day,k then Tenant's obligations under this Lease. Prior Section 21.01 shall be performed on or prior to the expiration or immediately preceding business day.
Section 21.03. If the Premises are not surrendered upon the termination of this Lease, Tenant shall remove hereby indemnifies Landlord against liability resulting from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed delay by Tenant in so surrendering the Premises, including any claims made by any 36 37 succeeding tenant or its assignees or subtenants. Tenant shall repair any damage resulting from prospective tenant founded upon such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may sufferdelay.
(b) If Section 21.04. In the event Tenant remains in possession of the Premises after the expiration or termination of this Lease without the execution of a new lease, Tenant, at the option of the Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, at a monthly rental equal to one and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy.
Section 21.05. Tenant's obligation under this Article shall survive the termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Russian Wireless Telephone Co Inc)
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a broom clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a ▇▇▇▇ of sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable 's liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant repairs and restoration under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.
Appears in 1 contract
Sources: Office Lease (Ip Voice Com Inc)
Surrender. (a) On the date on which last day of the term of this Lease expires Lease, including any option term, or terminatesupon the sooner termination thereof, Tenant shall return possession peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. Except as provided in Section 3.5, all alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the Premises term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Any personal property not removed 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 thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by the Firstar Bank, N.A. or its successors or assigns, whichever is higher. If, prior to surrender of the premises or within twenty (20) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall repair any damage occasioned by such removals or Tenant will pay to Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, at the rate specified in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under the immediately preceding paragraph of this Lease. Prior The delivery to Landlord at the place then fixed for the payment of rent of the keys to the expiration or Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant shall remove then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)payment of damages, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, Landlord may remove, store, sell or otherwise dispose retain possession of such property until payment in such manner as Landlord may see fit and/or Landlord may retain full of said amounts. Said lien shall not be defeated by placing such property or sale proceeds as its propertyin storage. If Tenant does has not return possession redeemed said property within ninety (90) days after the termination of the Premises to Landlord in the condition required under this said Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration sell such property at public or termination of this Lease, private sale without further notice to Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverto Landlord.
Appears in 1 contract
Surrender. (a) On the date on which Upon termination of this Lease expires or terminatesTenant's right to possession, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord, in good condition and repair, normal wear and tear excluded. Tenant shall remove from the Premises all of Tenant's personal property, equipment and trade fixtures (collectively "Tenant's - Property") and Tenant shall repair any injury or damage to the Premises which may result from such removal, and shall restore the Premises to the same condition as prior to the installation thereof. If Tenant does not remove Tenant's Property from the Premises, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat Tenant's Property as having been conveyed to Landlord with this Lease acting as a ▇▇▇▇ of sale, without further payment or credit by Landlord to Tenant. If Landlord requests the removal of any Alterations (including without limitation Tenant’s fence), Tenant shall return possession of remove all such items and restore the Premises to Landlord in good their original condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the tear excepted upon expiration or termination of this Lease. If, Tenant shall remove from the Property all furnitureafter Landlord’s request, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of remove said Alterations, Landlord may remove the Premises to Landlord in the condition required under this Lease, same and Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession the cost of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available such removal to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverupon demand.
Appears in 1 contract
Sources: Industrial Building Lease
Surrender. (a) 23.1 On the date on which last day of the term of this Lease expires Lease, or terminatesupon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall return possession of quit and surrender the Demised Premises to Landlord in good order, condition, and repair, except for ordinary wear and tear, tear and except for casualty such damage or other conditions that Tenant destructions as Landlord is not required to remedy repair or restore under this Lease, and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease. Prior to At the expiration time of surrender, or earlier termination of this Lease, the Demised Premises shall be in the same state as existed as of the completion of Landlord's Work ordinary wear and tear excepted. Any Tenant Changes, alterations or improvements, all of which must be done in accordance with Article 12 shall remove from be removed, except as may otherwise have been provided by Landlord at the Property time it exercised its consent in connection with such Tenant Changes pursuant to Article 12. Landlord and Tenant agree that a minimum of ninety (90) days prior to the Expiration Date of this Lease, Landlord shall walk through the Demised Premises with Tenant and create a punchlist of all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed restoration which shall be required to be completed by Tenant or by the Expiration Date. Failure by Landlord and Tenant to walk through the Demised Premises ninety (90) days prior to the Expiration Date of this Lease shall not relieve Tenant of any restoration obligations otherwise required pursuant to this Lease. However, if Tenant gives Landlord notice that it desires to walk through the Demised Premises and identify the restoration required as set forth above and Landlord does not fulfill its assignees or subtenantsobligation to walk through the Demised Premises, Tenant will not be relieved of any of its restoration obligations but will not be deemed in holdover as set forth below while it performs such restoration. Thereafter, Tenant may request a written estimate from Landlord for the cost of all restoration required pursuant to this Lease. Landlord and Tenant acknowledge that Landlord, prior to the Expiration Date, will have already notified Tenant of its restoration obligations pursuant to a restoration agreement letter dated September 12, 1966 and Article 12 of the Lease, and, as a result, notwithstanding the ninety (90) day time period set forth above, it shall repair any damage resulting from be Tenant's obligation to ensure that Tenant has enough time after the Landlord and Tenant walk through the Demised Premises, if Tenant will be performing such removal restoration prior to the Expiration Date of the Lease. The cost contained in such estimate shall be commercially reasonable and shall restore where possible, Landlord will competitively bid the Property to good order and conditionwork. Any In lieu of Tenant’s personal property not removed restoring the Demised Premises as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises pursuant to Landlord in the condition required under this Lease, Tenant shall may, at its option, pay Landlord, prior to the Expiration Date of the Lease, the cost of such restoration as set forth in Landlord's estimate. If Tenant fails to perform any restoration required of it under this Lease or fails to pay Landlord all resulting damages for the cost of any restoration required on or before the last day of the term of this Lease or upon any earlier termination, Tenant shall be deemed a holdover Tenant under Article 40 of this Lease until such time as Tenant has completed such restoration. For the first fifteen (15) days of holdover as set forth above, Tenant shall only be required to pay holdover charges on a per diem basis. After the expiration of fifteen (15) days the Tenant shall be in subject to holdover charges on a monthly basis. If, unknowingly, Tenant incorrectly performs any of the restoration required, Landlord may suffer.
shall notify Tenant and Tenant shall have fifteen (b15) days to correct such error. If Tenant remains in possession of fails to correct such error within the Premises after the expiration or termination of this Leasethirty (30) day period, Tenant’s occupancy of the Premises Tenant shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to holdover from the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by day on which Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession received Landlord's notice of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverincorrect restoration.
Appears in 1 contract
Surrender. (a) On Upon the date on which expiration or earlier termination of this Lease expires Lease, whether by forfeiture, lapse of time, or terminatesotherwise, Tenant shall return or upon the termination of Tenant’s right to possession of the Premises Premises, Tenant will at once surrender and deliver up the Premises, to Landlord in good conditionand broom-clean condition and repair, except for ordinary reasonable wear and tear, tear and except for casualty damage loss by fire or other conditions that casualty excepted. All Tenant is not required to remedy under this Lease. Prior to Additions will, following the expiration or termination of this Lease, Tenant shall remove from remain in the Property all furniture, trade fixtures, equipment, wiring and cabling (Premises as Landlord’s property unless Landlord directs Tenant otherwiseto remove all or any portion of same whereupon Tenant agrees that it shall, at its expense, remove such Tenant Additions (or portion thereof directed by Landlord). Provided Tenant is not in default, it will remove its Trade Fixtures, inventory, and all other personal property installed upon the expiration of the Term. If Tenant is in default, it shall remove its Trade Fixtures only if specifically directed to do so in writing by Tenant or its assignees or subtenantsLandlord. Tenant shall repair any damage resulting to the Premises caused by the removal of such Tenant Additions, Trade Fixtures, or other items. In no event will any fire sprinklers, fire suppression equipment, HVAC System components, floor tiles, carpeting, ceiling tiles, plumbing fixtures, or similar building system items or any equipment or fixtures attached to the realty be considered “Trade Fixtures” or be removed unless directed by Landlord to do so. Tenant agrees that following an Event of Default, Landlord may, at its option, allow any party claiming to be a lessor of Tenant to remove equipment, Trade Fixtures, and similar items leased from such lessor. Landlord shall have no liability to Tenant therefor. Landlord may condition its consent upon such lessor agreeing to repair any damage to the Premises caused by such removal and providing adequate financial assurances of its ability to pay for any such damages. Provided, however, no such agreement by any such lessor, or Landlord’s failure to obtain such an agreement, shall restore relieve Tenant of its obligations hereunder including without limitation, Tenant’s obligation to repair said damage even if the Property to good order and conditiondamage is caused by said lessor or its contractors or agents. Tenant shall remove all Hazardous Materials. Any of Tenant’s personal property Trade Fixtures or Tenant Additions not removed by Tenant as required herein shall be deemed abandonedabandoned and may be stored, removed and Landlord, disposed of by Landlord at Tenant’s expense, may removeand Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention or disposal of same. Moreover, store, sell any period following the termination or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)during which there is Hazardous Material, except that the Monthly Rent Tenant Alterations or Trade Fixtures which are not removed as herein required shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any considered a holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord and, in addition to exercise, without obligation to provide Tenant any notice or cure period, all of the other remedies available to Landlord in hereunder, shall obligate Tenant to the event of a Tenant default, and increased rental payments pursuant to Section 27.2. Tenant shall be liable entitled to no payment or offset for the value of any such property (even if sold by Landlord) and shall pay on demand all damagescosts incurred by Landlord in connection with such removal or disposal. No retention, including consequential damages, that disposal or sale or such items shall limit remedies otherwise available to Landlord suffers hereunder for a breach by Tenant. All obligations of Tenant hereunder not fully performed as a result of the holdovertermination or expiration of the Lease shall survive such termination or expiration.
Appears in 1 contract
Sources: Standard Industrial Lease (Wornick CO Right Away Division, L.P.)
Surrender. (a) On No act by Landlord shall be an acceptance of a surrender of the date on which this Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease expires Term or terminatesearlier termination of Tenant’s right of possession, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to 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 under herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant fails to perform any obligation prior to the expiration or earlier termination of this Lease, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all resulting damages costs associated therewith, plus an administrative fee of 10% of such costs, promptly upon Landlord’s delivery to Tenant of an invoice therefor, and any time required by Landlord may suffer.
to complete such obligations shall be considered a period of holding over and the terms of Section 22 shall apply. Notwithstanding any provision or inference to the contrary herein contained, in the event that Tenant fails to deliver to Landlord (band surrender possession of) If Tenant remains in all of the Premises upon the expiration or earlier termination of this Lease (or the applicable portion of the Premises if this Lease expires or terminates as to only a portion of the Premises) on the date of expiration or earlier termination, then Landlord may, without judicial process and without notice of any kind, immediately enter upon and take absolute possession of the Premises after the expiration or termination of this Leaseapplicable portion thereof, Tenant’s occupancy of expel or remove Tenant and any other person or entity who may be occupying the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject or applicable portion thereof, change the locks to the provisions of this Lease Premises or applicable portion thereof (unless clearly inapplicablein which event, Tenant shall have no right to any key for the new locks), except that the Monthly Rent shall be double the Monthly Rent payable and take any other actions as are necessary 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 Landlord to extend the Term or prevent Landlord from immediate recovery of take absolute possession of the Premises by summary proceedings or otherwiseapplicable portion thereof. Any provision The foregoing rights are without prejudice and in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant defaultaddition to, and Tenant shall be liable for all damagesnot in any way limit Landlord’s rights under, including consequential damages, that Landlord suffers as a result of the holdoverSection 22 below.
Appears in 1 contract
Sources: Lease Agreement (Systemax Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1—Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession last day of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination Term of this Lease, including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, and 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 Section 3.5, shall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the termination of the Term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring equipment and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant and shall repair any damage resulting from occasioned by such removal removal. Tenant may elect to surrender any chemical fume hoods installed and shall restore considered in fair condition at the Property to good order and conditiontime of surrender within the Leased Premises. Any of Tenant’s personal property not removed as required by Tenant shall be deemed abandonedabandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession at the place then fixed for the payment of rent of the keys to the Leased Premises after shall constitute surrender of the expiration or termination 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, Tenant’s occupancy . This method of the Premises surrender shall not be exclusive and shall be that in addition to all other methods of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoversurrender.
Appears in 1 contract
Surrender. (a) On Sublessee shall, upon the date on which termination of this Lease expires or terminatesSublease and in accordance with all of the terms of this Sublease and the Lease, Tenant shall return possession of vacate and surrender the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord Sublessor in the 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 tenant under the Lease. Sublessee’s obligation to observe or perform this Leasecovenant shall survive the Expiration Date or such other date of earlier termination of this Sublease. Any personal property owned by Sublessee, Tenant if any, which shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of remain on the Premises after the expiration or early termination of this LeaseSublease and the removal of Sublessee from the Premises may, Tenantat the option of Sublessor, be deemed to have been abandoned by Sublessee, In such event, Sublessor shall have the right to either retain such personal property as its sole property or to remove and dispose of such personal property without accountability at the expense of Sublessee, as Sublessor sees fit. If Sublessee fails to remove any property or restore the Premises as required hereunder or to repair any damage caused by any such removal and/or restoration . required hereunder, then Sublessor may so remove, restore, or repair the same and Sublessee shall reimburse Sublessor for all reasonable and necessary costs Sublessor incurs therefrom. If the Premises are not surrendered upon the Expiration Date or such other date of earlier termination of this Sublease in accordance with the terms hereof, Sublessee shall and does hereby indemnify and hold Sublessor harmless from any claims or demands which may arise out of Sublessee’s continued occupancy of the Premises shall be that Premises, including all direct damages of a tenancy at will. TenantSublessor (including all sums Sublessor is required to pay under the terms of the Lease) and any liability accruing to Lessor under the Lease and all attorney’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 fees and costs associated with recovering possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverPremises.
Appears in 1 contract
Surrender. (a) On the date on which last day of the term of this Lease expires Lease, including any option term, or terminatesupon the sooner termination thereof, Tenant shall return possession peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Lease, 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 personal property (not including trade fixtures) not attached to Landlord in good condition, except for ordinary wear and tearthe Leased Premises, and except for casualty signs installed at Tenant's expense. Any property not so removed shall be deemed abandoned 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 pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, 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 or other conditions that occasioned by such removals and Tenant is not required will pay to remedy under Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, a the rate specified in the immediately preceding paragraph of this Lease. Prior The delivery to Landlord at the place then fixed for the payment of rent of the keys to the expiration or Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant shall remove then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)payment of damages, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, Landlord may remove, store, sell or otherwise dispose retain possession of such property until payment in such manner as Landlord may see fit and/or Landlord may retain full of said amounts. Said lien shall not be defeated by placing such property or sale proceeds as its propertyin storage. If Tenant does has not return possession redeemed said property within ninety (90) days after the termination of 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 Premises proceeds of sale to Landlord in reduce the condition required under this Leaseamounts then owed from Tenant to Landlord. The foregoing notwithstanding, Tenant shall pay be entitled to remove property from the Leased Premises subsequent to such termination, after written request therefor has been provided to Landlord specifying the items to be removed. Landlord shall allow such removal to the extent the value of property remaining subject to Landlord's lien reasonably secures all resulting damages Landlord may suffer.
(b) If Tenant remains in possession amounts due Landlord. The rights of holders of liens superior to the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises lien provided for herein 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 recognized by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, consistent with applicable laws and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverstatutes.
Appears in 1 contract
Sources: Lease Agreement (Hagler Bailly Inc)
Surrender. (a) On Subject to Landlord's right to require removal or to elect ownership as hereinafter provided, all Alterations made by Tenant to the date on which this Lease expires or terminatesPremises shall be the property of Tenant, Tenant but shall return possession be considered to be a part of the Premises Premises. Unless Landlord gives Tenant written notice of its election not to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to become the expiration or termination owner of the Alterations at the end of the term of this Lease, the Alterations shall become the property of Landlord at the end of the term of this Lease. Landlord may require, on notice to Tenant, that some or all Alterations be removed prior to the end of the term of this Lease and that any damages caused by such removal be repaired at Tenant's sole expense. On the last day of the term hereof, or on any sooner termination, Tenant shall remove from surrender the Property Premises (including, but not limited to, all furnituredoors, windows, floors and floor coverings, skylights, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, electrical systems, lighting facilities, sprinkler systems, fire detection systems and nonstructural elements of the exterior walls, foundation and roof (collectively the "ELEMENTS OF THE PREMISES")) to Landlord in the same condition as received, ordinary wear and tear and casualty damage excepted, clean and free of debris and Tenant's personal property, trade fixtures, fixtures and equipment, . Tenant's personal property shall include all computer wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant. Provided, however, if Landlord has not elected to have Tenant or its assignees or subtenantsremove the Alterations, Tenant shall leave the Alterations at the Premises in good condition and repair, ordinary wear and tear excepted. Tenant shall repair any damage to the Premises occasioned by the installation or removal of Tenant's trade fixtures, furnishings and equipment. Damage to or deterioration of any Element of the Premises or any other item Tenant is required to repair or maintain at the Premises shall not be deemed ordinary wear and tear if the same could have been prevented by good maintenance practices. If the Premises are not surrendered at the expiration of the term or earlier termination of this Lease in accordance with the provisions of this section, at Landlord's option, Tenant shall continue to be responsible for the payment of Base Rent and all other amounts due under this Lease until the Premises are so surrendered in accordance with said provisions. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all damages, expenses, costs, losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such removal delay and shall restore the Property losses and damages suffered by Landlord due 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 lost opportunities to lease any portion of the Premises to Landlord any such succeeding tenant or prospective tenant, together with, in the condition required under this Leaseeach case, Tenant shall pay Landlord all resulting damages Landlord may sufferactual attorneys' fees and costs.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) 23.1 On the date on which last day of the term of this Lease expires Lease, or terminatesupon any earlier termination of this Lease, or upon any reentry by Landlord upon the Demised Premises, Tenant shall return possession of quit and surrender the Demised Premises to Landlord in good order, condition, and repair, except for ordinary wear and tear, tear and except for casualty such damage or other conditions that Tenant destructions as Landlord is not required to remedy repair or restore under this Lease, and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease. Prior to At the expiration time of surrender, or earlier termination of this Lease, the Demised Premises shall be in the same state as existed as of the completion of Landlord's Work ordinary wear and tear excepted. Any Tenant Changes, alterations or improvements, all of which must be done in accordance with Article 12 shall remove from be removed, except as may otherwise have been provided by Landlord at the Property time it exercised its consent in connection with such Tenant Changes pursuant to Article 12. Landlord and Tenant agree that a minimum of ninety (90) days prior to the Expiration Date of this Lease, Landlord shall walk through the Demised Premises with Tenant and create a punchlist of all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed restoration which shall be required to be completed by Tenant or by the Expiration Date. Failure by Landlord and Tenant to walk through the Demised Premises ninety (90) days prior to the Expiration Date of this Lease shall not relieve Tenant of any restoration obligations otherwise required pursuant to this Lease. However, if Tenant gives Landlord notice that it desires to walk through the Demised Premises and identify the restoration required as set forth above and Landlord does not fulfill its assignees or subtenantsobligation to walk through the Demised Premises, Tenant will not be relieved of any of its restoration obligations but will not be deemed in holdover as set forth below while it performs such restoration. Thereafter, Tenant may request a written estimate from Landlord for the cost of all restoration required pursuant to this Lease. Landlord and Tenant acknowledge that Landlord, prior to the Expiration Date, will have already notified Tenant of its restoration obligations pursuant to a restoration agreement letter dated September 12, 1966 and Article 12 of the Lease, and, as a result notwithstanding the ninety (90) day time period set forth above, it shall repair any damage resulting from be Tenant's obligation to ensure that Tenant has enough time after the Landlord and Tenant walk through the Demised Premises, if Tenant will be performing such removal restoration prior to the Expiration Date of the Lease. The cost contained in such estimate shall be commercially reasonable and shall restore where possible, Landlord will competitively bid the Property to good order and conditionwork. Any In lieu of Tenant’s personal property not removed restoring the Demised Premises as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises pursuant to Landlord in the condition required under this Lease, Tenant shall may, at its option, pay Landlord, prior to the Expiration Date of the Lease, the cost of such restoration as set forth in Landlord's estimate. If Tenant fails to perform any restoration required of it under this Lease or fails to pay Landlord all resulting damages for the cost of any restoration required on or before the last day of the term of this Lease or upon any earlier termination, Tenant shall be deemed a holdover Tenant under Article 40 of this Lease until such time as Tenant has completed such restoration. For the first fifteen (15) days of holdover as set forth above, Tenant shall only be required to pay holdover charges on a per diem basis. After the expiration of fifteen (15) days the Tenant shall be in subject to holdover charges on a monthly basis. If, unknowingly, Tenant incorrectly performs any of the restoration required, Landlord may suffer.
shall notify Tenant and Tenant shall have fifteen (b15) days to correct such error. If Tenant remains in possession of fails to correct such error within the Premises after the expiration or termination of this Leasethirty (30) day period, Tenant’s occupancy of the Premises Tenant shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to holdover from the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by day on which Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession received Landlord's notice of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverincorrect restoration.
Appears in 1 contract
Sources: Lease Agreement (Paradyne Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from peaceably leave and surrender the Property all furnitureLeased Premises or Affected Premises, trade fixturesas is applicable, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the same condition in which the Leased Premises or Affected Premises, if applicable, was at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and tear and damage from any Casualty or Condemnation excepted; provided, however, that with respect to any Casualty Tenant has paid to Landlord the deductible under Paragraph 16(a)(i) or, if applicable, Landlord has received the Termination Amount. Upon such surrender, Tenant shall (a) remove from the Leased Premises or Affected Premises, if applicable, all Tenant’s Property and Alterations required to be removed pursuant to Paragraph 13 hereof, and (b) repair any damage caused by such removal. Property not so removed shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises or Affected Premises, if applicable. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises or Affected Premises, if applicable, caused by such removal shall be paid by Tenant to Landlord upon demand. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26. Notwithstanding anything to the contrary in this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains be under no obligation to patch, repair or replace finish work, such as wallcoverings, paint and carpeting, or to patch, repair or cover holes in possession the walls or floor left by the removal of the Premises after the expiration any Alteration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject property to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover extent such removal was performed in a reasonable or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdovernormal manner.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from peaceably vacate and surrender the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Leased Premises to Landlord in the same condition required under in which the Leased Premises were at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and tear, and damage by casualty or condemnation, excepted. Upon such surrender, Tenant shall pay Landlord (a) remove from the Leased Premises all resulting damages property which is owned by Tenant or any person occupying any portion of the Leased Premises by, through or under Tenant (excluding computer and communications cabling, wiring and conduit unless otherwise agreed by Landlord), all Billboard Work, and Alterations required to be removed pursuant to Paragraph 13 (Alterations and Improvements) hereof, and (b) repair any damage caused by such removal. Property not so removed shall be deemed abandoned and become the property of Landlord, and Landlord may sufferthereafter cause such property to be removed from the Leased Premises. Landlord shall not be obligated to store any such property. The cost of removing and disposing of such property and repairing any damage to the Leased Premises caused by such removal, together with an administrative charge of five percent (5%) of the cost of Landlord’s performance shall be paid by Tenant to Landlord upon demand and receipt by Tenant of a reasonably detailed invoice evidencing such costs and if not paid within ten (10) Business Days, shall bear interest at the Default Rate. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26.
(b) If Tenant remains fails to vacate and surrender the Leased Premises on or before the Expiration Date or earlier termination of this Lease in accordance with the provisions of this Lease, Tenant shall be a tenant at sufferance and shall pay to Landlord holdover rent (“Holdover Rent”) and Additional Rent payable hereunder for the Leased Premises during the term of such holdover. Holdover Rent shall be payable monthly in advance in an amount equal to 150% of Basic Rent payable immediately prior to the Expiration Date or such early termination until Tenant shall have vacated and surrendered the Leased Premises in accordance with the provisions of this Lease. The provisions of this Paragraph 26 shall not in any way be deemed to (i) permit Tenant to remain in possession of the Leased Premises after the expiration Expiration Date or sooner termination of this Lease, Tenant’s occupancy Lease or (ii) imply any right of Tenant to use or occupy the Leased Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the upon expiration or termination of this Lease shall operate to extend and the Term, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term or prevent Landlord from immediate recovery of possession shall be deemed to be other than on account of the Premises amount to be paid by summary proceedings or otherwise. Any provision Tenant in accordance with the provisions of this Lease Paragraph 26.
(c) Notwithstanding anything to the contrary notwithstandingelsewhere in this Lease, if Tenant fails to so vacate and surrender the Leased Premises in accordance with this Lease on or before the Expiration Date, then, in addition to any holdover by other liabilities to Landlord accruing therefrom, Tenant shall constitute a default on the part indemnify, defend and hold harmless Landlord from and against any claims, demands, liabilities, causes of Tenant under this Lease entitling Landlord action, suits, judgments, damages and expenses (including litigation costs and reasonable attorneys’ fees) based on, arising out of, or in any way relating to exercisesuch failure (directly or indirectly, in whole or in part), including, without obligation to provide Tenant any notice or cure period, all limiting the generality of the remedies available to Landlord in foregoing, loss of future rents as a consequence of such failure until the event earlier of (i) the effective date of a Tenant default, new lease executed by Landlord and Tenant another tenant for the Leased Premises or (ii) twenty-four (24) months after the Expiration Date. Tenant’s indemnification obligations set forth herein shall be liable for all damages, including consequential damages, that Landlord suffers as a result survive the Expiration Date or earlier termination of the holdoverthis Lease.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Lincoln Educational Services Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall surrender to Landlord the Premises, and all Tenant's improvements thereto and alterations thereof, broom clean and in good condition (except for ordinary wear and tear, destruction to the Premises covered by Article 18 of this Lease, and for alterations that Tenant has the right to remove or is obligated to remove, so long as Tenant repairs any damage to the Premises under the provisions of this Article 25 or Article 15), and shall remove all of its personal property including any signs, notices and displays. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal 22 property, prior to the expiration of the Lease term. If any such removal would damage the Building structure, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant's expense or otherwise to require Tenant to post security for such restoration. Landlord may retain or dispose of in any manner any such improvements or alterations or personal property that Tenant does not remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the on expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of term as allowed or required by this Lease (unless clearly inapplicable)and title to any such improvements or alterations or personal property that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage or loss to Tenant arising out of Landlord's retention or disposition of any such improvements, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover alterations or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, personal property and Tenant shall be liable to Landlord for Landlord's costs of storing, removing and disposing of any such improvements, alterations or personal property which Tenant fails to remove from the Premises. Tenant shall indemnify, defend and hold Landlord harmless from all damages, loss, cost and expense (including consequential damages, that Landlord suffers as a result reasonable attorneys' fees) arising out of or in connection with Tenant's failure to surrender the holdoverPremises in accordance with this Section 25.1.
Appears in 1 contract
Sources: Office Lease (Isocor)
Surrender. (a) On Tenant shall, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises Improvements and Tenant's improvements and/or alterations installed pursuant to Landlord Article 7.2, in a janitorial clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a ▇▇▇▇ of sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant article 15.2 shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable 's liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, repairs and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverrestoration hereunder.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good conditioncondition and in the condition required by Section 12 of this Lease, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwiseotherwise or unless the parties have otherwise agreed), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed within thirty (30) days of the expiration of the Term or the earlier termination of this Lease as required shall be deemed abandoned, and in such event, Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Base Rent shall be double 125% of the Monthly Base Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event under Section 22 of a Tenant defaultthis Lease, and if the holdover period extends beyond thirty (30) days, Tenant shall be also be liable for all damages, including any consequential damages, damages that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return covenants and agrees to surrender possession of the Premises to Landlord upon termination of this Lease (whether by termination, expiration or otherwise) in as good conditioncondition as on the Commencement Date (or in the case of improvements or alterations made or fixtures installed subsequent thereto, except for ordinary then as of the date such improvements, alterations, or fixtures were made or installed), reasonable wear and tear, and except for damage from casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to as described in Article 11 which results in the expiration or termination of this LeaseLease and repairs which are the responsibility of the Authority, excepted. No act or thing done by the Authority during the Term shall be deemed an acceptance of a surrender of the Premises and no agreement to accept such surrender shall be valid, unless in writing signed by the Authority. The delivery of keys to any employee of the Authority or of the Authority’s agents shall not operate as a termination of this Lease or a surrender of the Premises. If upon such termination Tenant shall fails to remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other any personal property installed by or trade fixtures (which Tenant is allowed under the terms hereof to remove) on or its assignees before the Expiration Date, the Authority may, but without the obligation to do so, remove said personal property or subtenantstrade fixtures and hold it for the owners thereof or may place the same in a public warehouse, all at the expense and risk of the owners thereof. Tenant shall repair reimburse the Authority for any damage resulting from reasonable expense incurred by the Authority in connection with such removal and storage. Tenant shall restore indemnify, release and hold harmless the Property Authority from any and all damage, costs and expenses related to good order and conditionsaid removal or storage. Any of Tenant’s personal property In addition, the Authority shall have the right, but not removed as required shall be deemed abandonedthe obligation, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise to dispose of such property in as waste or sell such manner as Landlord may see fit and/or Landlord may retain stored property and the proceeds of such property or sale proceeds as its property. If Tenant does not return possession shall be applied, first, to the cost of the Premises sale, second, to Landlord in the condition required under this Leasepayment of charges for storage and removal, third, to the payment of Rent, Additional Rent or any other obligation which may then be due from Tenant to the Authority and the balance, if any, shall be retained by the Authority. In the event the expenses of such removal, storage, disposal and sale shall exceed the proceeds of sale, 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 such excess to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverAuthority upon demand.
Appears in 1 contract
Sources: Office Space Lease
Surrender. 5.1. As of the Occupancy Expiration Date (a) On or the date on which this Lease expires or terminatessooner termination of the Lease), Tenant shall return possession vacate the Occupancy Area in the condition required by Section 18 of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Initial Lease. Prior to Without limitation of the expiration or termination of this Leaseforegoing, Tenant shall remove from the Tenant Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant on or its assignees or subtenantsprior to the Occupancy Expiration Date. Tenant shall repair any damage resulting from such removal and shall restore In 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 event that Tenant does not return possession vacate the Occupancy Area on or prior to the Occupancy Expiration Date (or the sooner termination of the Premises to Lease), Landlord in the condition required under this Lease, Tenant shall pay Landlord have all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after rights and remedies contemplated by 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 Initial Lease with respect 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 original Leased Premises by summary proceedings or otherwise. Any provision in this Lease as to the contrary notwithstandingOccupancy Area, any holdover by Tenant including, but not limited to, the right to collect hold over rent, and such failure shall constitute a default on Default Event.
5.2. From and after the part Occupancy Expiration Date (or the sooner termination of the Lease), the Surrendered Termination Areas shall again constitute Relinquished Areas as contemplated by the Third Amendment.
5.3. As of the Occupancy Expiration Date, the Lease (as amended hereby) shall terminate as to the Vacated Space and neither Tenant nor Landlord shall have any further liability or obligation with respect to the Lease (as amended hereby) as to the Vacated Space except for those liabilities and obligations of Tenant under this Lease entitling and Landlord relative to exercise, without obligation to provide Tenant any notice or cure period, all the Occupancy Term that expressly survive a termination of the remedies available Lease as to the Vacated Space (which shall constitute Surviving Liabilities of Tenant and Surviving Liabilities of Landlord, respectively) and Surviving Liabilities of Tenant and Surviving Liabilities of Landlord in for the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result applicable portion of the holdoverVacated Space for the period prior to the deletion of such space from the Lease pursuant to the Third Amendment.
Appears in 1 contract
Sources: Lease (Brightpoint Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession expiration of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage Term or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall remove at Tenant's own cost, (a) promptly and peaceably surrender the Leased Premises to Landlord "broom clean," in good order and condition, (b) repair any damage to the Building caused by or in connection with the removal of any property from the Property Leased Premises by or at the direction of Tenant, (c) repair, patch and paint in a good and workmanlike manner satisfactorily to Landlord all furnitureholes and other marks in the floors, walls and ceilings of the Leased Premises, and, (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 moveable 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 compensation, however, Tenant shall not remove any personal property or trade fixtures from the Leased Premises without Landlord's 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 personnel property, trade fixtures and other property as set forth in Section 38-3-1, et seq, of the Utah Code Ann. (or any replacement pr▇▇▇sion). Landlord may require Tenant to remove any personnel property, trade fixtures, equipmentor other property, wiring alterations, additions and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed improvements made to the Leased Premises by Tenant or its assignees by Landlord for Tenant, and to restore he 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 subtenantson the expiration of the Term or earlier termination of this Lease for any 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 repair any damage resulting from such removal and shall restore pay to Landlord all expenses incurred in connection with the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose disposition of such property in excess of any amount received by Landlord from such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertydisposition. If Tenant does not return possession No surrender of Leased Premises share be effected by Landlord's acceptance of the Premises to Landlord in keys or of the condition required under this Lease, rent or by any other reasons without Landlord's written acknowledgment of such acceptance as a surrender. 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 not be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord released from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant Tenants obligations under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all in connection with surrender of the remedies available Leased Premises until Landlord has inspected the Leased Premises and delivered to Landlord in the event of Tenant a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverwritten release.
Appears in 1 contract
Sources: Lease Agreement (Wordcruncher Internet Technologies)
Surrender. (a) On the date on which last day of the term hereof or upon any earlier termination of this Lease expires (unless Tenant has acquired title to the Demised Premises pursuant to Article XXIX), or terminatesupon a re-entry by Landlord upon the Land pursuant to Article XVI hereof, Tenant shall return possession well and truly surrender and deliver up to Landlord the Demised Premises free and clear of all liens and encumbrances other than those, if any, existing at the date hereof, or created by Landlord or subsequent owners of the Demised Premises, and, without any payment or allowance whatever by Landlord. Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Demises Premises on any such termination date. Title to any Improvements on the Land at the termination of this Lease shall pass to Landlord without the necessity of any payment therefor. At the end of the Term, Tenant will promptly quit and surrender the Demised Premises broom-clean, in good conditionorder and repair, except for ordinary wear and tear, and except for casualty damage or other conditions that tear excepted. If Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Leasethen in default, Tenant shall may remove from the Property all furnitureDemised Premises any trade fixtures, equipment and moveable furniture placed in the Demised Premises by Tenant, whether or not the same are fastened to the Improvements thereon; provided Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation of the Demised Premises or removal of the same will result in impairing the structural strength of the Improvements. Whether or not Tenant is in default, Tenant will remove such Improvements, trade fixtures, equipment and furniture as Landlord may request at its sole option and discretion. Tenant will fully repair any damage occasioned by the removal of any trade fixtures, equipment, wiring furniture, alterations, additions and cabling (unless Improvements. All trade fixtures, equipment, furniture, inventory, effects, alterations, additions and Improvements not so removed will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord directs Tenant otherwise), and all other personal property installed by without notice to Tenant or its assignees or subtenants. any other person and without obligation to account for them; and Tenant shall repair will reimburse to Landlord on demand all expenses incurred in connection with such property, including, but not limited to, the cost of repairing any damage resulting from such to the Premises caused by the removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises Tenant's obligation to Landlord in the condition required under observe and perform this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after covenant will survive the expiration or other termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Ground Lease (Ecoscience Corp/De)
Surrender. (a) On Upon the date on which expiration of the Term of this Lease, or upon an earlier termination of this Lease expires or terminatesas set forth herein, Tenant LESSEE shall return surrender up peaceable possession of the Leased Premises and all buildings and improvements thereon to Landlord LESSOR in good conditionand tenantable repair, except for ordinary reasonable wear and tear, permitted leasehold improvements and except for alterations (provided that LESSEE may remove trade fixtures and personal property) which are the property of LESSOR, casualty damage loss and condemnation (if specifically permitted hereunder) excepted. If possession be not immediately surrendered, LESSOR, with process of law, may forthwith re-enter the Leased Premises and repossess the same, or any part thereof, and expel and remove therefrom all persons and property without being deemed guilty of any unlawful act and without prejudice to any other conditions that Tenant is legal remedy available to LESSOR. LESSOR shall hold the Leased Premises after any such re-entry free of any right, privilege, or estate of LESSEE and without any duty or obligation to LESSEE in respect of any subsequent use, reletting or disposition of the Leased Premises.
a. If LESSEE shall not required to remedy under immediately surrender possession of the Leased Premises at the expiration or termination of this Lease. Prior , LESSEE shall become a lessee from month to month, provided rent shall be paid to and accepted by LESSOR, in advance, at the rate of rental payable hereunder just prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return LESSEE shall fail to surrender possession of the Leased Premises to Landlord in immediately upon the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession expiration of the Premises after the expiration or termination of this LeaseTerm hereof, Tenant’s occupancy LESSEE hereby agrees that all of the Premises shall be that obligations of a tenancy at will. Tenant’s occupancy LESSEE and all rights of LESSOR applicable during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination Term of this Lease shall operate to extend the Term be equally applicable during such period of subsequent occupancy, whether or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant not a month-to-month tenancy shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers have been created as a result of the holdoveraforesaid.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to 19.1 At the expiration or other termination of this Lease, Tenant shall remove from surrender the Property all Premises to Landlord in as good order and condition as they were at the commencement of the Term or may be put in thereafter in accordance with this Lease, reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) damage to the Premises by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, wiring computer and cabling other similar moveable equipment and shelving (unless Landlord directs Tenant otherwise“trade fixtures”), shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination or other expiration of the Term. At the expiration or termination of 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 other personal property installed damage caused by Tenant or its assignees or subtenantssuch removal. Tenant shall repair any damage resulting from such removal Trade fixtures and shall restore the Property to good order and condition. Any of Tenant’s personal property not so removed as required at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall be deemed abandonedbecome the property of Landlord, and Landlord, at Tenant’s expense, Landlord may remove, store, sell or otherwise dispose thereafter cause such property to be removed from the Premises. The reasonable cost of removing and disposing 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 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 for 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 condition number of licensed beds required under 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 pay enter into an operating transition agreement (the “OTA”) with Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession order to provide for the orderly transition of the Premises after operation of the expiration or facility following the termination of this Lease, Tenant’s occupancy of the Premises . The OTA shall be that of provide for 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 procedure for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination assignment and assumption 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 notwithstandingall resident agreements, 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, operating agreements and Tenant shall be liable for all damages, including consequential damages, other agreements that Landlord suffers as a result elects to have assigned from Tenant. In addition, the OTA shall address the transition of licensing requirements for the holdoverFacility 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 return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property unless such damage or loss is due to Landlord’s gross negligence or willful misconduct. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Taleo Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling installed by or on behalf of Tenant (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant ▇▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant▇▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at willsufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that for the first month of any holdover, the Monthly Rent shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover, and thereafter, the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, 126390.00400/118481426v.4 04/15/2019 05:55 A4P4 any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover...
Appears in 1 contract
Sources: Lease Agreement (Penumbra Inc)
Surrender. (a) On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any re-entry by Landlord, Tenant shall return possession of shall, at its expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good conditionorder, condition and repair, ordinary wear, tear and damage by fire or other casualty and damage for which Landlord is solely responsible excepted, together with all Alterations (except as otherwise provided for ordinary wear and tearin this Lease). Tenant shall, at its expense, remove from the Building (i) all of Tenant’s Property, (ii) Extraordinary Fixtures (as defined below) required to be removed by Landlord (in accordance with Section 20.01(b) below), and except for casualty (iii) any personal property of Tenant or persons claiming through or under Tenant, and shall repair or pay the cost of repairing all damage to the Premises and the Building occasioned by such removal. Any Tenant’s Property or other conditions that personal property which shall remain in the Premises (A) after the Expiration Date or (B) for thirty (30) days after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant is not required as Additional Rent on demand. The obligations of Tenant under this shall survive the expiration or sooner termination of the Lease.
(b) Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or such person may have under the provisions of Section 22.01 of the New York Civil Practice Law and Rules and any similar successor law of same import then in force in connection with any holdover proceedings which Landlord may institute to remedy under enforce the provisions of this Article.
(c) Simultaneously with Landlord’s approval of the Initial Improvements or any subsequent Alteration, provided Tenant shall expressly request Landlord to do so in a writing accompanying Tenant’s plans and specifications submitted to Landlord for approval pursuant to Article 7 Landlord shall notify Tenant (i) whether, in Landlord’s opinion, any of the alterations, additions or improvements to be installed with the Initial Improvements or subsequent Alteration in question (as the case may be) constitute an Extraordinary Fixture (and identifying same) and (ii) which items, of those identified as Extraordinary Fixtures, Tenant must remove at the expiration or earlier termination of this Lease. Prior If Landlord notified Tenant at the time Landlord approves the Initial Improvements or any subsequent Alteration in question (as the case may be) that in Landlord’s opinion the alterations, additions or improvements (or any of them) installed in connection therewith constitutes an Extraordinary Fixture, but that Landlord will not require Tenant to remove same at the expiration or sooner termination of this Lease, then Landlord shall have waived its right to cause Tenant to remove such alterations, additions or improvements and Tenant shall not be obligated to remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertysame. If Landlord fails to notify Tenant does not return possession of at the Premises time Landlord approves the Initial Improvements or any subsequent Alteration (as the case may be) that in Landlord’s opinion an alteration, addition or improvement to be installed in connection therewith constitutes an Extraordinary Fixture or that Landlord in the condition required under this Lease, will require Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after to remove same at the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises then Landlord shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject deemed to the provisions of this Lease (unless clearly inapplicable)have waived its right to cause Tenant to remove such alterations, except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover additions or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, improvements and Tenant shall not be liable for all damages, including consequential damages, that Landlord suffers obligated to remove same. “Extraordinary Fixture” means (i) any slab opening in the Premises which does not exist as a result of the holdover.date hereof and which is made by Tenant, and (ii) a fixture which, at the time of installation, (aa) is not the type of improvement customarily found in a standard office installations and (bb) is materially more expensive to remove than the type of improvement that is customarily found in standard office installations; such as, but not by way of limitation, any internal staircases, vaults, safes, raised floors, reinforced floors, slabs, computer installations (including all cabling and wiring), cooking kitchens, libraries, file rooms, conveyors, dumbwaiters, specialty finishes and private bathrooms and any other unusual improvements to the extent that any of the foregoing were installed in the Premises after the date hereof and restore the Premises to their condition prior to the making of such improvements provided that air handlers, chillers and other air conditioning equipment installed by or for Tenant shall in no event constitute “Extraordinary Fixtures”, and provided further that Tenant shall reimburse Landlord for the cost of restoring the elevator, and re-programming the same to reinstate the modifications being performed by Landlord as described in Exhibit L.
Appears in 1 contract
Sources: Lease (MF Global Ltd.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, including the Work completed under Exhibit “E” or “K” as applicable and any Alterations made by Tenant and not required by Landlord to be removed by Tenant, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants; Tenant’s Exterior Sign, in accordance with Section 11; and to the extent required by Landlord in accordance with Section 12, any Alterations constructed and installed by Tenant. Notwithstanding the foregoing, Tenant shall not be required to remove (i) any wiring, conduits or cabling or (ii) any of the Work completed under Exhibit “E” or “K” as applicable, other than non-standard office improvements which Landlord may require Tenant to remove under the terms of Paragraph E-3 of Article II of Exhibit “E”. Tenant shall repair any damage resulting from such removal removal, including matching finishes to the surrounding areas, at Tenant’s sole cost and shall restore the Property to good order and conditionexpense. Any At Landlord’s sole option, any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant ▇▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Landlord may restore the Premises to the condition required to be in when returned by Tenant under the terms of this Lease, and Tenant shall pay Landlord all resulting damages Landlord may sufferthe cost thereof on demand.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant▇▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at willwill or at sufferance at Landlord’s option. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that Tenant shall pay to Landlord, promptly within 10 days of written demand, for each month or partial month Tenant thus remains in possession, (i) for the Monthly Rent shall be double first three (3) months of such holdover, including any partial month before the fourth month of such holdover, a monthly sum equal to one hundred fifty percent (150%) of the highest rate of Monthly Rent payable under the Lease during the Term and (ii) for the last full fourth month immediately preceding or partial month of such holdover, and each subsequent month or partial month of such holdover, a monthly sum equal to two hundred percent (200%) of the holdoverhighest rate of Monthly Rent payable under the Lease during the Term. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, (i) any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, damages that Landlord suffers as a result of the holdoverholdover and (ii) Tenant shall indemnify, defend and hold harmless Landlord against all claims and demands made by succeeding tenants against Landlord, founded upon delay by Landlord in delivering possession of the Premises to such succeeding tenant.
Appears in 1 contract
Surrender. (a) Section 20.01 On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any reentry by Landlord upon the Premises, Tenant shall return possession of shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good conditionorder, condition and repair except for ordinary wear wear, tear and tear, and except for casualty damage by fire or other conditions that Tenant is not required to remedy under insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Prior to the expiration or termination of this Lease, Tenant shall remove from the Real Property all furniture, trade fixtures, equipment, wiring and cabling of Tenant's Property (unless Landlord directs Tenant otherwise), excluding any of Tenants Property which is affixed or attached to the Premises) and all other personal property installed by Tenant and personal effects of all persons claiming through or its assignees or subtenants. Tenant shall repair any damage resulting from such removal under Tenant, and shall restore pay the cost of repairing all damage to the Premises and the Real Property to good order and conditionoccasioned by such removal. Any of Tenant’s 's Property or other personal property not removed as required which shall remain in the Premises after the termination of this Lease shall be deemed abandoned, to have been abandoned and Landlord, at Tenant’s expense, either may remove, store, sell be retained by Landlord as its property or otherwise dispose may be disposed of such property in such manner as Landlord may see fit and/or fit. If such Tenant's Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or sale proceeds as its property. If Tenant does not return possession disposing of the Premises such Tenant's Property or other personal property shall be reimbursed to Landlord in the condition required under this Lease, by Tenant shall pay Landlord all resulting damages Landlord may sufferas Additional Rent on demand.
(b) Section 20.02 If Tenant remains in possession the Expiration Date or the date of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or sooner termination of this Lease shall operate fall on a day which is not a business day, then Tenant's obligations under Section 20.01 shall be performed on or prior to extend the Term immediately preceding business day.
Section 20.03 Tenant expressly waives, for itself and for any person claiming through or prevent under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Article.
Section 20.04 The parties recognize that the damage to Landlord resulting from immediate recovery any failure of Tenant to timely surrender possession of the Premises by summary proceedings will be substantial and will be impossible to accurately measure. Tenant agrees that if possession of the Premises is not delivered to Landlord on the Expiration Date (or otherwise. Any provision any sooner termination date), Tenant, at the option of the Landlord, shall pay to Landlord, as liquidated damages and not as a penalty and in this Lease lieu of consequential damages, a monthly rental equal to the contrary notwithstanding, any holdover by Tenant shall constitute a default on greater of (a) three (3) times the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all Fixed Rent and Additional Rent payable during the last month of the remedies available to Landlord in Term or (b) the event of a Tenant defaultthen current Fair Market Value Rent for the Premises, and Tenant shall be liable for continue to occupy the Premises subject to all damages, including consequential damages, that Landlord suffers as a result of the holdoverother terms and conditions of this Lease insofar as the same are applicable to a month-to-month tenancy.
Section 20.05 Tenant's obligations under this Article shall survive the termination of this Lease.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall repair any damage to and restore the condition of the Premises in accordance with Section 13.2. Tenant shall also remove all of Tenant's Property and shall repair all damage to the Premises, the Building, the Common Area, Property or the Project caused by the installation or removal of Tenant's Property. In no event shall Tenant remove from the Property all furnitureBuilding any mechanical or electrical systems, trade including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any wiring and cabling (or any other aspect of any systems within the Premises, unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant specifically permits or its assignees or subtenantsrequires such removal in writing. Tenant shall repair surrender the Premises, together with all keys and security codes, to Landlord broom clean, in as good a condition as when received, and in the condition described on Exhibit H attached hereto, ordinary wear and tear and damage by fire or casualty excepted. Conditions existing because of Tenant's failure to perform maintenance, repairs or replacements shall not be deemed "reasonable wear and tear”. If Tenant fails to remove any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as Property, or to restore the Premises to the required shall be deemed abandonedcondition, and within 2 days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, may removeshall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, storepreservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyupon demand, the expenses and storage charges incurred. If Tenant does not return possession of fails to remove Tenant’s Property from the Premises to Landlord in the condition required under this Leaseor storage, Tenant shall pay Landlord all resulting damages within 30 days after notice, Landlord may suffer.
(b) If Tenant remains in possession deem all or any part of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall Property to be that of a tenancy abandoned and, at will. Landlord’s option, title to Tenant’s occupancy during Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdovermanner Landlord deems appropriate. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Surrender. (a) On Provided that Lessee does not exercise the date on which purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or any renewal term, or upon demand by Lessor made pursuant to Paragraph 22 of this Lease expires or terminateslease, Tenant Lessee, at its expense, shall return possession all, but not less than all, of the Premises Equipment by delivering it to Landlord such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in good conditionthe same condition as when delivered to Lessee, except for ordinary reasonable wear and teartear excepted, and except in a condition which will permit Lessor to be eligible for casualty damage Manufacturer's standard maintenance contract without incurring any expense to repair or other conditions that Tenant rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is not required received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to remedy under this Lease. Prior to the expiration such missing or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal damaged items and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of Maintainability from the Manufacturer of the Equipment, which letter shall state that the Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of this Lease (unless clearly inapplicable), except that the Monthly Rent lease shall be double automatically extended for a term of 3 months. Thereafter, the Monthly Rent payable term of this lease will be extended for the last subsequent full month immediately preceding the holdoverperiods, on a month to month basis, until Lessee has given at least 90 days written notice terminating this lease. No holdover or Such termination will take effect upon completion of all Lessee's obligations under this lease (including payment by Tenant of all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of this lease). At any time after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises Initial Term, if this lease has been automatically extended as set forth herein, Lessor reserves the right to terminate this lease by summary proceedings or otherwise. Any provision in this Lease 30 days written notice to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLessee.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease (a) if Landlord removes the telephone and other cabling installed in the Premises by the prior tenant, Tenant shall remove all telephone and other cabling installed in the Building by Tenant, (b) Tenant shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring of Tenant's personal property and cabling (unless Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. (c) Tenant shall repair any damage resulting from caused by such removal of the items in clauses (a) and (b). If such removal is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On the date on which last day of the term of this Lease expires or terminates, Tenant shall return possession of upon the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall remove from peaceably surrender the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Leased Premises to Landlord in good order, repair, and condition at least equal to the condition required under this Leasewhen delivered to Tenant, excepting only reasonable wear and tear resulting from normal use, the damage by fire or other casualty covered by the insurance carried by Landlord. All movable fixtures, office equipment, and other personal property of Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession remain the property of the Premises after Tenant, and upon the expiration date or earlier termination of this LeaseLease may be removed from the Leased Premises by Tenant, Tenant’s occupancy of the Premises subject, however, that Tenant shall be that of repair and restore in a tenancy at will. Tenant’s occupancy during good and workmanlike manner (reasonable wear and tear excepted) any holdover period shall otherwise be subject damage to the provisions Leased Premises or Building caused by such removal. Any of this Lease (unless clearly inapplicable)such movable fixtures, 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 office equipment and other personal property not so removed by Tenant after at or prior to the expiration date or earlier termination of this Lease shall operate to extend unless otherwise agreed become the Term or prevent Landlord from immediate recovery property of possession Landlord. All other property as a part of the Leased Premises attached or affixed to the floor, wall or ceiling of the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) are the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease by summary proceedings lapse of time or otherwise, Tenant hereby waiving all rights to any payment or compensation therefor. Any provision in this Lease Notwithstanding anything herein to the contrary notwithstandingcontrary, any holdover by Tenant Tenant's surrender of the Leased Premises shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without in no way affect Tenant's obligation to provide Tenant any notice pay rent to the date of expiration of this Lease, whether or cure period, all not the amount of such obligation has been ascertained either as of the remedies available to Landlord in date Tenant surrenders the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers Leased Premises or as a result of the holdoverdate of expiration of this Lease.
Appears in 1 contract
Surrender. (a) On No act by Landlord shall be an acceptance of a surrender of the date on which this Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease expires Term or terminatesearlier termination of Tenant’s right of possession, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining 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 (including, without limitation, the items of property listed on Exhibit C attached hereto) not so removed by Tenant as permitted or required under herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from L▇▇▇▇▇▇▇’s retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant fails to perform any obligation prior to the expiration or earlier termination of this Lease, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all resulting damages costs associated therewith, plus an administrative fee of 15% of such costs, promptly upon Landlord’s delivery to Tenant of an invoice therefor, and any time required by Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises to complete such obligations shall be that considered a period of a tenancy at will. Tenant’s occupancy during any holdover period holding over and the terms of Paragraph 22 shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverapply.
Appears in 1 contract
Surrender. (aA) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), equipment and all other personal property installed by Tenant or its assignees or subtenants, and unless Landlord directs otherwise, all wiring and cabling installed in the Premises by Tenant. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s 's personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s 's expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property, but such proceeds shall offset the costs in removing and selling such property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages the costs incurred by Landlord may sufferto restore the condition of the Premises.
(bB) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s 's occupancy of the Premises shall be that of a tenancy at will. Tenant’s 's occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double 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 otherwiseotherwise except as otherwise agreed by the parties in writing. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant except as otherwise agreed by Landlord and Tenant in writing shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling located above and below ceilings, in chases and in risers and installed in the Project by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all costs of removal and storage thereof. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting damages Landlord may suffer.
(b) If from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant remains in possession shall surrender all keys to the Premises or any other part of the Premises after Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (3do Co)
Surrender. (a) On Provided that Lessee does not exercise the date on which this Lease expires purchase option as set forth in Paragraph 28 hereof, upon the expiration of the Initial Term, or terminatesany renewal term, Tenant or upon demand by Lessor made pursuant to Paragraph 22 of the lease, Lessee, at its expense, shall return possession all, but not less than all, of the Premises Equipment by delivering it to Landlord such place or on board such carrier, packed for shipping, as Lessor may specify. Lessee agrees that the Equipment, when returned, shall be in good conditionthe same condition as when delivered to Lessee, except for ordinary reasonable wear and teartear excepted, and except in a condition which will permit Lessor to be eligible for casualty damage Manufacturer's standard maintenance contract without incurring any expense to repair or other conditions that Tenant rehabilitate such Equipment. Lessee shall be liable for reasonable and necessary expenses to place the Equipment in such condition. Lessee shall remain liable for the condition of the Equipment until it is not required received and accepted at the destination designated by Lessor as set forth above. If any items of Equipment are missing or damaged when returned, such occurrence shall be treated as an event of Loss or Damage with respect to remedy under this Lease. Prior to the expiration such missing or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal damaged items and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions terms specified in Paragraph 15 below. Lessee shall provide Lessor with a Letter of this Lease (unless clearly inapplicable)Maintainability from the Manufacturer of the Equipment, except which letter shall state that the Monthly Rent Equipment will be eligible for the Manufacturer's standard maintenance contract when sold or leased to a third party. Lessee shall give Lessor prior written notice that it is returning the Equipment as provided above, and such notice must be received by Lessor at least 90 days prior to such return. Should Lessee fail to comply with the provisions described above covering surrender, upon expiration of the Initial Term, the term of the lease shall be double automatically extended for a term of 3 months. Thereafter, the Monthly Rent payable term of the lease will be extended for the last subsequent full month immediately preceding periods, on a month to month basis, until Lessee has given at least 90 days written notice terminating the holdoverlease. No holdover or Such termination will take effect upon completion of all Lessee's obligations under the lease (including payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession all periodic rental payments due during such 90 day period, as provided in Paragraph 9 of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverlease).
Appears in 1 contract
Sources: Master Lease Agreement (Ligand Pharmaceuticals Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall (i) return possession of the Premises to Landlord in good conditiona condition substantially similar to the condition when received by Tenant, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, and (ii) Tenant shall remove have removed from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage occurring during the Term caused by any marking, painting, drilling into or defacement of the Building or any part of the Premises, or resulting from the removal of such removal personal property installed by Tenant or its assignees or subtenants, and Tenant shall restore the Property to good order and condition, normal wear and tear excepted. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, excluding Tenant Improvements, Tenant shall pay Landlord all resulting damages the commercially reasonable costs incurred by Landlord may sufferin restoring the Premises to such condition.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, TenantT▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent for of any holdover period shall be double equal to the Monthly sum of (i) 150% of the monthly Minimum Annual Rent payable for the last full month immediately preceding the holdoverholdover and (ii) Tenant’s Share of Operating Expenses for such month. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwisePremises. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the legal and equitable remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Savara Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furnitureTenant's personal property, trade fixtures, equipment, wiring Trade Fixtures and cabling (unless Alterations that Tenant has the right or is required by Landlord directs Tenant otherwise)to remove under the provisions of this Lease, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Asi Solutions Inc)
Surrender. (a) On A. Upon expiration or other termination of the date on which this Lease expires or terminatesTerm, Tenant shall return possession of promptly quit and surrender to Landlord the Premises to Landlord broom clean, in good order and condition, except for ordinary wear and teartear and loss by fire or other casualty excepted unless due to the negligence of Tenant, and except Tenant shall remove all of its movable furniture and other effects and such Alterations as Landlord shall have required Tenant to remove pursuant to Section 8.C. If Tenant fails to so vacate the Promises, Tenant shall be responsible to Landlord for casualty damage or other conditions that Tenant is not all costs incurred by Landlord as a result of such failure, including amounts required to remedy under be paid to third parties who were to have occupied the Premises.
B. All movable furniture and personal effects of Tenant not removed from the Premises upon their abandonment or upon termination of this Lease. Prior Lease shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant or any other person, and without obligation to account therefor, and Tenant shall pay Landlord all expenses incurred in connection with the storage and/or disposition of such property.
C. If, after the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair without any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains express written agreement remain in possession of the Premises after and continue to pay rent then such holding-over shall be deemed to be a holding upon a tenancy from month-to-month, subject to all the terms and conditions hereof on the part of Tenant to be observed and performed, at a monthly rent equivalent to 150% of the monthly installment paid by Tenant immediately prior to such expiration or termination of this Leasethe then current market rental rate, Tenant’s occupancy of the Premises whichever is greater. All such rent shall be that payable in advance on the same day of a each calendar month. Such month-to-month tenancy at will. Tenant’s occupancy during any holdover period shall otherwise may be subject terminated by either party upon 10 days notice prior to the provisions end of this Lease (unless clearly inapplicable), except that the Monthly Rent any such monthly period. Nothing contained herein shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment construed as obligating Landlord to accept any rental tendered 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 Lease Term or, if so accepted, as relieving Tenant of its liability and obligations pursuant to this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverSection.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires Expiration Date or terminatesupon the termination hereof upon a day other than the Expiration Date, Tenant shall peaceably surrender the Demised Premises in good order, condition and repair (reasonable wear and tear only excepted); warehouse area in broomclean condition; office/restroom area vacuumed and cleaned. Furthermore, Tenant shall be responsible to return possession to its original condition (reasonable wear and tear only excepted) the “controlled environment area” (the “Clean Room”) situated in a portion of the Demised Premises in the event that Landlord advises Tenant, in writing, to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage do so within one hundred twenty (120) days after the Expiration Date or other conditions that Tenant is not required to remedy under earlier termination of this Lease. Prior Landlord will attempt to, but is not obligated to, re-let the Demised Premises to a tenant who would accept the Clean Room in its “as is” condition and, if Landlord is successful in re-letting the Demised Premises to a tenant who will use the Clean Room in its “as is” condition, Tenant shall be absolved from its obligation to restore the Clean Room portion of the Demised Premises to its original condition. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Tenant shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Landlord or Tenant upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Tenant shall remove from the Property all furnitureindemnify Landlord against loss or liability, trade fixturesclaims, equipmentwithout limitation, wiring and cabling (unless Landlord directs made by any succeeding Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenantsfounded on such delay. Tenant shall repair any damage resulting from such removal and shall restore promptly surrender all keys for the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Demised Premises to Landlord in at the condition required under this Lease, Tenant place then fixed for payment of rent and shall pay inform Landlord all resulting damages Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination combinations of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default locks and safes on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverDemised Premises.
Appears in 1 contract
Surrender. (a) On No act by Landlord shall be an acceptance of a surrender of the date on which this Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease expires Term or terminatesearlier termination of Tenant’s right of possession, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining Tenants’ responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made Alterations required to be removed by Tenant under Paragraph 12 and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the condition and repair of the Premises. If Tenant fails to perform any obligation prior to the expiration or earlier termination of this Lease, and such failure continues for more than five (5) business days following written notice from Landlord, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall pay Landlord all resulting damages costs associated therewith, plus an administrative fee of 5% of such costs, within thirty (30) days following Landlord’s delivery to Tenant of an invoice therefor accompanied by reasonable supporting documentation with respect thereto, and any time required by Landlord may suffer.
(b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises to complete such obligations shall be that considered a period of a tenancy at will. Tenant’s occupancy during any holdover period holding over and the terms of Paragraph 22 shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverapply.
Appears in 1 contract
Sources: Lease Agreement (Ziprecruiter, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises and all Alterations to Landlord broom clean and in their condition as of the Commencement Date, except for normal wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations that Tenant is not required to remove; provided, however, that prior to the expiration or earlier termination of this Lease Tenant: (i) shall remove from all telephone and other cabling installed in the Property Building by Tenant, all of Tenant’s personal property, furniture, trade fixturesdecorations, equipmentinterior or exterior signs, wiring and cabling (unless Landlord directs Tenant otherwise)Trade Fixtures, and all other personal property installed Alterations that Landlord timely elects in accordance with this Lease to require Tenant to remove; and (ii) shall repair any damage to the Premises, the Building, Common Areas and perform any restoration work caused or occasioned by Tenant’s compliance with this Section. Tenant shall patch and refinish all penetrations made by Tenant or its assignees agents or subtenantsemployees to the floor, walls, or ceiling of the Premises necessitated by Tenant’s removal of Alterations and/or Trade Fixtures, whether or not made or installed with Landlord’s approval. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings, and floor coverings to the extent the same require repair or replacement beyond normal wear and tear. All repairs shall be made to Landlord’s reasonable satisfaction. If any such removal or repair is not completed before the expiration or earlier termination of the Term, Landlord shall have the right (but no obligation) to cause such removal or repair to be performed and to repair any damage resulting from and perform any restoration work caused or occasioned by such removal and shall restore the Property to good order and conditionremoval. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal, repair and restoration, for storage of Tenant’s property and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal, repair and restoration. Landlord shall also have the right to retain or dispose of all or any portion of Tenant’s property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of Tenant’s property. Upon expiration or earlier termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. The term “normal wear and tear,” for purposes of this provision, shall be construed to mean wear and tear caused to the Premises by the natural aging process that occurs in spite of prudent application of good standards for maintenance and repair; and it is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease if good standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Verigy Ltd.)
Surrender. (a) On Upon the date on which expiration or termination of this Lease expires or terminatesLease, Tenant shall return possession of surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in good their original condition, except for ordinary reasonable wear and tear, damage from casualty or condemnation and except for casualty damage or other conditions any changes resulting from approved Alterations; provided, however, that Tenant is not required to remedy under this Lease. Prior prior to the expiration or termination of this Lease, Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements and Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract
Sources: Lease Agreement (Ryland Group Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that upon the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but not the obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer.
(b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all claims against Landlord for any damages or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.
Appears in 1 contract