Common use of Surrender Clause in Contracts

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 4 contracts

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

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer. (b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 4 contracts

Sources: Lease Agreement (Perclose Inc), Lease Agreement (FSP 50 South Tenth Street Corp), Lease Agreement (Murdock Group Career Satisfaction Corp)

Surrender. (a) On 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. 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. 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 No act or thing done by Landlord during the date on which Lease 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 Landlord. No employee of Landlord or of Landlord’s agents shall have any power to accept the keys of the Premises prior to the termination of this Lease; provided, however, that the foregoing shall not apply to the delivery of keys to Landlord or its agents in its (or their) capacity as managing agent or for purpose of emergency access. In any event, however, the delivery of keys to any employee of Landlord or of Landlord’s agents shall not operate as a termination of this Lease expires or terminatesa surrender of the Premises. (b) Upon the expiration or earlier termination of the Lease Term, or upon any re-entry by Landlord of the Premises, Tenant shall return possession of quit and surrender the Premises to Landlord vacant, broom clean and in good conditionorder, condition and repair, except for ordinary wear and tear, and except for casualty damage by fire or other casualty, if any, and other conditions that requiring repair, if any, which are not the obligation of Tenant is not required to remedy repair under this Lease. Prior to the expiration or termination terms of this Lease, and Tenant shall remove from all of Tenant’s Property therefrom and shall restore the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all Premises to the extent required under any of the other personal property installed by Tenant or its assignees or subtenantsprovisions of this Lease. Tenant shall repair any damage resulting from such to the Premises occasioned by the removal and shall restore the Property to good order and condition. Any by Tenant or any person claiming under Tenant of any of Tenant’s personal property not Property and any Specialty Alterations required to be removed as required shall be deemed abandoned, and Landlord, at pursuant to this Lease. 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 obligations pursuant to Landlord in the condition required under this Lease, Tenant paragraph shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of the Premises after survive the expiration or sooner termination of this Leasethe Lease Term. Tenant expressly waives, for itself and for anyone claiming through or under 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 rights which Tenant may have under the provisions of this Lease (unless clearly inapplicable), except that Section 2201 of the Monthly Rent shall be double New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination foregoing provisions 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 holdoverparagraph.

Appears in 3 contracts

Sources: Lease Agreement (Pershing Square Holdco, L.P.), Lease Agreement (Pershing Square Holdco, L.P.), Office Lease (Epoch Holding 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 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 its original condition, except for reasonable wear and tear and damage from casualty or condemnation; provided, however, that prior to the condition expiration or termination of this Lease Tenant shall remove from the Premises all Tenant’s personal property, trade fixtures, alterations and other Above-Standard Improvements that Tenant has the right or is required by Landlord to remove under the provisions of this Lease, . Tenant shall pay Landlord also be responsible for removal of all resulting damages Landlord may suffer. (b) telephone cables and wires, CRT, data and telephone equipment, and any other form of cabling that exists in Tenant’s space. If Tenant remains in possession any of the Premises after such removal is not completed at the expiration or termination of this Lease, Landlord may remove the same at Tenant’s occupancy of expense. Any damage to the Premises or the Building caused by such removal shall be that of a tenancy repaired promptly by Tenant or, if Tenant fails to do so, Landlord may do so at willTenant’s expense, in which event Tenant shall immediately reimburse Landlord for such expenses together with interest at the Default rate until so paid. Tenant’s occupancy during any holdover period obligations under this Paragraph shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after survive the expiration or termination of this Lease. Upon expiration or termination of this Lease or of Tenant’s possession, Tenant shall operate surrender all keys to extend the Term Premises or prevent Landlord from immediate recovery of possession any other part of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant Building and 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 make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located 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: Building Lease (SteadyMed Ltd.), Building Lease (Mirion Technologies, Inc.), Building Lease (Neonode, Inc)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of repair any damage caused by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertyremoval. If Tenant does such removal is not return possession completed before the expiration or termination of the Premises Term, Landlord shall have the right (but no obligation) to Landlord in remove the condition required under this Leasesame, and Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer. (b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal,storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets, and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, . Landlord’s initials Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.initials

Appears in 2 contracts

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

Surrender. (a) On 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, or upon the exercise by Landlord of Landlord’s right to re-enter the Premises without terminating this Lease, Tenant shall remove will surrender the Premises in the same condition as received or as subsequently improved by Landlord or Tenant, except for (i) ordinary wear and tear and (ii) damage by fire, earthquake, acts of God or the elements for which damage Landlord has received all insurance proceeds, and will deliver to Landlord all keys for the Premises and combinations to safes located in the Premises. Tenant will, at Landlord’s option, remove, or cause to be removed, from the Property Premises or the Building, at Tenant’s expense and as of Expiration Date or earlier termination of this Lease, all furnituresigns, notices, displays, millwork, non-movable trade fixtures, equipmentor, wiring and cabling (unless Landlord directs Tenant otherwise)subject to Subsection 7.5(d) of this Lease, and all other personal property installed by Tenant any non-Building standard tenant improvements placed in the Premises or its assignees or subtenantsthe Building. Tenant shall repair any damage resulting from such removal and shall restore the Property agrees to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlordrepair, at Tenant’s expense, may removeany damage to the Premises or the Building resulting from the removal of any articles of personal property, storemovable business or trade fixtures, machinery, equipment, furniture, movable partitions or non-Building standard tenant improvements, including without limitation, repairing the floor and patching and painting the walls where reasonably required by Landlord. Tenant’s obligations under this Section 7.4 will survive the expiration or earlier termination of this Lease. If Tenant fails to remove any item of property permitted or required to be removed at the expiration or earlier termination of the Term, Landlord, may, at Landlord’s option, (a) remove such property from the Premises at the expense of Tenant and sell or otherwise dispose of such property same in such manner as Landlord may see fit and/or Landlord may retain such property deems advisable, 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 place such property in storage at the expense of Tenant. Any property of Tenant remains remaining in possession of the Premises ten (10) days after the expiration Expiration Date or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or earlier termination of this Lease shall operate will be deemed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises have been abandoned 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 holdoverTenant.

Appears in 2 contracts

Sources: Office Building Lease (Archipelago Learning, Inc.), Office Building Lease (Archipelago Learning, Inc.)

Surrender. (a) On Upon expiration of the date on which this 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 required under as received, subject to any Alterations permitted by Landlord or this LeaseLease to remain in the Premises, free of Hazardous Materials brought upon, kept or used in or about the Premises by any person other than Landlord, its agents, employees, contractors or invitees, released of all Use Clearances, and broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to, or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant's Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting damages Landlord may suffer. (b) If from Landlord's retention and/or disposition of such property. All obligations of Tenant remains in possession hereunder not fully performed as of the Premises after termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of this Leasethe Term, Tenant’s occupancy including without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the condition and repair 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 holdoverPremises.

Appears in 2 contracts

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

Surrender. (a) On Upon the date on which expiration or other termination of this Lease expires or terminates--------- Lease, Tenant shall return possession of surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) in good their original condition, except for ordinary reasonable wear and tear, damage from casualty or condemnation or from acts of Landlord or its agents, employees or contractors 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, Lease Tenant shall remove from the Property Premises any Alterations that Tenant is required by Landlord to remove under the provisions of this Lease, and all furniture, of Tenant's personal property and 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 Landlordand, at Tenant’s expenseLandlord's sole election, 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 any portion of the Premises Tenant Improvements constructed pursuant to Paragraph 4 above that Landlord in advises Tenant, at the condition required under this Lease, Tenant shall pay time Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession approves of the Premises after Final Plans therefor, Landlord will require be removed upon the expiration or sooner termination of this Lease. If such removal is not completed at the expiration or other termination of this Lease, Landlord may remove the same at Tenant’s occupancy 's expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and walls) or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of Alterations from the Premises shall be that of a tenancy at willgoverned by Paragraph 9 above. Tenant’s occupancy during any holdover period 's obligations under this paragraph shall otherwise be subject to survive the provisions expiration or other termination 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 holdoverLease. No holdover or payment by Tenant after the Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall operate surrender all keys to extend the Term Premises or prevent Landlord from immediate recovery of possession any other part of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant Building and 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 make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located 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: Office Lease (Digital Island Inc), Office Lease (Digital Island 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. (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, upon the date on which expiration or earlier termination of this Lease expires or terminatesLease, peaceably surrender the Leased Premises, including any Tenant shall return possession of the Premises to Landlord Improvements, in a broom clean condition and otherwise in as good conditioncondition as when Tenant took possession, except for ordinary (i) reasonable wear and teartear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and except for casualty damage (iii) loss by condemnation. If Tenant shall abandon, vacate or other conditions that surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant is not required and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to remedy Landlord under this LeaseLease as by a b▇▇▇ of sale. Prior Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, Tenant shall remove from surrender to Landlord all keys to the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Leased Premises and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as inform Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in combination of any vaults, locks and safes left on the condition required Leased Premises. The obligations of Tenant under this Lease, Tenant Article 15 shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of the Premises after survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, Tenant’s occupancy including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenants failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the Leased Premises shall be that conclusively deemed correct for purposes of a tenancy at will. determining Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable 's liability for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant repairs and restoration under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.

Appears in 2 contracts

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

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good 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 the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furnitureTenant’s personal property, trade fixtures, equipment, wiring Trade Fixtures and cabling Alterations that Tenant has the right or is required by Landlord to remove under the provisions of this Lease (unless Landlord directs Tenant otherwiseexcept as expressly provided for otherwise in Section 6.1), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer. (b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 2 contracts

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

Surrender. (a) On Upon the date on which expiration or other termination of this Lease expires or terminatesLease, Tenant shall return possession of surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) 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, Lease Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Premises any Alterations that Tenant is required by Landlord directs Tenant otherwise)to remove under the provisions of this Lease, and all other of Tenant's personal property installed by Tenant or its assignees or subtenantsand trade fixtures. Tenant shall repair any damage resulting from If such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property is not removed as required shall be deemed abandoned, and Landlord, completed 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 other termination of this Lease, Landlord may remove the same at Tenant’s occupancy 's expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and walls) or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of Alterations from the Premises shall be that of a tenancy at willgoverned by Paragraph 9 above. Tenant’s occupancy during any holdover period 's obligations under this paragraph shall otherwise be subject to survive the provisions expiration or other termination 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 holdoverLease. No holdover or payment by Tenant after the Upon expiration or termination of this Lease or of Tenant's possession, ▇▇▇▇▇▇ shall operate surrender all keys to extend the Term Premises or prevent Landlord from immediate recovery of possession any other part of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant Building and 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 make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located 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: Office Lease (Ask Jeeves Inc), Office Lease (Ask Jeeves 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 Upon the date on which this Lease expires expiration of the 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 required under this Leaseas received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting damages Landlord may suffer. (b) If from Landlord’s retention and/or disposition of such property. All obligations of Tenant remains in possession hereunder not fully performed as of the Premises after termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of this Leasethe Term, Tenant’s occupancy including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the condition and repair 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 holdoverPremises.

Appears in 2 contracts

Sources: Lease Agreement (Atossa Genetics Inc), Lease Agreement (Elan Corp PLC)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation 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 this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - TENANT IMPROVEMENTS & ALTERATIONS, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer. (b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 2 contracts

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

Surrender. (a) On Section 16.1. Tenant shall, on the last day of the Term, or upon the sooner termination of the Term, quit and surrender to Landlord the Premises vacant, free of all equipment, furniture and other movable personal property of Tenant, and in the same good order and condition as on the Commencement Date, and Tenant shall remove or demolish all of the fixtures, structures and other improvements which Landlord shall have elected to cause Tenant to remove pursuant to and in accordance with Section 5.7 hereof. Tenant's obligation to observe and perform this covenant shall survive the expiration or earlier termination of the Term. Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date on which this Lease expires or terminates, of termination. Section 16.3. Tenant shall return acknowledges that possession of the Premises must be surrendered to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage at the expiration or other conditions that Tenant is not required to remedy under sooner termination of the term of this Lease. Prior Tenant agrees to the expiration indemnify Landlord against and save Landlord harmless from all costs, claims, loss or termination of this Lease, Tenant shall remove liability excluding consequential damages) resulting from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed failure or delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such failure or its assignees or subtenantsdelay. Tenant shall repair any The parties recognize and agree that the damage to Landlord resulting from such removal and shall restore the Property any failure by Tenant to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the Fixed Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord in upon the condition required under this Leaseexpiration or sooner termination of the Term, then Tenant shall pay Landlord to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to the higher of the then fair market rental value of the Premises, taking into account the effect of all resulting damages Landlord may suffer. material factors reasonably relevant to such determination, or one and one-half (b1 1/2) If times the aggregate of the Fixed Rent which was payable under this Lease with respect to the last month of the Term hereof. Nothing herein contained shall be deemed to permit Tenant remains in to retain possession of the Premises after the expiration or sooner termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at willTerm. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by If Tenant holds over in possession after the expiration or termination of this Lease the Term, such holding over shall operate not be deemed to extend the Term or prevent Landlord renew this Lease, but the tenancy thereafter shall continue as a tenancy from immediate recovery month to month upon the terms and conditions of possession this Lease at the Fixed Rent as herein increased. Tenant hereby waives the benefit of any law or statute in effect in the state where the Premises by summary proceedings is located which would contravene or otherwise. Any provision limit the provisions set forth in this Lease to Section 16.3. This provision shall survive the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part expiration or earlier termination of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverLease.

Appears in 2 contracts

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

Surrender. (a) On the date on which this Lease expires 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 Expiration Date or termination of this Sublease, Subtenant shall quit and surrender to Sublandlord the Subleased Premises, broom clean and in as good order and condition as they were on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good conditionEffective Date hereof, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is in accordance with the terms of the Prime Lease, including without limitation, Sections 20.15, 20.17, and 20.19. Subtenant shall not be required to remedy under this Lease. Prior remove any Alterations existing in the Subleased Premises on or prior to the expiration or termination of this LeaseCommencement Date, Tenant and, only Prime Landlord shall have the right to require Subtenant to remove Alterations installed by Subtenant after the Commencement Date. Without limiting the foregoing, Subtenant shall remove from the Property Subleased Premises all of its personal property, the furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise)furnishings, and all other personal property installed equipment including the FF&E, and any Alterations constructed during the Term of this Sublease, except for those approved in writing to remain after the Expiration Date by Tenant or its assignees or subtenants. Tenant the Sublandlord and/or the Prime Landlord pursuant to Section 9 of this Sublease, and shall repair any all damage resulting from such removal or its use of the Subleased Premises, except for normal wear and shall restore the Property tear. If Subtenant fails to good order and condition. Any remove any of TenantSubtenant’s personal property not removed as or perform any related required shall be deemed abandonedrepairs or restoration prior to the expiration or earlier termination of this Sublease, and Landlordthen Sublandlord, at TenantSubtenant’s sole cost and expense, may remove, store, sell or otherwise and/or dispose of Subtenant’s personal property and perform such required repairs and restoration work. Subtenant shall reimburse Sublandlord for any and all costs and expenses incurred by Sublandlord (whether directly or as a pass-through) to cause such property to be removed and repairs and restorations made, together with any and all damages which Sublandlord may suffer and sustain by reason of Subtenant’s failure to perform its obligations set forth in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertythis Section, plus a ten percent (10%) administration fee. If Tenant does not return possession of the Premises Subtenant’s obligations to Landlord in the condition required under perform and observe this Lease, Tenant covenant 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 of Sublease. If the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions last day of this Lease (unless clearly inapplicable)Sublease shall fall on a Saturday, except that the Monthly Rent Sunday or legal holiday, this Sublease shall be double the Monthly Rent payable for expire on the last full month immediately business day 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 holdoversuch last day.

Appears in 1 contract

Sources: Sublease Agreement (Ventyx Biosciences, Inc.)

Surrender. Subject to the provisions of Section 4.05 hereof, on the Expiration Date (a) On the date on which or earlier termination of this Lease expires or terminatesLease), Tenant shall return quit and surrender possession of the Premises to Landlord in as good conditionorder and condition as they were in on the Commencement Date, except for ordinary reasonable wear and tear, taking by c o n d e m n a t i o n and except for casualty repairs that are Landlord’s responsibility under this Lease excepted. Reasonable wear and tear shall not include any damage or other conditions deterioration that would have been prevented by good maintenance p r a c t i c e or by Tenant is not required to remedy performing all of its obligations under this Lease. Prior Tenant shall, without cost to Landlord, remove a l l furniture, equipment, t r a d e fixtures, debris and articles of personal property owned by Tenant in the Premises, and shall repair any damage to the expiration Premises resulting from such removal. Any such property not removed by Tenant by the Expiration Date (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 considered abandoned, and LandlordLandlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, at Tenant’s expense, Landlord may remove, store, sell any or otherwise dispose all of such property at public or private sale, in such manner and at such times and places as Landlord may see fit and/or deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money that may retain such property then or sale proceeds as its property. If thereafter be due to Landlord from Tenant does not return possession under any 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 terms of this Lease; and fourth, the balance, if any, 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 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

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 or the Property 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 any surrender the Premises, together with all keys and security codes, to Landlord broom clean and in as good a condition as when received and generally in the condition described on Exhibit H attached hereto, ordinary wear and tear and damage resulting from such removal and shall restore the Property to good order and conditionby fire or casualty excepted. Any Conditions existing because of Tenant’s personal property failure to perform maintenance, repairs or replacements shall not removed as required shall be deemed abandoned“reasonable wear and tear”. If Tenant fails to remove any of Tenant’s Property, and or to restore the Premises to the required condition, within 5 days after termination of this Lease or Tenant’s right to possession, Landlord, at Tenant’s 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 ▇▇▇▇▇▇’s Property from the Premises to Landlord in the condition required under this Leaseor storage, Tenant shall pay Landlord all resulting damages within 30 days after notice, Landlord may suffer. (b) If Tenant remains in possession deem all or any part of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall Property to be that of a tenancy abandoned and, at will. Landlord’s option, title to Tenant’s occupancy during Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent manner Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdoverdeems appropriate.

Appears in 1 contract

Sources: Multi Tenant Industrial Triple Net Lease (Farmmi, 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

Sources: Lease Agreement (Talk City Inc)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer. (b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) Business Days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from ▇▇▇▇▇▇▇▇'s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 1 contract

Sources: Lease Agreement (Americom Usa Inc)

Surrender. (a) On 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 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 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: Office Lease Agreement (San Holdings 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 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 its original condition, except for reasonable wear and tear and damage from casualty, the condition elements or condemnation; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove from the Premises all Tenant's personal property, trade fixtures, alterations and other Above-Standard Improvements that Tenant has the right or is required by Landlord to remove under the provisions of this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) . If Tenant remains in possession any of the Premises after such removal is not completed at the expiration or termination of this Lease, Landlord may remove the same at Tenant’s occupancy of 's expense. Any damage to the Premises or the Building caused by such removal shall be that of a tenancy repaired promptly by Tenant or, if Tenant fails to do so, Landlord may do so at willTenant's expense, in which event Tenant shall immediately reimburse Landlord for such expenses together with interest at the Default rate until so paid. Tenant’s occupancy during any holdover period 's obligations under this paragraph shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after survive the expiration or termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall operate surrender all keys to extend the Term Premises or prevent Landlord from immediate recovery of possession any other part of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant building and 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 make known to Landlord the combination of locks, on all safes, cabinets and vaults that may be located 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

Sources: Sublease Agreement (Finet Com Inc)

Surrender. (a) On Section 16.1. Tenant shall, on the date 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. Notwithstanding the foregoing, if, on the last day of the Term, Landlord then has a right pursuant to this Lease expires or terminatesto use the Landlord's Storage Area, Tenant shall return only have an obligation to quit and surrender the Landlord's Storage Area to Landlord in its condition existing on such day. Section 16.2. Upon the expiration of the Term, all Fixed Rent and Additional Rent and other items payable by Tenant under this Lease shall be apportioned to the date of termination. Section 16.3. Tenant acknowledges that possession of the Premises must be surrendered to Landlord 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 1 contract

Sources: Lease Agreement (Marketing Specialists Corp)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove 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 Upon the date on which this Lease expires expiration or terminatesother termination of the Term, Tenant shall return will immediately vacate and surrender possession of the Premises to Landlord in good order, repair and condition, broom clean, except for ordinary wear and tear, tear and except for casualty damage or other conditions that Tenant is not required to remedy under this Leaseby casualty. Prior to Upon the expiration or other termination of the Term, at Landlord's option, Tenant shall restore the Premises to the same condition as they were in at the beginning of the Term after the completion of the initial build-out performed in accordance with Exhibit B to this LeaseLease and after any additional build-out if Tenant exercises either or both of its expansion or contraction options, and remove those additional Alterations installed for or during Tenant's occupancy from and after the Commencement Date, whether made by Landlord or Tenant, which Landlord either had no right to consent to or specified in its consent to the same that it must be removed at the end of the Term, shall request Tenant to remove. Upon expiration or other termination of the Term, Tenant shall remove from the Property all furniture, of Tenant's trade fixtures, equipmentoffice furniture, wiring office equipment and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenantsproperty. Tenant shall repair will pay Landlord on demand the reasonable, documented cost of repairing any damage resulting from to the Premises or Building caused by the installation or removal of any such removal and shall restore the Property to good order and conditionitems. Any of Tenant’s personal 's property not removed as required shall remaining in the Premises will be conclusively deemed abandonedto have been abandoned by Tenant and may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord without notice or obligation to account to or compensate Tenant, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of Tenant will pay Landlord on demand all costs incurred by Landlord relating to such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its abandoned property. If Tenant does not return possession of the Premises to Landlord in the condition required Tenant's obligations under this Lease, Tenant Section 3.4 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 survive 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 expiration 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 holdoverTerm.

Appears in 1 contract

Sources: Office Lease Agreement (Quixote Corp)

Surrender. (a) On Upon the date on which expiration or other termination of this Lease expires or terminatesLease, Tenant shall return possession of surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) 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, Lease Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Premises any Alterations that Tenant is required by Landlord directs Tenant otherwise)to remove under the provisions of this Lease, and all other of Tenant's personal property installed by Tenant or its assignees or subtenants(including, without limitation, all voice and data cabling) and trade fixtures. Tenant shall repair any damage resulting from If such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property is not removed as required shall be deemed abandoned, and Landlord, completed 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 other termination of this Lease, Landlord may remove the same at Tenant’s occupancy 's expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and walls) or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of Alterations from the Premises shall be that of a tenancy at willgoverned by Paragraph 9 above. Tenant’s occupancy during any holdover period 's obligations under this paragraph shall otherwise be subject to survive the provisions expiration or other termination 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 holdoverLease. No holdover or payment by Tenant after the Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall operate surrender all keys to extend the Term Premises or prevent Landlord from immediate recovery of possession any other part of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant Building and 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 make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located 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

Sources: Office Lease (Ask Jeeves 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 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: Sublease Agreement (Fox Hollow Technologies 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, 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 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 Expiration Date or termination of this Sublease, Subtenant shall quit and surrender to Sublandlord the Subleased Premises, in the condition required by the terms of the Prime Lease, Tenant including, without limitation, performance of all removal and restoration obligations regardless of which entity or person installed or performed the alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, or furniture. Without limiting the foregoing, Subtenant shall remove from the Property Subleased Premises all of its personal property, furniture, trade fixturesfurnishings, 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 all damage resulting from such removal and shall restore or its use of the Property Subleased Premises. If Subtenant fails to good order and condition. Any remove any of TenantSubtenant’s personal property not removed as or perform any required shall be deemed abandonedrepairs or restoration prior to the expiration or earlier termination of this Sublease, and Landlordthen Sublandlord, at TenantSubtenant’s sole cost and expense, may remove, store, sell or otherwise and/or dispose of Subtenant’s personal property and perform such required repairs and restoration work. Subtenant shall reimburse Sublandlord for any and all costs and expenses incurred by Sublandlord (whether directly or as a pass-through) to cause such property to be removed and repairs and restorations made, together with any and all damages which Sublandlord may suffer and sustain by reason of Subtenant’s failure to perform its obligations set forth in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertythis Section, plus a [***] percent ([***]%) administration fee. If Tenant does not return possession of the Premises Subtenant’s obligations to Landlord in the condition required under perform and observe this Lease, Tenant covenant 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 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 holdoverSublease.

Appears in 1 contract

Sources: Sublease Agreement (Senti Biosciences, Inc.)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession last day of the Premises to Landlord in good conditionterm, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to the expiration or upon sooner termination of this Lease, the Tenant shall remove from surrender to the Property Landlord the Premises and all furnitureTenant's improvements and alterations, trade fixturesbroom clean, equipment, wiring maintained and cabling (unless Landlord directs Tenant otherwise)repaired in accordance with Paragraph 8 hereof, 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 required as when received, except reasonable wear and tear and except for improvements and alterations that the Tenant has the right to remove 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)Lease. The Tenant shall remove all of its personal property within the above stated time, except that but any such removal shall not affect the Monthly Rent Landlord's lien on such personal property until all amounts owing by the Tenant hereunder are paid in full. The Tenant shall be double promptly perform all restoration made necessary by the Monthly Rent payable for removal of any improvements or alterations or Tenant's personal property within the last full month immediately preceding the holdovertime periods stated in this paragraph. No holdover or payment by The Tenant after the expiration or termination of this Lease shall operate promptly repair any physical damage 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 arising as a result of the holdoverTenant's vacation of the Premises. The Landlord can elect to retain or dispose of in any manner any improvements or alterations or the Tenant’s personal property that the Tenant does not remove from the Premises on expiration or termination of the term as allowed or required by this Lease by giving at least ten (10) days’ written notice to the Tenant. Title to any such improvements or alterations or the Tenant’s personal property that the Landlord elects to retain or dispose of on expiration of the ten (10) day period shall vest in the Landlord. The Tenant waives all claims against the Landlord for any damage to the Tenant resulting from the Landlord’s retention or disposition of any such alterations of the Tenant’s personal property.

Appears in 1 contract

Sources: Triple Net Month to Month Real Property Lease (Earthshell 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; 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 the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1—Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer. (b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 1 contract

Sources: Lease Agreement (Clean Energy Fuels Corp.)

Surrender. All alterations, additions, improvements, and fixtures (aother than Subtenant’s unattached, readily movable furniture and equipment) On which are made or installed by or at the date on which request of Subtenant upon the Demised Premises shall remain upon and be surrendered with the Demised Premises and become the property of Sublessor at the termination of this Lease expires Sublease without credit or terminatescompensation; provided, Tenant however, if Sublessor requests their removal (as a condition to and at the same time as consenting to an alteration, Subtenant shall return possession of remove the same and restore the Demised 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 its original condition prior to the making of such alterations or improvements at Subtenant’s expense. Notwithstanding the foregoing, upon expiration or termination of this LeaseSublease, Tenant Subtenant shall, (a) at Subtenant’s expense, remove all of its unattached, movable trade fixtures and personal property from the Demised Premises and repair any damage occasioned by such removal and (b) not be required to remove any portion of Landlord’s Work. Any such trade fixtures or other property of Subtenant not so removed shall be deemed abandoned by Subtenant, and Sublessor at Sublessor’s option, shall have the right to retain all or any part of such property, in which event title thereto shall thereupon vest in Sublessor, or remove from the Property Demised Premises and dispose of in any manner all furnitureor any part of such property, trade fixturesin which latter event Subtenant shall pay to Sublessor as additional rental within ten (10) days of demand the actual expense of such removal and disposition and the actual expense of repair or damage to the Demised Premises resulting from or caused by such removal. The obligations of this Paragraph 21 shall survive the termination of this Sublease. At the termination or expiration of this Sublease, equipment, wiring and cabling Subtenant shall remove Subtenant’s signs (unless Landlord directs Tenant otherwise), and all other personal property than signs installed by Tenant or its assignees or subtenants. Tenant shall Sublessor) from the exterior and interior of the Demised Premises and 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 suffertherefrom. (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: Sublease (HeartWare International, Inc.)

Surrender. (a) On No act or thing done by Landlord during the date on which Lease 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 Landlord. No employee of Landlord or of Landlord’s agents shall have any power to accept the keys of the Premises prior to the termination of this Lease; provided, however, that the foregoing shall not apply to the delivery of keys to Landlord or its agents in its (or their) capacity as managing agent or for purpose of emergency access. In any event, however, the delivery of keys to any employee of Landlord or of Landlord’s agents shall not operate as a termination of this Lease expires or terminatesa surrender of the Premises. (b) Upon the expiration or earlier termination of the Lease Term, or upon any re-entry by Landlord of the Premises, Tenant shall return possession of quit and surrender the Premises to Landlord vacant, broom clean and in good conditionorder, condition and repair, except for ordinary wear and tear, and except for casualty damage by fire or other casualty, if any, and other conditions that requiring repair, if any, which are not the obligation of Tenant is not required to remedy repair under this Lease. Prior to the expiration or termination terms of this Lease, and Tenant shall remove from all of Tenant’s Property therefrom and shall restore the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all Premises to the extent required under any of the other personal property installed by Tenant or its assignees or subtenantsprovisions of this Lease. Tenant shall repair any damage resulting from such to the Premises occasioned by the removal and shall restore the Property to good order and condition. Any by Tenant or any person claiming under Tenant of any of Tenant’s personal property not Property and any Specialty Alterations required to be removed as required shall be deemed abandoned, and Landlord, at pursuant to this Lease. 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 obligations pursuant to Landlord in the condition required under this Lease, Tenant paragraph shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of the Premises after survive the expiration or sooner termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except 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.the

Appears in 1 contract

Sources: Lease Agreement (Cowen 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 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 in accordance with this Section 19.1. 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 (Tercica Inc)

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

Sources: Lease Agreement (FSP 50 South Tenth Street 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 Landlord Improvements and Tenant Improvements (including, without limitation, all telephone and other cabling installed in the Building by Tenant) 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 Premises all Tenant’s Personal Property and any Trade Fixtures and all furniture, trade fixtures, equipment, wiring and cabling (unless Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1—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 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 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 (PharMEDium Healthcare Holdings, Inc.)

Surrender. (a) On Upon expiration of the date on which this Lease expires Term or terminatesearlier termination of Tenant's right of possession, Tenant shall return possession of the Premises to Landlord in good conditionmay, 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 subject to the expiration or termination exercise of this Leaseany remedies by Landlord, Tenant shall remove from the Tenant's 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 required under this Leaseas received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 17 and 18 excepted and shall return to Landlord all keys to offices and restrooms furnished to, or otherwise procured by, Tenant. If any such key is lost, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If to Landlord, at Landlord's election, either the cost of replacing such lost key or the cost of changing the lock or locks opened by such lost key. Any Trade Fixtures, Alterations and property not so removed by Tenant remains in possession of the Premises after the expiration as permitted or termination of this Lease, Tenant’s occupancy of the Premises required herein shall be that deemed abandoned and may be stored, removed, and disposed of a tenancy by Landlord 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's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Term shall be liable for all damagessurvive the termination of the Term, including consequential damageswithout limitation, that Landlord suffers as a result indemnity obligations, payment obligations with respect to Rent and obligations concerning the condition and repair of the holdoverPremises, including the obligation to obtain all required Hazardous Materials Clearances.

Appears in 1 contract

Sources: Lease Agreement (Biogen Inc)

Surrender. (a) On Upon the date on which this Lease expires expiration of the 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 required under this Leaseas received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Party (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting damages Landlord may suffer. (b) If from Landlord’s retention and/or disposition of such property. All obligations of Tenant remains in possession hereunder not fully performed as of the Premises after termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier termination of this Leasethe Term, Tenant’s occupancy including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the condition and repair 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 holdoverPremises.

Appears in 1 contract

Sources: Lease Agreement (iTeos Therapeutics, Inc.)

Surrender. (aA) On the expiration date on which or upon the sooner termination of this Lease expires or terminatesupon any re-entry by Lessor upon the Premises, Tenant shall return possession of Lessee shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord Lessor "broom clean" and in good conditionorder, condition and repair except for the ordinary wear wear, tear and tear, and except for casualty damage by fire or other conditions that Tenant is not required to remedy under this Leaseinsured casualty, together with all improvements and fixtures installed by Lessor. Prior to the expiration or termination of this Lease, Tenant Lessee shall remove from the Property Building all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), of Lessee's property 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 Lessee, and shall restore pay the Property cost of repairing all damage to good order the Premises and conditionthe Building and land occasioned by such removal. Any expense incurred by Lessor in removing or disposing of Tenant’s such Lessee's property or other 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 reimbursed to Lessor by Lessee as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. Additional Rent on demand. (B) If Tenant does not return possession the end of the Premises Lease Term or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Lessee's obligations under Paragraph (A) shall be performed on or prior to Landlord in the condition required under immediately preceding business day. (C) If the premises are not surrendered upon the termination of this Lease, Tenant shall pay Landlord Lessee hereby indemnifies and agrees to hold Lessor harmless against liability, damages, claims, demands, expenses, including the defense thereof, including attorneys fees and court costs at all levels, resulting damages Landlord may sufferfrom delay by Lessee in so surrendering the Premises, including any claims made by any succeeding lessee or prospective lessee founded upon such delay. (bD) If Tenant In the event Lessee remains in possession of the Premises after the expiration termination of this Lease without the execution of a new lease or exercise of its renewal rights, if any, herein, Lessee, at the option of the Lessor, shall be deemed to be occupying the Premises as a lessee from month to month, at a rental equal to one and one half (1.5) times the last monthly Basic Rent per month and such additional rental as provided for herein, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. (E) Lessee's obligations under this Article shall survive the termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 1 contract

Sources: Lease Agreement (Internet Commerce Corp)

Surrender. (a) On 20.1 No act or thing done by Landlord or Landlord Parties shall be deemed an acceptance of a surrender of the date on which this Lease expires or terminates, Tenant shall return possession Premises unless such acceptance is expressed in writing and duly executed by Landlord. The delivery of any keys to the Premises to Landlord or Landlord Parties shall not operate as a termination of this Lease or as an acceptance of Tenant’s surrender of the Premises. If Tenant surrenders the Premises, or is dispossessed by process of law or otherwise, any personal property left in good conditionor about the Premises shall, except for at the option of Landlord, be deemed abandoned and title thereto shall pass to Landlord under this Lease as by a b▇▇▇ of sale; provided, however, that Landlord may, at its sole discretion, remove all or any part of such personal property from the Premises and the expenses incurred by Landlord in connection therewith, including storage costs and the cost of repairing any damage to the Premises and/or the Project caused by such removal, plus an administrative fee of ten percent (10%), shall constitute Additional Rent. The obligations of Tenant under this Section shall survive the expiration or earlier termination of this Lease. 20.2 Tenant shall, upon the expiration of the Lease Term or earlier termination of this Lease, surrender the Premises to Landlord, broom clean and in the same condition as that existing on the Commencement Date, ordinary wear and teartear excepted, and except for casualty damage or other conditions that Tenant is not shall remove any Alterations required to remedy under this Leasebe removed in accordance with the provisions of Section 13.4. Prior to Upon the expiration of the Lease Term 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 surrender 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 keys 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 holdoverPremises.

Appears in 1 contract

Sources: Office Lease Agreement (Greenwood Hall, 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 other termination of this Lease, Tenant shall remove from return all keys and quit and surrender to Landlord the Property all furniturePremises, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), together with Tenant’s Improvements and all other personal property installed by Tenant or its assignees or subtenants. Tenant affixed to the Premises, excluding Tenant’s Moveable Property and Signage, which shall repair any damage resulting from such removal and shall restore remain the Property to property of Tenant, in good order and condition, ordinary wear and tear, casualty and condemnation excepted. Any Subject to the last sentence 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 Leasesubparagraph (a), Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of the Premises after shall, prior to the expiration or other termination of this Lease, remove all Tenant’s occupancy of Moveable Property and other property belonging to it which is not affixed to the Premises shall and failing to do so, Landlord may cause all of said personal property to be that of a tenancy at willremoved. Tenant’s occupancy during any holdover period obligation to observe or perform this covenant shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after survive the expiration or other termination of this Lease Lease. In the alternative, Landlord may, at its option, treat any and all items not removed by Tenant on or before the date of expiration or other termination of this Lease, other than such items that are not owned by Tenant, as having been relinquished by Tenant and such items shall operate to extend become the Term property of Landlord with the same force and effect as if Tenant had never owned or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwiseotherwise had any interest in such items. Any provision in this Lease Anything herein to the contrary notwithstanding, Tenant may, but shall not be obligated to, remove any holdover by safes (whether or not built-in), vaults, night depositories, security deposit box assemblies, ATM machines and equipment, teller stations or any other items of Tenant’s Moveable Property that Tenant shall constitute a default on may elect to leave in the part Premises upon the expiration or other 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 not be liable obligated to reimburse Landlord for all damagesthe cost of removing said items from the Premises. In the event Tenant does remove its ATM machines and equipment on surrendering the Premises, including consequential damages, that Landlord suffers as a result Tenant shall cover and secure any openings in walls caused by the removal of the holdoversuch machines and equipment.

Appears in 1 contract

Sources: Deed of Lease (Bank of the James Financial Group Inc)

Surrender. (a) On Upon the date on which expiration or other termination of this Lease expires or terminatesLease, Tenant shall return possession of surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) 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, Lease Tenant shall remove from the Property Premises any Alterations that Tenant is required by Landlord to remove under the provisions of this Lease, and all furniture, of Tenant's personal property and trade fixtures, equipmentand, wiring and cabling (unless Landlord directs Tenant otherwise)at Landlord's sole election, and all any other personal property improvements, whether installed by Tenant Landlord or its assignees Tenant, that are of a type or subtenantsquantity that would not be installed by or for a typical tenant using space for general office purposes, or are otherwise nonstandard. Tenant shall repair any damage resulting from If such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property is not removed as required shall be deemed abandoned, and Landlord, completed 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 other termination of this Lease, Landlord may remove the same at Tenant’s occupancy 's expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and walls) or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of Alterations from the Premises shall be that of a tenancy at willgoverned by Paragraph 9 above. Tenant’s occupancy during any holdover period 's obligations under this paragraph shall otherwise be subject to survive the provisions expiration or other termination 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 holdoverLease. No holdover or payment by Tenant after the Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall operate surrender all keys to extend the Term Premises or prevent Landlord from immediate recovery of possession any other part of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant Building and 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 make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located 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

Sources: Office Lease (Norcal Waste 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 the expiration or early termination of this Lease, Tenant shall remove from deliver all keys to Landlord, have final utility readings made and pay all utility accounts current on the Property date of move out, and surrender the Premises clean and free of debris inside and out, with all furnituremechanical, trade fixtureselectrical, equipmentand plumbing systems in good operating condition, wiring all signing removed and cabling (unless Landlord directs Tenant otherwise)defacement corrected, all repairs called for under this Lease completed, all interior walls repaired and repainted if marked or damaged, all carpets steam cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, and all other floors cleaned, all to the reasonable satisfaction of Landlord. Also prior to the expiration or earlier termination of the Lease Term, Tenant shall, at its sole cost and expense, remove all Tenant’s personal property installed from the Premises. The Premises shall be delivered in the same condition as at the Commencement Date, subject only to damage by Tenant or its assignees or subtenantscasualty, the provisions of Paragraphs 6.4, 6.5, 6.6 and 17.2 and depreciation and wear from ordinary use. Tenant shall repair any remove all of its furnishings and trade fixtures that remain its property and restore all damage resulting from such removal and shall restore the Property removal. Failure to good order and condition. Any of Tenant’s personal remove said property not removed as required shall be deemed abandonedan abandonment of same, and Landlord, at Tenant’s expense, Landlord may remove, store, sell or otherwise remove and/or dispose of such property it in such any 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 permitted 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, law without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant defaultliability, and Tenant shall be liable to Landlord for any costs of removal, restoration, transportation to storage, storage and/or disposal, plus an administrative fee of ten percent (10%), together with interest on all damagessuch expenses and fees at the interest rate provided in Paragraph 25.2. The provisions of this Paragraph 17.1 (including, including consequential damageswithout limitation, that Landlord suffers as a result all provisions referenced herein) shall survive the expiration or earlier termination of the holdoverthis Lease.

Appears in 1 contract

Sources: Lease (Minerva Surgical Inc)

Surrender. (a) On Upon termination of the date on which this Lease expires Term or terminatesearlier termination of Tenant's right of possession, Tenant shall return possession of surrender the Premises to Landlord in compliance with the applicable provisions of Sections 12(b), 12(c) and 12(e) above and broom clean and in good conditionorder, except for condition and repair, ordinary wear and tear, and except damages for casualty damage or other conditions that Tenant which Landlord 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 responsible under this Lease, and casualty loss and condemnation excepted. Any Tenant's Property, Extraordinary Fixture, Tenant-Made Alterations and Tenant's Trade Fixtures not removed by Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of the Premises after as permitted or required herein on 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 within 15 days after the expiration or termination of this Lease shall operate to extend the Term or prevent be deemed abandoned and may be stored, removed, and disposed of by Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstandingat Tenant's expense (except that any Tenant-Made Alterations, any holdover by Extraordinary Fixtures, any Tenant's Trade Fixtures and any items of Tenant's Property that Tenant was not required to remove and that Landlord so stores, removes or disposes of shall constitute a default on the part be stored, removed and disposed of Tenant under this Lease entitling Landlord to exerciseat Landlord's expense, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant defaultrather than 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 and Landlord hereunder not fully performed as of the termination of the Lease Term shall be liable for all damagessurvive the termination of the Lease Term, including consequential damageswithout limitation, that Landlord suffers as a result indemnity obligations, payment obligations with respect to Additional Rent for the Common Area Land and obligations concerning the condition and repair of the holdoverPremises.

Appears in 1 contract

Sources: Lease Agreement (Barnesandnoble Com 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 - 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 (Cascade Microtech Inc)

Surrender. (a) On Upon the date on which expiration or earlier termination of the Term of this Lease expires or terminatesLease, Tenant shall return possession of surrender the Premises to Landlord in good conditionthe same condition and suitable for the same use in which the Premises were on the Commencement Date, except as repaired, rebuilt or altered as required or permitted by this Lease (or, in the case of termination pursuant to Section 10 or 13 herein), and in all cases except for ordinary wear and tear, and except shall surrender keys to the Premises to Landlord at the place then fixed for casualty damage notices to Landlord and shall inform Landlord of all combinations on locks, safes and vaults, if any. Except as otherwise provided herein, Tenant shall at such time remove all of its property (including Tenant’s Trade Fixtures). All property of Tenant not removed on or before expiration of the Term of this Lease shall be deemed abandoned and Landlord may remove all ·such property of Tenant, includi11g Tenant’s Trade Fixtures, from the Premises and cause its transportation and storage, at the sole risk and expense of Tenant, and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto and Landlord shall be entitled to dispose of such property, as Landlord deems fit, without the requirement of an accounting. This Section 21. l shall survive the termination of this Lease. (b) If the Premises are not surrendered as above set forth, and such holdover continues for a period in excess of ninety (90) days, Tenant shall indemnify, defend and hold Landlord and any Mortgagee ham1less from and against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any claim made by any succeeding lessee or prospective occupant founded on such delay. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other conditions that Tenant is not required to remedy under termination of this Lease. Prior to If Tenant holds possession of the Premises after expiration or termination of the Term of this Lease, Tenant shall remove become a tenant from month to month upon the Property all furniture, trade fixtures, equipment, wiring and cabling (unless terms herein specified. Such month to month tenancy may be terminated by either Landlord directs or Tenant otherwise)by giving 30 days’ notice of termination to the other at any time. ]n addition to the foregoing, 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 in addition to 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 LeaseAdditional Rent, Tenant shall pay to Landlord all resulting damages Landlord may suffer. (b) If for the first month a sum equal to 125% of the Fixed Rent payable hereunder for the month immediately prior to the expiration of this Lease and, thereafter, a sum equal to 150% of the Fixed Rent payable hereunder for the month immediately prior to the expiration of this Lease, during each month or portion thereof for which Tenant remains shall remain in possession of the Premises or any part thereof after the termination of the Term or of Tenant’s rights of possession, whether by lapse of time or otherwise. The provisions of this subsection shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein, at law or at equity. (c) Except for surrender upon the expiration or earlier termination of the Term hereof as expressly provided herein, no surrender to Landlord of this Lease, Tenant’s occupancy Lease or of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject valid or effective unless agreed 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 and accepted in writing 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 holdoverMortgagee.

Appears in 1 contract

Sources: Sublease Agreement (Sema4 Holdings Corp.)

Surrender. (a) On At the date on which this Lease expires Expiration Date 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 upon termination of this Lease pursuant to a right to terminate granted in this Lease, Tenant shall remove from the Property Premises and the Improvements and all furnitureother improvements upon the Premises shall, trade fixtureswithout compensation to Lessee or any other party, equipmentthen become the sole property of Lessor or Lessor’s designee, wiring free and cabling (unless Landlord directs Tenant otherwise)clear of all claims to or against them by Lessee or any third person claiming through Lessee, and all other personal property installed liens, security interests, and encumbrances created by Tenant or its assignees or subtenants. Tenant through Lessee and Lessee shall repair any damage resulting defend and indemnify Lessor against all liability and loss, including but not limited to reasonable attorneys’ fees and costs through litigation and all appeals, arising from such removal claims, liens, security interests and shall restore the Property to good order encumbrances. The Premises and condition. Any of Tenant’s personal property not removed as required Improvements shall be deemed abandonedsurrendered to Lessor in good order, condition and Landlord, at Tenant’s expense, may remove, store, sell repair. At the Expiration Date or otherwise dispose upon termination of such property this Lease pursuant to a right to terminate granted 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 Lessee and any approved subtenants shall pay Landlord have the right to remove any or all resulting damages Landlord may suffer. (b) If Tenant personal property of Lessee or any approved subtenants from the Premises and the Improvements, provided all resultant injuries to the Premises or the Improvements are remedied. Any personal property of Lessee or its approved subtenants that remains in possession of on the Premises after the expiration or termination date shall be deemed abandoned and, at Lessor’s election, may be retained by ▇▇▇▇▇▇ as ▇▇▇▇▇▇’s property, disposed of by Lessor, without accountability, in such manner as Lessor sees fit (including having the same stored at the risk and expense of Lessee), or required by ▇▇▇▇▇▇’s written notice to Lessee to be removed by ▇▇▇▇▇▇. The provisions of this Section shall survive the expiration 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

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from peaceably leave and surrender the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Leased Premises to Landlord in the same condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of which the Leased Premises after was at the expiration or termination commencement of this Lease, Tenant’s occupancy except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, and except for ordinary wear and tear. Upon such surrender, Tenant shall (a) remove from the Leased Premises all personal property, Trade Fixtures and equipment (other than the Building Equipment) which is owned by Tenant or third parties other than Landlord and (b) repair any damage caused by such removal. The personal property, Trade Fixtures and equipment not so removed shall become the property of Landlord. Landlord may thereafter cause such property to be removed from the Leased Premises. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment paid by Tenant to Landlord upon demand. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Section 26. If Tenant holds over in possession after the expiration or termination of this Lease the Term, then such holding over shall operate not be deemed to extend the Term or prevent Landlord from immediate recovery of possession renew this Lease, but rather the tenancy thereafter shall continue as a tenancy at sufferance pursuant to the terms and conditions herein contained, at one hundred fifty percent (150%) of the Premises by summary proceedings Interim Rent or otherwise. Any provision Minimum Rent in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default effect on the part date of such expiration (plus the requirement that Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available pay to Landlord in the event of a Tenant default, all Additional Rent); and Tenant shall be liable for indemnify, defend, protect (with counsel selected by Landlord) and hold Landlord and all Indemnitees wholly free and harmless of, from and against any and all damages, losses, costs, expenses and claims arising therefrom, including consequential damagesreasonable attorneys’ fees and costs. This Section 26 shall survive expiration, that Landlord suffers as a result termination or rejection in bankruptcy of the holdoverLease.

Appears in 1 contract

Sources: Purchase Agreement (Lmi Aerospace 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 from the Property Premises Tenant's personal property, (other than cabling and telephone equipment) and any Trade Fixtures and all furniture, trade fixtures, equipment, wiring and cabling (unless Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer. (b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 1 contract

Sources: Lease Agreement (Pegasus Solutions Inc)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation, Landlord’s obligations and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as required shall be deemed abandonedprovided in Section 6.1 - Tenant Improvements & Alterations, and Landlordrepair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, at Tenant’s expense, may remove, store, sell Landlord shall have the right (but no obligation) to remove the same. Landlord shall also have the right to retain or otherwise dispose of all or any portion of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If if Tenant does not return possession pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of the Premises to Landlord in the condition required under any such property. Upon expiration or termination of this LeaseLease or of Tenant’s possession, whichever is earliest, Tenant shall pay surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all resulting damages keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may suffer. (b) If be located in the Premises. In no event shall Tenant remains be required to remove the Tenant Improvements or any Alterations except as provided in possession of the Premises after Section 6.1. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 1 contract

Sources: Lease Agreement (Mocon Inc)

Surrender. (aA) On the expiration date on which or upon the sooner termination of this Lease expires or terminatesupon any re-entry by Lessor upon the Premises, Tenant shall return possession of Lessee shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord Lessor "broom clean" and in good conditionorder, condition and repair except for the ordinary wear wear, tear and tear, and except for casualty damage by fire or other conditions that Tenant is not required to remedy under this Leaseinsured casualty, together with all improvements and fixtures installed by Lessor. Prior to the expiration or termination of this Lease, Tenant Lessee shall remove from the Property Building all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), of Lessee's property 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 Lessee, and shall restore pay the Property cost of repairing all damage to good order the Premises and conditionthe Building and land occasioned by such removal. Any expense incurred by Lessor in removing or disposing of Tenant’s such Lessee's property or other 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 reimbursed to Lessor by Lessee as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. Additional Rent on demand. (B) If Tenant does not return possession the end of the Premises Lease Term or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Lessee's obligations under Paragraph (A) shall be performed on or prior to Landlord in the condition required under immediately preceding business day. (C) If the premises are not surrendered upon the termination of this Lease, Tenant shall pay Landlord Lessee hereby indemnifies and agrees to hold Lessor harmless against liability, damages, claims, demands, expenses, including the defense thereof, including attorneys fees and court costs at all levels, resulting damages Landlord may sufferfrom delay by Lessee in so surrendering the Premises, including any claims made by any succeeding lessee or prospective lessee founded upon such delay. (bD) If Tenant In the event Lessee remains in possession of the Premises after the expiration termination of this Lease without the execution of a new lease or exercise of its renewal rights, if any, herein, Lessee, at the option of the Lessor, shall be deemed to be occupying the Premises as a lessee from month to month, at a rental equal to one and one half (1 1/2) times the last monthly Basic Rent per month and such additional rental as provided for herein, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. (E) Lessee's obligations under this Article shall survive the termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 1 contract

Sources: Lease Agreement (Internet Commerce Corp)

Surrender. (a) On the date on which termination of this Lease expires or terminatesSublease, Tenant Sublessee shall return possession of quit and surrender the Subleased Premises to Landlord Sublessor broom-clean and in good conditionorder, condition and repair, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this in accordance with the applicable provisions of the Primary Lease. Prior to If the expiration or Subleased Premises are not surrendered upon the termination of this LeaseSublease, Tenant shall remove Sublessee hereby indemnifies Sublessor from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), against any and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any loss, cost, liability, claim, damage and expense resulting from such removal either the failure to surrender the Subleased Premises in the manner required herein, or any delay by Sublessee in so surrendering the Subleased Premises and shall restore Sublessee, at the Property to good order and condition. Any option of Tenant’s personal property not removed as required Sublessor, shall be deemed abandoned, and Landlordto be occupying the Subleased Premises as a tenant at sufferance, at Tenant’s expensea monthly rental equal to one hundred fifty percent (150%) of the Rent Sublessor is obligated to pay to Landlord during any such holdover period for the Premises and subject to all of the other terms of this Sublease insofar as the same are applicable to a month to month tenancy. In addition, may remove, store, sell Sublessee agrees to indemnify Sublessor from and against any and all claims or otherwise dispose loss arising under any provisions 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 the Primary Lease due to the failure of Sublessee to surrender possession of the Premises to Landlord in the condition required Subleased Premises. Sublessee's obligations under this Lease, Tenant Section shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of survive the Premises after the termination or 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 holdoverSublease.

Appears in 1 contract

Sources: Asset Purchase Agreement (Integrated Electrical Services Inc)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Prior to Upon the expiration or termination of this Lease, Tenant --------- shall surrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in the Building by Tenant and remove from the Property Premises all furniture, trade fixtures, equipment, wiring Tenant's personal property and cabling (unless any Trade Fixtures and all Alterations that Landlord directs has elected to require Tenant otherwise)to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from caused by such removal. If such removal and is not completed before the expiration or termination of the Term, Landlord shall restore have the Property right (but no obligation) to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandonedremove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer. (b) If Tenant remains in possession reasonable costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within thirty (30) days after notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant's obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 1 contract

Sources: Lease Agreement (Mediaplex Inc)

Surrender. (a) 24.01 On the date on which Expiration Date, or upon any earlier termination of this Lease expires Lease, or terminatesupon any reentry by Landlord upon the Demised Premises, Tenant shall return possession of quit and surrender the Demised Premises to Landlord in good conditionorder, condition and repair, except for ordinary wear and tear, tear and except for casualty such damage or other conditions that Tenant destruction as Landlord is not required to remedy repair or restore under this Lease, and Tenant shall remove all of Tenant’s Property therefrom except as otherwise expressly provided in this Lease. Prior Landlord shall have the right to retain any property and effects which shall remain in the Demised Premises seven (7) days after the expiration or sooner termination of the term, and any net proceeds from the sale thereof, without waiving Landlord’s right with respect to any default by Tenant under the foregoing provisions of this Section. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force, in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article. If said date upon which the term shall expire and come to an end shall fall on a Sunday or holiday, then Tenant’s obligations under the first sentence of this Section shall be performed on or prior to the Saturday or business day immediately preceding such Sunday or holiday. Tenant’s obligations under this Section shall survive the expiration or sooner termination of the term of this Lease, 24.02 Tenant agrees it shall indemnify, defend with counsel selected by Landlord, and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in surrendering the Demised Premises, including, without limitation, any awards to any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to surrender the Demised Premises on the Expiration Date or upon any earlier termination of this Lease will be material, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the Demised Premises is not surrendered to Landlord within seven (7) days after the date of the expiration or sooner termination of the term of this Lease, then (without limitation of Landlord’s right to claim and collect consequential damages caused by Tenant’s holdover) Tenant will pay Landlord promptly upon demand as a liquidated use and occupancy charge, without set-off or deduction, for each month and for each portion of any month during which Tenant holds over in the Demised Premises after expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of the Premises after the expiration or termination term of this Lease, Tenant’s occupancy a sum equal to one and one-half (1.5) times the average Rent which was payable per month under this Lease during the last six months of the Premises term of its Lease. Such holding over shall not be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate deemed to extend the Term term or prevent renew this Lease. Notwithstanding the foregoing, the acceptance of any rent paid by Tenant pursuant to this Section 24.02 shall not preclude Landlord from immediate recovery of possession of the Premises by commencing and prosecuting a holdover or 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 holdovereviction proceeding.

Appears in 1 contract

Sources: Lease Agreement (Tangoe 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’s improvements to Landlord broom-clean and in the Required Condition (as above defined); provided, however, that prior to the expiration or termination of this Lease Tenant shall remove all telephone and other cabling installed in or about the Property by Tenant, shall remove from the Property Premises all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property and trade fixtures and shall remove all of Tenant’s improvements that Landlord has notified Tenant must be removed and repair any damage caused by such removal. If such removal is not removed as required completed before the expiration or termination of the Lease, Landlord shall be deemed abandonedhave the right (but no obligation) to remove the same, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord on demand for all resulting damages Landlord may suffer. (b) If Tenant remains in possession costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Lease term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property pursuant to this Lease. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any other part of the Property and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises. Tenant’s obligations under this Section shall survive the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 1 contract

Sources: Office Lease (Liveworld Inc)

Surrender. (a) 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, ordinary wear and tear and acts of Casualty Damage which Landlord is obligated to repair or replace excepted; provided, that Tenant shall remove from 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 caused by such removal. Any and all property remaining on the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of the 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 survive the expiration of the Lease Term 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 (Ener1 Inc)

Surrender. (a) On Tenant shall, upon expiration or sooner termination of this Lease, surrender the date on which this Lease expires or terminates, Tenant shall return possession of the Premises premises to Landlord in good condition, except for ordinary the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and teartear and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleaned, all holes in walls repaired, and except for casualty damage all HVAC equipment in operating order and in good repair, all to the reasonable satisfaction of Landlord. Tenant shall at such time also surrender to Landlord such alterations (as defined in Paragraph 9) as Landlord does not require Tenant to remove in accordance with Paragraph 9.6 above. Tenant, on or other conditions that Tenant is not required to remedy under this Lease. Prior to before the expiration or sooner termination of this Lease, shall remove all of its personal property and trade fixtures from the premises, and all property not so removed shall be deemed abandoned by Tenant. Tenant shall be liable to Landlord for costs of removal of any such abandoned trade fixtures or equipment of Tenant, or of any alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the premises to its condition as of the date Tenant originally took possession thereof, and the transportation and storage costs of such items. If the premises are not so surrendered at the expiration or sooner termination of this Lease, Tenant shall remove indemnify Landlord against loss or liability resulting from delay by ▇▇▇▇▇▇ in so surrendering the Property all furniturepremises, trade fixturesincluding without limitation, equipmentany claims made by any succeeding tenant founded on such delay, wiring and cabling (unless losses to Landlord directs Tenant otherwise)due to lost opportunities to lease to succeeding tenants, and all other personal property installed by Tenant attorneys' fees and costs. All keys to the premises or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required part thereof shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell surrendered to Landlord upon expiration or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession sooner termination of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may sufferLease term. (b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover.

Appears in 1 contract

Sources: Lease Agreement (Corsair Communications 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 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 (iii) loss by condemnation. Landlord may, however, elect to 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 or other conditions that to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant is not required to remedy under this Leasewithin 5 days after receipt of Landlord's statement. Prior to 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 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 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

Sources: Lease Agreement (Asset Acceptance Capital 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 (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

Sources: Lease Agreement (C Bridge Internet Solutions Inc)

Surrender. (a) On Upon the date on which expiration or other termination of this Lease expires or terminatesLease, Tenant shall return possession of surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) 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, Lease Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Premises any Specialty Alterations that Tenant is required by Landlord directs Tenant otherwise), to remove pursuant to Paragraph 9.b. above 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(including, without limitation, all voice and Landlorddata cabling, at Tenant’s expenseincluding any electrical, may removevoice or data conduit, store, sell trays and/or cabling installed by or otherwise dispose for Tenant in the ceiling of a floor of the Building that is directly below the space being served by such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its propertycabling). If Tenant does such removal is not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of the Premises after completed at the expiration or other termination of this Lease, Landlord may remove the same at Tenant’s occupancy expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings, floors and walls) or, if Tenant fails to do so, Landlord may do so at Tenant’s expense. The removal of Alterations from the Premises shall be that of a tenancy at willgoverned by Paragraph 9 above. Tenant’s occupancy during any holdover period obligations under this paragraph shall otherwise be subject to survive the provisions expiration or other termination 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 holdoverLease. No holdover or payment by Tenant after the Upon expiration or termination of this Lease or of Tenant’s possession, Tenant shall operate surrender all keys to extend the Term Premises or prevent Landlord from immediate recovery of possession any other part of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant Building and 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 make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located 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

Sources: Office Lease (New Relic Inc)

Surrender. (a) 34.1. On the date on which last day of the Term, or upon any earlier termination of this Lease expires Lease, or terminatesupon any rightful re-entry by Landlord upon the Premises, Tenant shall return possession of shall, at its own expense, quit and surrender the Premises to Landlord broom clean, 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 which have bene made upon the Premises (except as otherwise provided for in this Lease, including, but not limited to, in Articles 6 and 7 hereof). Prior Tenant shall remove from the Premises and the Building all of Tenant's property, including, without limitations all furniture, trade fixtures and equipment and all personal property and personal effect of all persons claiming through or under Tenant, except as previously agreed by Landlord and Tenant, shall pay the cost of repairing all damage to the Premises and the Building occasioned by such removal and shall deliver all keys and pass cards to Landlord. 34.2. If the Premises are not surrendered at the expiration of the Term, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant founded on such delay. If the Premises shall not be surrendered upon 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 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 abandonedto be occupying the Premises as a Tenant from month-to-month, subject to all the terms and Landlordprovisions of this Lease insofar as the same are applicable to a month-to-month tenancy, at Tenant’s expense, may remove, store, sell or otherwise dispose a monthly rental equal to twice the sum of: (i) the monthly installments 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 Fixed Rent; (ii) the Monthly Tax Payment for the last month of the Premises to Landlord in Term; and (iii) Tenant's Projected Share for the condition required last month of the Term. 34.3. Tenant's obligations under this Lease, Tenant Article shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of survive the Premises after the expiration Expiration Date or sooner termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except 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 (Us Servis Inc)

Surrender. (a) On Upon termination of the date on which this 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 required under this Leaseas received ordinary wear and tear, casualty loss and condemnation covered by Paragraphs 15 and 16 excepted and otherwise in accordance with the Move Out Conditions Addendum attached hereto. Without limiting the foregoing, Tenant shall pay Landlord all resulting damages Landlord remove any odor which may suffer. (b) If Tenant remains exist in possession of the Premises after the expiration or termination of this Lease, resulting from Tenant’s occupancy of the Premises upon the termination of the Lease Term or earlier termination of Tenant’s right of possession. Prior to termination of the Lease Term, Tenant can request that Landlord walk-through the Premises and inspect the Premises for compliance with Tenant’s requirements for surrendering the Premises (a “Walk-Through”). Tenant may reasonably request more than one Walk-Through. During any such Walk-Through, the Landlord agrees to provide a written summary of Landlord’s findings. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall be that deemed abandoned and may be stored, removed, and disposed of a tenancy by Landlord 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 defaultexpense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. AII obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall be liable for all damagessurvive the termination of the Lease Term, including consequential damageswithout limitation, that Landlord suffers as a result indemnity obligations, payment obligations with respect to Excess Operating Expenses and all obligations concerning the condition and repair of the holdoverPremises.

Appears in 1 contract

Sources: Lease Agreement (ArcLight Clean Transition Corp.)

Surrender. (a) On Upon the date on which expiration or other termination of this Lease expires or terminatesLease, Tenant shall return possession of surrender the Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) 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, Lease Tenant shall remove from the Property Premises any Alterations that Tenant is required by Landlord to remove under the provisions of this Lease, and all furniture, of Tenant's personal property and trade fixtures, equipmentand, wiring and cabling (unless Landlord directs Tenant otherwise)at Landlord's sole election, and all any other personal property improvements, whether installed by Tenant Landlord or its assignees Tenant, that are of a type or subtenantsquantity that would not be installed by or for a typical tenant using space for general office purposes, or are otherwise nonstandard. Tenant shall repair any damage resulting from If such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property is not removed as required shall be deemed abandoned, and Landlord, completed 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 other termination of this Lease, Landlord may remove the same at Tenant’s occupancy 's expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and walls) or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of Alterations from the Premises shall be that of a tenancy at willgoverned by Paragraph 9 above. Tenant’s occupancy during any holdover period 's obligations under this paragraph shall otherwise be subject to survive the provisions expiration or other termination 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 holdoverLease. No holdover or payment by Tenant after the Upon expiration or termination of this Lease or of Tenant's Possession, Tenant shall operate surrender all keys to extend the Term Premises or prevent Landlord from immediate recovery of possession any other part of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant Building and 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 make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located 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

Sources: Office Lease (Lionbridge Technologies Inc /De/)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good 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 other termination of this Lease, Tenant shall surrender the Premises, to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) in their original condition, except for reasonable wear and tear, damage from casualty or condemnation and any changes resulting from approved Alterations and Cosmetic Alterations; provided, however, that prior to the expiration Or termination of this Lease Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Premises any Alterations that Tenant is required by Landlord directs Tenant otherwise)to remove under the provisions of this Lease, and all other of Tenant's personal property installed by Tenant or its assignees or subtenants(including, without limitation, all voice and data cabling) and trade fixtures. Tenant shall repair any damage resulting from If such removal and shall restore is not completed 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 expiration or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under other termination of' this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer. (b) If Tenant remains in possession of remove the same at Tenant's expense. Any damage to the Premises after or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and walls) or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of Alterations from the Premises shall be governed by Paragraph 9 above. Tenant's obligations under this Paragraph shall survive the expiration or 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 Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall operate surrender all keys 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 other 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 ▇▇▇ ▇uilding and shall make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located 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

Sources: Office Lease (Sharper Image 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 applicable 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 applicable 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 (Inktomi Corp)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession surrender the Premises by the end of the Premises to Landlord Term or any earlier termination date, clean and free of debris and in good conditionoperating order, except for condition and state of repair, ordinary wear and tear, tear excepted. Ordinary wear and except for casualty tear shall not include any damage or other conditions deterioration that would have been prevented by good maintenance practice or by Tenant is not required to remedy performing all of its obligations under this Lease. Prior to Except as otherwise agreed or specified herein, the expiration or termination Premises, as surrendered, shall include the Alterations. The obligation of this Lease, Tenant shall remove from include the Property all furniturerepair of any damage occasioned by the installation, maintenance or removal of Tenant’s trade fixtures, furnishings, and equipment, wiring and cabling (unless Landlord directs Tenant otherwise)as well as the removal of any storage tank installed by or for Tenant, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Tenant, all other personal property installed as may then be required by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal Applicable Laws 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 willpractice. Tenant’s occupancy during any holdover period trade fixtures shall otherwise remain the property of Tenant and shall be removed by Tenant subject to its obligation to repair and restore the provisions of Premises per 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 holdoverLease. No holdover or payment by Tenant after Any trade fixtures and Alterations not removed upon the expiration or termination of this Lease shall operate be deemed abandoned and may be disposed of by Landlord, as Landlord may determine appropriate, without further notice to extend Tenant. Tenant shall pay Landlord all expenses incurred in connection with such items including, but not limited to, the Term or prevent Landlord from immediate recovery costs of possession of repairing any damage to the Premises caused by summary proceedings removal of such items. Tenant’s obligation hereunder shall survive the expiration or otherwise. Any provision in termination of 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: Office Building Lease (Sirenza Microdevices 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 Tenant shall 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 within thirty (30) receipt of a written invoice 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: Sub Sublease Agreement (Enernoc Inc)

Surrender. (a) On 20.1 Upon the date on which last day of the term of this Lease expires Lease, or terminatesthe sooner termination thereof, Tenant shall return possession of quit and surrender the Demised Premises to Landlord in good conditionorder, condition and repair, except for ordinary wear and tear; and the Demised Premises and the remainder of the Real Estate shall be free of any and all hazardous substances, wastes or conditions and except shall be in compliance with all applicable Laws of any Environmental Authority with respect to any hazardous substances or wastes for casualty damage or other conditions that which Tenant is not required responsible hereunder or pursuant to remedy under this Lease. any Law. 20.2 Prior to or upon 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 sooner termination of this Lease, Tenant’s occupancy of , at its own cost and expense shall remove from the Demised Premises shall all trade fixtures, partitions, equipment, personal property, or other improvements required to be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject removed from the Demised Premises pursuant to Article 13 without injury to the provisions of this Lease (unless clearly inapplicable), except Demised Premises. All such property that is not removed from 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 Demised Premises prior to the expiration or sooner termination of this Lease shall operate be, at the election of Landlord and with absolutely no liability whatsoever to extend Tenant or any Sublessee, either (a) retained or disposed of by Landlord as its own property without any obligation whatsoever to Tenant or any Sublessee or (b) removed from the Term or prevent Landlord from immediate recovery Demised Premises and disposed of possession of by any means whatsoever by Landlord, at Tenant’s sole cost and expense. 20.3 Tenant’s obligation to observe the Premises by summary proceedings or otherwise. Any provision covenants contained in this Lease Article shall survive the expiration or sooner termination of this Lease. 20.4 Notwithstanding anything to the contrary notwithstandingcontained herein, if the last day of the term of this Lease or any holdover by Tenant renewal or extension thereof falls on Sunday, this Lease shall constitute expire at noon the preceding Saturday; if the last day of the term of this Lease or any renewal or extension thereof falls on a default Legal Holiday, this Lease shall expire at noon 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 holdoverpreceding business day.

Appears in 1 contract

Sources: Net Office Lease (One Liberty Properties Inc)

Surrender. (a) Section 21.01. On the date on which Expiration Date or upon the sooner termination of this Lease expires or terminatesupon any reentry by Landlord upon the Premises, Tenant shall return possession of shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good conditionorder, condition and repair except for ordinary wear wear, tear and teardamage by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall remove from the Real Property all of Tenant's Property and all other personal property and personal effects of all persons claiming through or under Tenant, and except for casualty shall pay the cost of repairing all 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)