Appears in 2 contracts

Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or Lease for any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possessionreason, Tenant shall surrender the Premises to Landlord ~~free~~ in its condition existing as of ~~Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed~~ the date Landlord delivers possession of ~~from,~~ the Premises ~~(collectively~~to Tenant, ~~“Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary~~ normal wear and tear and damage by fire or other casualty ~~loss~~ excepted, with all interior walls repaired and ~~condemnation covered~~ repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by ~~Sections 15~~ a reputable and ~~16 excepted~~licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. ~~At least 3 months~~ Tenant shall remove from the Premises and the Project all of Tenant’s trade fixtures, furniture, moveable equipment and other personal property, and any Alterations which Landlord elects to be removed pursuant to Section 5.3, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by the ~~surrender~~ installation or removal of any of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be liable to Landlord for the costs of: (i) removal of any such Alterations or personal property, (ii) storage, transportation, and disposition of the same, and (iii) repair and restoration of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) together with interest thereon at the ~~expiration or earlier termination of the Term, free from any residual impact~~ Interest Rate from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of ~~such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse~~ expenditure by Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 2 contracts

Sources: Lease Termination Agreement (Proxim Corp), Lease (Nextg Networks Inc)

Surrender. ~~(a) On~~ Upon the ~~date on which~~ expiration or earlier termination of this Lease ~~expires~~ or ~~terminates, Tenant shall return possession~~ upon the exercise by Landlord of Landlord’s right to re-enter the Premises to without terminating this Lease in the event of Tenant’s default as provided in Section 12.1 and 12.2 (b), ▇▇▇▇▇▇ will surrender the Premises in the same condition as received or as subsequently improved by Landlord ~~in good condition~~or Tenant, except for (i) ordinary wear and ~~tear~~tear and (ii) damage by fire, earthquake, acts of God or the elements, and ~~except~~ will deliver to Landlord all keys for ~~casualty damage~~ the Premises and combinations to safes located in the Premises. Tenant will, at Landlord’s option, remove, or ~~other conditions that Tenant is not required~~ cause to ~~remedy under this Lease. Notwithstanding anything to~~ be removed, from the ~~contrary contained in~~ Premises or the Building, at Tenant’s expense and as of Expiration Date or earlier termination of this Lease, ~~and subject~~ all signs, notices, displays, millwork, non-movable trade fixtures, or, at the option of Landlord, which shall be determined at the time Tenant requests such leasehold improvements any leasehold improvements placed in the Premises by or at the request of Tenant. Tenant agrees to repair, at ▇▇▇▇▇▇’s expense, any damage to the ~~terms~~ Premises or any other part of the Project resulting from the removal of any articles of personal property, movable business or trade fixtures, machinery, equipment, furniture, movable partitions or tenant improvements except those Tenant Improvements placed on the Premises by Landlord as an inducement to enter into this Lease, including without limitation, repairing the floor and patching and painting the walls where required by Landlord. Tenant’s obligations under this Section ~~21(a), prior to~~ 7.4 will survive the expiration or earlier termination of this Lease, . If Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required fails to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event any item of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements property permitted or ~~Alterations the Satellite System, or the Building Mounted Sign~~ required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, ~~free from any residual impact~~ Landlord, may, upon five (5) business days prior written notice to Tenant, at Landlord’s option, (a) remove such property from the Premises at the expense of Tenant ~~HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”)~~place such property in storage at the expense of Tenant. ~~Such Surrender Plan shall be accompanied by a current listing~~ Any property of ~~(i) all Hazardous Materials licenses and permits held by or on behalf of any~~ Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect remaining in the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. thirty (c30) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises days after the Expiration Date or ~~sooner~~ earlier termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease ~~shall apply, except that Tenant shall not~~ will be deemed to have ~~any right to make any Alterations or any Transfers, expand the Premises, or extend the Term~~been abandoned by Tenant. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 2 contracts

Sources: Office Building Lease, Office Building Lease (HII 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or Lease for any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possessionreason, Tenant shall surrender the Premises to Landlord ~~free~~ in its condition existing as of ~~Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed~~ the date Landlord delivers possession of ~~from,~~ the Premises ~~(collectively~~to Tenant, ~~“Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary~~ normal wear and tear and damage by fire or other casualty ~~loss~~ excepted, with all interior walls repaired and ~~condemnation covered~~ repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by ~~Sections 15~~ a reputable and ~~16 excepted~~licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. ~~At least 3 months~~ Tenant shall remove from the Premises and the Project all of Tenant's trade fixtures, furniture, moveable equipment and other personal property, and any Alterations which Landlord elects to be removed pursuant to Section 5.3, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by the ~~surrender~~ installation or removal of any of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to claim from Tenant all expenses arising out of Tenant's failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be liable to Landlord for the costs of: (i) removal of any such Alterations or personal property, (ii) storage, transportation, and disposition of the same, and (iii) repair and restoration of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) together with interest thereon at the ~~expiration or earlier termination of the Term, free from any residual impact~~ Interest Rate from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of ~~such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse~~ expenditure by Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 2 contracts

Sources: Lease (Trimble Navigation LTD /Ca/), Lease Agreement (Trimble Navigation LTD /Ca/)

Surrender. ~~(a)~~ Section 24.01. On the ~~date on which this Lease expires~~ last day or ~~terminates~~sooner termination of the Lease, Tenant shall ~~return possession~~ quit and surrender the Demised Premises broom-clean, in good condition and repair, together with all alterations, additions and improvements which may have been made in, on, or to the Demised Premises, except movable furniture or unattached movable trade fixtures put in at the sole expense of the ~~Premises to Landlord~~ Tenant (provided Tenant has not been in ~~good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy~~ default under this Lease~~. Notwithstanding anything~~ ) provided, however, that Tenant shall ascertain from Landlord at least thirty (30) days before the end of the Term whether Landlord desires to have the Demised Premises, or any part thereof, restored to the ~~contrary contained~~ condition in ~~this Lease~~which it was originally delivered to Tenant, and ~~subject~~ if Landlord shall so desire, then Tenant, at its own cost and expense, shall restore the same before the end of the Term. Landlord shall, in response to Tenant's request, or otherwise, advise Tenant as to the ~~terms of this Section 21(a),~~ repairs and restoration to be undertaken by Tenant prior to the expiration of the Lease Term. Tenant shall, at least six (6) months before the end of the Term, advise the New Jersey Department of Environmental Protection and Energy of the termination of Tenant's use of the premises, and file, with said Department, such information, affidavits, forms, remedial action work plan and such other information as said Department may require and undertake such action or ~~earlier~~ work as required by the Department of Environmental Protection and Energy pertaining to Tenant's use and occupancy of the premises as it relates to remedial action or a remedial action work plan for the removal of hazardous substances and wastes that remain on the premises demised by reason thereof. Tenant agrees upon termination of the lease, the air-conditioning, cooling systems, heating equipment and plumbing and electrical systems shall be in good, operable condition. All light fixtures and bulbs shall be operable, cleaned and in good working order, rugs cleaned, and the warehouse floor washed and sealed. Tenant shall obtain from Landlord Landlord's approval as to the sealer used by Tenant. The condition of the building and premises shall be in such a condition upon surrender as though the premises were used exclusively for warehousing and offices, and the Tenant made all repairs and replacements as were necessary during the term of the Lease so that after surrender, the building and premises are in good condition and ready to be re-rented. Tenant and Landlord understand that during the term of this Lease, ~~Tenant shall remove from~~ the ~~Premises all Tenant Improvements (~~building and its equipment may be subject to ~~Section 29(c) below)~~reasonable wear and tear. However, ~~Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)~~Landlord and Tenant specifically agree that wear and tear shall not excuse Tenant from undertaking its repair and maintenance obligations, and ~~its FFE~~the provisions as herein provided, ~~partitions~~by way of example, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to that the ~~Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant~~ various systems shall be ~~required~~ in good operating condition, are intended to ~~remove~~ be the ~~same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to~~ standard by which the ~~Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice~~ building and its systems shall be ~~required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises~~ returned to ~~good order and the condition existing prior to~~ Landlord by Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If ~~T▇▇▇▇▇ does~~ the Demised Premises is not ~~return possession of the Premises to Landlord in the condition required under this Lease~~surrendered as and when aforesaid, Tenant shall ~~pay~~ indemnify Landlord ~~all~~ against loss or liability resulting ~~actual damages Landlord may incur. Tenant’s failure to comply with~~ from the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken delay by Tenant in ~~order to surrender~~ so surrendering the ~~Premises (including~~ premises including, without limitation, any ~~Alterations permitted~~ claims made by ~~Landlord to remain in the Premises) at~~ any succeeding occupant founded on such delay. Tenant's obligations under this section shall survive the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. ~~Any provision~~ In the event Tenant, prior to termination of the Lease, fails to comply with the Rules and Regulations of the Department of Environmental Protection of the State of New Jersey or other applicable Federal agencies having jurisdiction over the storage or use of hazardous substances then, Tenant, at the option of the Landlord, shall be deemed to be occupying the Demised Premises as a tenant from month-to-month, at the monthly rental indicated below. In the event Tenant remains in ~~this Lease~~ possession of the Demised Premises after the expiration of the term and without execution of a new Lease, or, Tenant fails to restore the premises, or fails to comply with its other obligations which must be complied with prior to the ~~contrary notwithstanding~~termination date of the Lease, ~~any Holdover by~~ then Tenant, at the option of the Landlord, shall be deemed to be occupying the Demised Premises as a tenant from month-to-month, at the monthly rental equal to the higher of 150% of market rent plus one-twelfth (1/12th) of all items of Additional Rent such as, but not limited to, taxes, insurance payable or paid during the last lease year or, four (4) times the sum of (i) the Basic Rent payable for the last month of the Term under Article 3 hereof and, (ii) one twelfth (l/12th) of all items of Additional Rent, such as, but not limited to, taxes, insurance payable or paid during the last lease year. Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as on a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three date no later than six (~~3) months upon providing to Landlord notice of such election at least nine (9~~6) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions termination date of this Lease ~~shall apply~~obtain from the New Jersey Department of Environmental Protection and Energy ("DEPE") a non-applicability letter and/or a de minimis quantity exception and/or a negative declaration approval and/or a written determination by DEPE that there are no discharged hazardous materials at the site that occurred during the Lease Term and, ~~except that~~ if any had occurred, have been remedied in accordance with applicable regulations, such determination presently referred to as a No Further Action letter ("NFA"). If Tenant obtains a non-applicability exemption or otherwise is not required to undertake sampling then Tenant shall, at Landlord's option, hire a consultant satisfactory to Landlord to undertake sampling in a manner consistent with applicable environmental law sufficient to determine whether or not Tenant's operations have resulted in any spill or discharge of hazardous substances or waste at the premises. Should the sampling reveal any spills or discharges of a hazardous substance or waste which occurred during the Lease Term, then Tenant shall, at Tenant's expense, promptly clean up the premises to the satisfaction of the applicable governmental agencies which have jurisdiction of the matter and to the reasonable satisfaction of the Landlord. If Tenant shall ~~not have any right~~ fail to ~~make any Alterations or any Transfers~~comply with the preceding sentence of this subparagraph prior to termination of the Lease, ~~expand~~ then Tenant's obligations to pay rent and additional rent shall continue until the ~~Premises~~earlier of either Landlord rerenting the Premises and a new tenant takes occupancy and commences to pay rent, or ~~extend~~ such date as Tenant shall comply with the ~~Term~~foregoing, such rent to be computed as though the Tenant was occupying the demised premises as a Tenant from month to month as otherwise set forth in the preceding paragraph. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 2 contracts

Sources: Lease Agreement (Inter Parfums Inc), Lease Agreement (Jean Philippe Fragrances Inc)

Surrender. No act by Landlord will be an acceptance of a surrender of the Property, and no agreement to accept a surrender of the Property will be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant’s right to possess the Property (subject to the Wind-Down Period, as provided below), Tenant shall: (a) On deliver to Landlord the ~~date on which this Lease expires~~ Property with all Improvements located thereon in good repair and condition, reasonable wear and tear excepted (subject however to Tenant’s maintenance obligations), and (b) deliver to Landlord all keys, security codes and similar access controls to the Property. Tenant, at its sole cost and expense, shall promptly remove all Personal Property owned by Tenant and Tenant Removables from the Property. Additionally, Tenant, without notice from Landlord, shall remove all Hazardous Materials if required under Legal Requirements and all additions, alterations, improvements, machinery and movable and nonmovable fixtures relating to the use, testing or ~~terminates~~storage of Hazardous Materials in compliance with all Legal Requirements prior to the expiration of the Term. All items required to be removed hereunder and not so removed will, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items, and Tenant shall ~~return possession of~~ pay for the ~~Premises to~~ expenses and costs incurred by Landlord in ~~good condition~~connection therewith, ~~except~~ whether for ~~ordinary wear and tear, and except for casualty damage~~ such removal or ~~other conditions that Tenant is not required to remedy under this Lease~~the restoration of damages resulting from such removal. ~~Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to~~ On or before the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or cause any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required Leasehold Mortgages to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein shall be deemed abandoned, fully released 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlorddischarged. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 2 contracts

Sources: Ground Lease, 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this ~~Lease~~--------- Lease for any reason. Tenant shall surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired if damaged, all carpets vacuumed, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, Tenant's personal property and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant~~’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign~~ 's alterations required to be removed pursuant to Section 5E, and restore the ~~terms~~ Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the termination of this Lease~~. Any of the Tenant FFE~~ , Landlord may retain or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property ~~in such manner as~~ and all rights of Tenant with respect to it shall cease, or Landlord may ~~see fit and retain~~ place all or any portion of such property ~~as its property or sell~~ in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and ~~keep~~ storage and transportation costs of same, and the ~~proceeds~~cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If ~~T▇▇▇▇▇ does not return possession of~~ the Premises ~~to Landlord in~~ are not so surrendered at the ~~condition required under~~ termination of this Lease, Tenant shall ~~pay~~ indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken from delay by Tenant in ~~order to surrender the Premises (including any Alterations permitted by Landlord to remain in~~ so surrendering the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 2 contracts

Sources: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), 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 Premises ~~all Tenant Improvements (subject to Section 29(c) below)~~or the Building, Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s ~~installation~~ expense and as of ~~any Tenant Improvements~~ Expiration Date or ~~Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms~~ earlier termination of this Lease~~. Any~~ , all signs, notices, displays, millwork, non-movable trade fixtures, or, subject to Subsection 7.5(d) of this Lease, any non-Building standard tenant improvements placed in the ~~Tenant FFE~~ Premises or the ~~Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein shall be deemed abandoned, and Landlord~~Building. Tenant agrees to repair, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of any damage to the Premises ~~to Landlord in~~ or the ~~condition~~ Building resulting from the removal of any articles of personal property, movable 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 ~~under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur~~by Landlord. Tenant’s ~~failure to comply with the terms and conditions of~~ obligations under this Section ~~21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon~~ 7.4 will survive the expiration ~~of the Term~~ or earlier termination of ~~Tenant’s right~~ this Lease. If Tenant fails to remove any item of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (property permitted or required ~~under any Law)~~ to be ~~taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises)~~ removed at the expiration or earlier termination of the Term, ~~free from any residual impact~~ Landlord, may, at Landlord’s option, (a) remove such property from the Premises at the expense of Tenant ~~HazMat Operations~~ and ~~otherwise released~~ sell or ~~unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing~~ dispose of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant same in such ~~additional non-proprietary information concerning Tenant HazMat Operations~~ manner as Landlord ~~shall request~~deems advisable, or (b) place such property in storage at the expense of Tenant. ~~On or before such surrender,~~ Any property of Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect remaining in the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. ten (c10) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises days after the Expiration Date or ~~sooner~~ earlier termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease ~~shall apply, except that Tenant shall not~~ will be deemed to have ~~any right to make any Alterations or any Transfers, expand the Premises, or extend the Term~~been abandoned by Tenant. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 2 contracts

Sources: Office Building Lease (Archipelago Learning, Inc.), Office Building Lease (Archipelago Learning, 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. Notwithstanding anything Subject to the ~~contrary contained in this Lease~~provisions of Section 5.7 hereof, ~~and subject to~~ on the ~~terms of this Section 21(a), prior to the expiration~~ Term Expiration Date (or earlier termination of this Lease), Tenant shall quit and surrender possession of the Leased Premises to Landlord in broom clean condition and as good order and condition as they were in on the Term Commencement Date, reasonable wear and tear, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, invitees and licensees excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove ~~from~~ all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)Leased Premises, and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such ~~removal~~ property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall ~~restore~~ apply the ~~Premises to good order and the condition existing prior to Tenant’s installation~~ proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant ~~Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to~~ under any of the terms of this Lease~~. Any of~~ ; and fourth, the ~~Tenant FFE or the Satellite System~~balance, ~~or the Building Mounted Sign or~~ if any, to Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) ~~Upon the expiration of~~ In addition, on the Term Expiration Date (or earlier termination of ~~Tenant’s right of possession~~this Lease), Tenant shall ~~surrender~~ remove, at its sole cost and expense, all of Tenant’s telecommunications lines and cabling installed by Tenant, including, without limitation, any such lines and cabling installed in the ~~Premises to Landlord free~~ plenum or risers of ~~Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from,~~ the ~~Premises~~ Building in compliance with the National Electrical Code (collectively, “~~Tenant HazMat Operations~~Wires”) and ~~released of~~ repair all ~~Hazardous Materials Clearances~~damage caused thereby and restore the Leased Premises or the Building, ~~broom clean~~as the case may be, ~~ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. At least 3 months~~ to their condition existing prior to the ~~surrender~~ installation of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy Wires (“~~Surrender Plans~~Wire Restoration Work”). ~~Such Surrender Plan shall be accompanied~~ Landlord, at its option, may perform such Wire Restoration Work at Tenant’s sole cost and expense. In the event that Tenant fails to perform the Wire Restoration Work or refuses to pay all costs of the Wire Restoration Work (if performed by ~~a current listing~~ Landlord) within ten (10) days of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval Tenant’s receipt of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇notice requesting ▇▇▇▇▇▇’s ~~environmental consultant~~ reimbursement for or payment of such costs or otherwise fails to comply with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this ~~Lease (unless clearly inapplicable)~~Section, ~~except that the Monthly Rent shall be one hundred seventy-five percent (175%)~~ Landlord may apply all or any portion of the ~~Monthly Rent payable for~~ Security Deposit toward the ~~last full month immediately preceding~~ payment of any costs or expenses relative to the ~~Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable~~ Wire Restoration Work or Tenant’s obligations under this Section. The retention or application of such Security Deposit (if any) by Landlord pursuant to ~~such~~ this Section does not constitute a ~~tenancy at sufferance~~limitation on or waiver of Landlord’s right to seek further remedy under law or equity. ~~No Holdover or payment by Tenant after~~ The provisions of this Section shall survive 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. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of ~~the Term. Any provision in~~ this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermLease. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 2 contracts

Sources: Office Building Lease (Marqeta, Inc.), Office Building Lease (Marqeta, 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, ~~free from~~ Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear and fire or other casualty excepted, with all interior walls repaired and repainted if damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced with matching tiles, all interior sides of windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any ~~residual impact~~ burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm (if Tenant is at any time, pursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and all floors cleaned, all to the reasonable satisfaction of Landlord. Tenant shall remove from the ~~Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall~~ Premises any Alterations required to be ~~accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect~~ removed pursuant to ~~the Premises~~Paragraph 11, and ~~(ii)~~ all ~~Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises~~Tenant’s Personal Property, and ~~shall be subject~~ repair any damage and perform any restoration work caused by such removal. If Tenant fails to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant remove any such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Alterations and/or Tenant’s ~~expense as set forth below~~Personal Property, ~~to cause Landlord’s environmental consultant to inspect~~ and such failure continues after the ~~Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early~~ termination of this Lease, ~~free from any residual impact from~~ Landlord may retain such property and all rights of Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to ~~the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises~~ it shall cease, or Landlord may place all or any ~~part thereof after the expiration or termination~~ portion of ~~this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance.~~ such property in public storage for Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferanceaccount. 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. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable ~~for~~to Landlord for costs of removal of any such Alterations and Tenant’s Personal Property and storage and transportation costs of same, and ~~agrees to hold~~ the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord ~~harmless from~~ and ~~against,~~ its Agents against all ~~liabilities, obligations, damages, penalties, claims, costs, charges and expenses~~loss or liability, including attorneys’ fees and ~~consequential damages~~costs, ~~that Landlord suffers as a result~~ resulting from delay by Tenant in so surrendering the Premises. Normal wear and tear, for the purposes of this Lease, shall be construed to mean wear and tear caused to the Premises, due to the expected and permitted use of the ~~Holdover~~Premises, ~~including any claims made~~ by ~~any succeeding tenant based on such delay. Notwithstanding anything~~ a natural aging process which occurs in spite of prudent application of the best standards for maintenance, repair and janitorial practices to the ~~contrary set forth~~ extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Lease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and keep the Premises at all times in good condition and repair. In the event of surrender of this ~~Section 21(c)~~Lease, ~~Tenant~~ Landlord shall have the ~~one-time right to elect to extend the Term for~~ option of terminating all existing subleases or accepting any sublease(s) as a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations direct lease or ~~any Transfers, expand the Premises, or extend the Term~~leases. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 2 contracts

Sources: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)

Surrender. ~~(a) On the date on which~~ Tenant shall, upon expiration or sooner termination of --------- this ~~Lease expires or terminates~~Lease, ~~Tenant shall return possession of~~ surrender the Premises to Landlord in ~~good condition, except for ordinary~~ the same condition as existed on the date Tenant originally took possession thereof (reasonable wear and ~~tear~~tear and damage due to causes beyond the reasonable control of Tenant excepted) with all interior walls cleaned, all interior painted surfaces repainted in the original color, if necessary, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment servicing only the Premises in operating order and in good repair, and ~~except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything~~ all floors cleaned and waxed, all to the ~~contrary contained~~ reasonable satisfaction of Landlord. Tenant shall at such time also surrender to Landlord such alterations (to the Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant, on or before the expiration or sooner termination of this Lease, shall remove all of its personal property and ~~subject~~ 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 ~~terms~~ cost of ~~this Section 21(a)~~returning the Premises to its condition as of the date Tenant originally took possession thereof, ~~prior to~~ and the transportation and storage costs of such items. If the Premises are not so surrendered at the expiration or ~~earlier~~ sooner termination of this Lease, Tenant shall ~~remove~~ indemnify Landlord against loss or liability resulting from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed delay by Tenant ~~or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels~~ in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of so surrendering the Premises, ~~Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (~~including ~~any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term~~without limitation, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant ~~based~~ founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. ~~Notwithstanding anything~~ All keys to the ~~contrary set forth in this Section 21(c), Tenant~~ Premises or any part thereof shall ~~have the one-time right to elect to extend the Term for a period of three (3) months upon providing~~ be surrendered to Landlord ~~notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150%~~ upon expiration or sooner termination of the ~~Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this~~ Lease ~~shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term~~term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 2 contracts

Sources: Sublease (Covad Communications Group Inc), Sublease (Covad Communications 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this ~~Lease~~Lease or the termination of Tenant's right to occupy the Leased Property, all Improvements shall automatically become the property of Landlord. Tenant covenants to thereupon surrender the Leased Property in good and (if applicable) operating condition, reasonable wear and tear excepted, free and clear of any liens, claims, charges or encumbrances and with no Hazardous Material located therein, thereon or thereunder (other than those liens, claims, charges, encumbrances and Hazardous Materials which are attributable to any act or omission of Landlord), and Tenant shall at its sole cost and expense remove Tenant's records and all consumable items from the Leased Property. If Tenant fails to remove any such records or consumable items, Landlord may deem the same abandoned by Tenant, or Landlord may, but is not obligated to, at Tenant's expense and without notice to Tenant, remove the same from the Leased Property and thereafter, in Landlord's sole discretion, use, consume, destroy, dispose of or sell all or any part thereof without notice to Tenant. Any proceeds from sales of such property by Landlord shall belong solely to Landlord. Upon termination of Tenant's occupancy, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), promptly execute and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) ~~all Hazardous Materials licenses and permits held by or on behalf~~ a quitclaim deed or, at Landlord's option, a memorandum, in recordable form, evidencing the termination of ~~any Tenant Agent with respect to the Premises,~~ this Lease and (ii) ~~all Hazardous Materials used~~bills of sale and other documents and instruments of conveyance, ~~stored, handled, treated, generated, released or disposed~~ transfer and assignment as Landlord may reasonably request to evidence Landlord's acquisition of ~~from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval~~ ownership of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third partiesImprovements. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Ground Lease (Grand Casinos 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or Lease for any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possessionreason, Tenant shall surrender the Premises to Landlord ~~free~~ in its condition existing as of ~~Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed~~ the date Landlord delivers possession of ~~from,~~ the Premises ~~(collectively~~to Tenant, ~~“Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary~~ normal wear and tear and damage by fire or other casualty ~~loss~~ excepted, with all interior walls repaired and ~~condemnation covered~~ repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by ~~Sections 15~~ a reputable and ~~16 excepted~~licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. ~~At least 3 months~~ Tenant shall remove from the Premises and the Project all of Tenant’s trade fixtures, furniture, moveable equipment and other personal property, and any Alterations which Landlord elects to be removed pursuant to Section 5.4, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by the ~~surrender~~ installation or removal of any of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be liable to Landlord for the costs of: (i) removal of any such Alterations or personal property, (ii) storage, transportation, and disposition of the same, and (iii) repair and restoration of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) together with interest thereon at the ~~expiration or earlier termination of the Term, free from any residual impact~~ Interest Rate from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of ~~such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse~~ expenditure by Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (PortalPlayer, Inc.)

Surrender. ~~(a) On~~ At the ~~date on which this Lease expires or terminates, Tenant shall return possession~~ expiration of the Term, whether by termination or any other manner of expiration or cessation of Lessee's right of possession hereunder, Lessee shall vacate the Leased Premises and remove all Lessee's goods and effects from the Leased Premises (including, without limiting the generality of the foregoing, all furniture, Hazardous Materials, waste of any nature, any and all NOVIRIO LEASE AUGUST 21, 2001 contaminated material [including the neutralization chips] and all signs, stickers and lettering affixed or painted by Lessee, either inside or outside of the Leased Premises, including on floors, doors, walls or cabinetry). Lessee shall deliver to ~~Landlord~~ Lessor the Leased Premises (including, without limiting the generality of the foregoing, its plumbing, HVAC, electrical, chemical hoods, benches and neutralization tank systems) and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Leased Premises (provided Lessor does not elect otherwise as provided herein), in good condition, ~~except for ordinary~~ damage by fire or other casualty and reasonable wear and ~~tear~~tear only excepted. Lessee shall, at its sole cost and expense, repair any and all damage resulting from the removal of any fixtures. In the event of the Lessee's failure to remove any of Lessee's property from the Leased Premises, or deliver the Leased Premises in good condition as provided herein, Lessor is hereby authorized, without liability to Lessee for loss or damage thereto, and ~~except for casualty damage~~ at the sole risk of Lessee, to remove and store any of the property at Lessee's expense, or ~~other conditions that Tenant is not required~~ to ~~remedy~~ retain the same under ~~this Lease. Notwithstanding anything~~ Lessor's control or to sell the same at public or private sale, and to apply the net proceeds of such sale to the ~~contrary contained in this Lease~~payment of any sum due hereunder, or to destroy such property. Lessor may make all necessary repairs, maintenance and work which are Lessee's responsibility as provided herein, and ~~subject~~ charge Lessee as Additional Rent any expenses and obligations which Lessor has incurred in connection herewith (including, without limitation, reasonable attorneys' fees incurred by Lessor in connection herewith). If Lessee fails to vacate the ~~terms of this Section 21(a), prior to~~ Leased Premises in a timely manner upon the expiration of the Lease Term or ~~earlier~~ any other termination of this Lease, ~~Tenant~~ Lessee shall ~~remove from the Premises all Tenant Improvements (~~be a tenant-at-sufferance only subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this ~~Section 21(a)~~ Lease and, as consideration therefor, shall ~~also be deemed an Event~~ pay to Lessor commencing on the date of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or any earlier termination of the ~~Term, free from any residual impact from~~ Lease Term at the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect rate equal to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred ~~seventy-five~~ fifty percent (~~175~~150%) of the ~~Monthly~~ Base Rent and Additional Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at during the last month of the Lease Term. Such payments shall not in any way constitute, ~~and all of the other terms of provisions~~ or entitle Lessee to, a renewal or extension of this Lease ~~shall apply, except that Tenant shall not have~~ or grant Lessee any right to ~~make any Alterations or any Transfers, expand~~ continue in possession of the Leased Premises, nor shall they limit or ~~extend~~ be in lieu of any other rights or remedies which Lessor may have against Lessee under the ~~Term~~terms of this Lease or under applicable law. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Idenix Pharmaceuticals Inc)

Surrender. ~~(a) On~~ The Tenant, at the ~~date on which this Lease expires or terminates, Tenant shall return possession~~ expiration of the ~~Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage~~ Term or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or any earlier termination of this Lease, ~~Tenant~~ shall ~~remove from the Premises all Tenant Improvements~~ at its expense (~~subject to Section 29(c~~a) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect surrender to the ~~Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder,~~ Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default (including any fixtures or other improvements which are owned by the ~~Tenant under this Lease, entitling Landlord to exercise all legal~~ Landlord) in as good order and ~~equitable remedies available to Landlord.~~ repair as on the Effective Date (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and damage by casualty ~~loss~~ excepted) and ~~condemnation covered by Sections 15~~ broom clean, (b) remove therefrom all signs, goods, effects, machinery, fixtures and ~~16 excepted. At least 3 months prior to~~ equipment used in conducting the ~~surrender~~ Tenant’s trade or business which are neither part of the ~~Premises~~Building Service Equipment nor owned by the Landlord. In the event Tenant fails to properly remove all of its personal property in accordance with the terms of this Section 3.4, ~~Tenant shall deliver to~~ Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of its option may either (i) cause that property to be removed at the risk and expense of Tenant (both as to loss and damage), and Tenant hereby agrees to pay all ~~Hazardous Materials licenses~~ reasonable costs and ~~permits held by or on behalf~~ expenses incurred thereby, including sums paid to store the property elsewhere and the cost of any ~~Tenant Agent with respect~~ repairs to the ~~Premises~~Premises caused by the removal of the property, ~~and~~ or (ii) upon five (5) days’ written notice to Tenant, which the parties agree is commercially reasonable, sell at public or private sale any or all ~~Hazardous Materials used~~of such property, ~~stored~~whether exempt or not from sale under execution or attachment (such property being deemed charged with a lien in favor of Landlord for all sums due hereunder), ~~handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection~~ with the ~~review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver~~ proceeds to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense be applied as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of in this Lease, ~~free from any residual impact from Tenant HazMat Operations~~or (iii) at Landlord’s option, title for such personal property shall pass to Landlord. Tenant shall ~~reimburse Landlord, as Additional~~ not vacate or abandon the Premises at any time during the Term and discontinue the payment of Base Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If but if Tenant ~~remains in possession of~~ does vacate or abandon the Premises or is dispossessed by process of law, any ~~part thereof after~~ personal property belonging to Tenant and left on the ~~expiration or termination~~ Premises may, at the option of ~~this Lease (“Holdover”), without~~ the ~~written consent of~~ Landlord, ~~T▇▇▇▇▇’s occupancy of the Premises shall~~ be ~~that of a tenancy at sufferance.~~ deemed to have been abandoned by Tenant~~’s occupancy during any Holdover period shall otherwise be subject to~~ , and the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply~~, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term~~. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Commercial Lease (Millennial Media 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall ~~remove from~~ repair any damage to and restore the condition of the Premises ~~all Tenant Improvements (subject to~~ in accordance with Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants13.2. Tenant shall also ~~cap or terminate~~ remove all ~~telephone, computer~~ of Tenant’s Property and ~~data connections at service entry panels in accordance with~~ shall repair all ~~applicable Laws. With respect~~ damage to the ~~Generator~~Premises, the Building, the Common Area, Property or the Project caused by the installation or removal of Tenant’s Property. Tenant shall further patch and fill all holes within the Premises. All penetrations of the roof shall be resealed to a water tight condition. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any 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 ~~Tenant Improvements~~ wiring or ~~Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove~~ any other aspect of any systems within the ~~same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date~~Premises, unless ~~this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all~~ Landlord specifically permits or requires such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Leasein writing. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the ~~Premises~~ Premises, together with all keys and security codes, to Landlord ~~free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”)~~ broom clean and ~~released of all Hazardous Materials Clearances, broom clean~~in as good a condition as when received, ordinary wear and tear and damage by fire or casualty ~~loss and condemnation covered by Sections 15 and 16~~ excepted. ~~At least 3 months prior to the surrender~~ Conditions existing because of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s ~~expense as set forth below~~failure to perform maintenance, ~~to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may~~ repairs or replacements shall not be deemed ~~reasonably necessary~~ “reasonable wear and tear”. If Tenant fails to ~~confirm that the Premises are~~remove any of Tenant’s Property, ~~as of the effective date of such surrender~~ or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of restore the Premises to ~~third parties. (c) If Tenant remains in possession of~~ the ~~Premises or any part thereof~~ required condition, within 2 days after ~~the expiration or~~ termination of this Lease ~~(“Holdover”)~~or Tenant’s right to possession, ~~without the written consent of~~ Landlord, ~~T▇▇▇▇▇~~at Tenant’s ~~occupancy~~ sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the ~~Premises~~ Premises. Landlord shall not be ~~that~~ responsible for the value, preservation or safekeeping of ~~a tenancy at sufferance.~~ Tenant’s ~~occupancy during any Holdover period~~ Property. Tenant shall ~~otherwise be subject~~ pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord remove Tenant’s Property from ~~immediate recovery of possession of~~ the Premises ~~by summary proceedings~~ or ~~otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises~~ storage, within 30 days after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premisesnotice, Landlord may ~~decorate, remodel, repair, alter~~ deem all or ~~otherwise prepare the Premises for occupancy, without affecting~~ any part of Tenant’s ~~obligation~~ Property to ~~pay Rent for the Premises~~be abandoned and, ~~however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after~~ at Landlord’s ~~entry for such purposes~~option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Sources: Multi Tenant Industrial Triple Net Lease (Thorne Healthtech, 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. Notwithstanding anything Subject to the ~~contrary contained in this Lease~~provisions of SECTION 5.07 hereof, ~~and subject to~~ on the ~~terms of this Section 21(a), prior to the expiration~~ Term Expiration Date (or earlier termination of this Lease~~, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below~~), ~~Alterations (subject~~ ▇▇▇▇▇▇ shall quit and surrender possession of the Leased Premises to ~~Section 12(a) above)~~Landlord in as good order and condition as they were in on the Term Commencement Date, reasonable wear and tear, taking by condemnation and damage by casualty excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the ~~Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)~~Leased Premises, and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such ~~removal~~ property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall ~~restore~~ apply the ~~Premises to good order and the condition existing prior to Tenant’s installation~~ proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant ~~Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to~~ under any of the terms of this Lease~~. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of fromfourth, the ~~Premises (collectively~~balance, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth belowif any, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third partiesTenant. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Office Building Lease (Shopnow Com Inc)

Surrender. ~~(a) On the date on which this Lease expires or terminates,~~ Tenant shall ~~return possession~~ quit and surrender the premises at the end of the ~~Premises~~ term, broom clean, in the same condition as when received, reasonable wear and tear and damage by fire, the elements or other casualty not due to Tenant's act or neglect and/or fully covered by Landlord's insurance excepted. Tenant shall make no alterations, additions or improvements to the premises without Landlord's prior written consent. Tenant shall have the right to remove such improvements made by Tenant to the premises provided the premises are returned to the Landlord in ~~good condition, except for ordinary wear~~ the same condition as when they were delivered to Tenant at the commencement of this Lease. All improvements made by Tenant to the premises which are so attached to the premises that they cannot be removed without injury thereto and ~~tear~~which are not removed by the Tenant, and ~~except for casualty damage or other conditions that~~ all alterations and additions to the premises shall become the property of Landlord upon installation, subject to Landlord's right, hereinafter provided, to have same removed by Tenant ~~is not required to remedy under this Lease~~at the expiration of the term. Notwithstanding anything to the contrary ~~contained in this Lease~~hereinbefore stipulated, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, ~~subject~~ on notice to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election given at least ~~nine~~ thirty (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (9030) days prior to the ~~Expiration Date~~expiration of the term, if to have all such alterations, additions and improvements, or such of them as Landlord shall designate removed by Tenant, at Tenant's cost and expense, provided that Tenant ~~has vacated~~ shall have no responsibility upon termination of this Lease to remove perimeter and location markings. Tenant, upon removal of any alterations, additions and improvements made by it shall restore the ~~Premises~~premises to the condition in which they were at the commencement of the term, ~~Landlord may decorate~~reasonable wear and tear excepted. If any mechanic's lien is filed against the demised premises for work claimed to have been done or for materials claimed to have been furnished to Tenant, ~~remodel~~such lien shall be bonded or discharged by Tenant within thirty (30) days thereafter, ~~repair, alter or otherwise prepare the Premises for occupancy, without affecting~~ at Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes's expense.

Appears in 1 contract

Sources: Lease Agreement (Aerobic Creations, 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or Lease for any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possessionreason, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender in its condition existing as of the ~~Premises~~Commencement Date, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of except for (i) ~~all Hazardous Materials licenses~~ normal wear and ~~permits held~~ tear, (ii) damage by fire or ~~on behalf~~ other casualty, (iii) effects of any ~~Tenant Agent with respect~~ condemnation, (iv) any Work (as defined in Section 5A) not required to ~~the Premises~~be removed by Tenant, and (iiv) Hazardous Substances for which Tenant is not responsible under this Lease, with all ~~Hazardous Materials used~~interior walls repaired and repainted if damaged, ~~stored~~all carpets vacuumed, ~~handled~~all broken, ~~treated~~marred or nonconforming acoustical ceiling tiles replaced, ~~generated~~all windows washed, ~~released~~ the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or ~~disposed~~ broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the ~~Premises~~Premises all Tenant's personal property and all of Tenant's Work required to be removed pursuant to Section 5E, and ~~shall be subject~~ restore the Premises to the ~~review and~~ condition which existed prior to their installation (or as otherwise specified by Landlord in its approval of ~~Landlord’s environmental consultant~~such Work). ~~In connection with~~ If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, ~~free from any residual impact from~~ Landlord may retain or dispose of such property and all rights of Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to ~~the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises~~ it shall cease, or Landlord may place all or any ~~part thereof after the expiration or termination~~ portion of ~~this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance~~such property in public storage for Tenant's account. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable ~~for~~to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and ~~agrees to hold~~ the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord ~~harmless from and against,~~ against all ~~liabilities, obligations, damages, penalties, claims, costs, charges and expenses~~loss or liability, including attorneys’ ' fees and ~~consequential damages~~costs, ~~that Landlord suffers as a result of the Holdover, including any claims made~~ resulting from delay by ~~any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth~~ Tenant in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand so surrendering the Premises~~, or extend the Term~~. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Clarify Inc)

Surrender. Subject to the provisions of Article 8 hereof, on the Expiration Date (~~a) On the date on which~~ or earlier termination of this ~~Lease expires or terminates~~Lease), Tenant shall ~~return~~ quit and surrender possession of the Premises to Landlord in as good ~~condition~~order and condition as they were in on the Commencement Date, ~~except for ordinary~~ reasonable wear and tear, taking by condemnation and ~~except~~ repairs which are Landlord’s responsibility excepted, and damage from casualty to improvements other than the Tenant Improvements and other improvements paid for ~~casualty~~ from allowances provided by Landlord excepted. Reasonable wear and 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. ~~Notwithstanding anything~~ Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Premises, and shall repair any damage to the ~~contrary contained in this Lease, and subject to~~ Project resulting from such removal. Any such property not removed by Tenant by the ~~terms of this Section 21(a), prior to the expiration~~ Expiration Date (or earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall ~~remove from~~ fail to pay the ~~Premises~~ cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all ~~Tenant Improvements (subject~~ of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to ~~Section 29(c) below)~~or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the ~~Generator~~costs of such sale; second, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the ~~Expiration Date~~costs of storing any such property; third, ~~unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore~~ to the ~~Premises to good order and the condition existing prior to Tenant’s installation~~ payment of any other sums of money which may then or thereafter be due to Landlord from Tenant ~~Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to~~ under any of the terms of this Lease; and fourth, the balance, if any, to Tenant. ~~Any~~ If Tenant did not elect pursuant to the Work Letter to cause Landlord to demolish the second floor server room, then at the termination or earlier expiration of the Lease Tenant shall surrender to Landlord the equipment which was located in such room immediately prior to the commencement of construction of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to LandlordImprovements. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Advent Software Inc /De/)

Surrender. ~~(a) On~~ At the ~~date on which this~~ termination of the Lease ~~expires or terminates~~Term, Tenant shall ~~return possession~~ peaceably to surrender the Premises clean and in good order, repair and condition, and in conformance with all Legal Requirements, reasonable wear and tear and damage by ire or casualty or taking excepted and to deliver to Landlord all keys to the Premises or any ▇▇▇ thereof. Any alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall become a part of the ~~Premises~~ realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Lease Term, at which time title shall pass to Landlord under this Lease as if by a ▇▇▇▇ of sale, unless Landlord elects otherwise and notifies Tenant to remove any such tenant improvements at any time prior to the expiration of the Lease Term. If Landlord elects for Tenant to remove any or all of such tenant improvements, Landlord shall notify Tenant in ~~good condition~~writing no later than thirty (30) days prior to the expiration of the Lease Term as to which tenant improvements are to be removed prior to the expiration of the Lease. If Landlord fails to so notify Tenant, ~~except for ordinary wear~~ Tenant shall have no obligation to remove such tenant improvements and ~~tear~~restore the Premises as a result of such removal. Notwithstanding the foregoing, any and ~~except for casualty damage~~ all trade equipment (including but not limited to manufacturing and processing equipment), trade fixtures, furniture, data lines, inventory and business equipment (“Personal Property”) shall remain Tenant’s property and shall be removed by Tenant at the expiration or ~~other conditions that Tenant is not required to remedy under~~ earlier termination of this Lease. ~~Notwithstanding anything to the contrary contained~~ Upon demand by Landlord, Tenant shall remove, at Tenant’s sole cost and expense, forthwith and with all due diligence (but in ~~this Lease, and subject to the terms of this Section 21(a),~~ any event prior to the expiration or earlier termination of ~~this Lease, Tenant shall remove from~~ the ~~Premises all Tenant Improvements (subject to Section 29(c) below~~Lease Term), ~~Alterations (subject to Section 12(a) above)~~any such alterations, ~~the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant~~ additions or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in improvements which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted are designated by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Defaultremoved, and Tenant shall ~~be liable for~~forthwith and with all due diligence, at its sole cost and ~~agrees to hold Landlord harmless from and against~~expense, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including repair any ~~claims made by any succeeding tenant based on such delay. Notwithstanding anything~~ damage to the ~~contrary set forth in this Section 21(c)~~Premises or the Building Complex caused by such removal. In the event Tenant fails so to remove any Personal Property or any such alterations, ~~Tenant shall have the one-time right~~ additions and improvements or fails to ~~elect to extend the Term for a period of three (3) months upon providing to Landlord notice of~~ repair any such ~~election at least nine (9) months prior~~ damage to the ~~Expiration Date (~~Premises or the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the PremisesBuilding Complex caused thereby, Landlord may ~~decorate, remodel, repair, alter or otherwise prepare~~ do so and collect from Tenant the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on cost of such removal and ~~after Landlord’s entry for such purposes~~repair in accordance with Section 7.8 hereof.

Appears in 1 contract

Sources: Sublease Agreement (Energy Focus, Inc/De)

Surrender. ~~(a) On~~ Upon the ~~date on which~~ termination of this Lease ~~expires~~ whether by forfeiture, lapse of time or ~~terminates~~otherwise, ~~Tenant shall return~~ or upon the termination of Tenant's right to possession of the ~~Premises~~ Property, Tenant will at once surrender and deliver up the Property, together with all improvements thereon, to ~~Landlord~~ Landlord, broom clean1 in good ~~condition~~order, ~~except for~~ condition and repair, ordinary wear and ~~tear~~tear excepted. "Broom clean" means free from all debris, ~~and except for casualty damage~~ dirt, rubbish, personal property of Tenant, oil, grease, tire tracks or other ~~conditions that~~ substances, inside and outside of the building and on the grounds comprising the Property. Any damage caused by removal of Tenant ~~is not required to remedy under this Lease. Notwithstanding anything to~~ from the ~~contrary contained in this Lease~~Property, ~~and subject to the terms~~ including any damages caused by removal of ~~this Section 21(a)~~Tenant's equipment as herein defined, shall be repaired by Tenant at its cost prior to the expiration of this Lease term. In the event any improvements or ~~earlier~~ Tenant's equipment are not removed by Tenant at the time of the expiration' of this Lease tern,, Tenant shall pay rent until such improvements and fixtures and Tenant's equipment are removed. All additions, hardware, improvements, temporary or permanent, in or upon the Property placed there by Tenant will become Landlord's property and shall remain upon the Property upon such termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Tenant, unless Landlord requests their removal. If Landlord so requests removal of such additions, hardware, or improvements and Tenant does make such removal by the termination of this Lease, ~~Tenant shall remove from the Premises all Tenant Improvements~~ or within ten (~~subject to Section 29(c~~10) ~~below)~~days after such request, Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant whichever is ~~otherwise required to remove hereunder~~later, Landlord ~~agrees that Tenant shall be required to~~ may remove the same ~~only if Landlord provides notice~~ and deliver the same to any other place business of Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of warehouse the same, ~~which~~ and Tenant agrees to pay the cost ~~shall not exceed $5,000. Landlord shall have the unrestricted right to deliver~~ of such ~~Surrender Plan~~ removal, delivery and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available warehousing to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termdemand. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Building Lease (Surebeam 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this ~~Lease~~Sublease for any reason, Subtenant shall surrender the Premises to Sublandlord in its condition existing as of the Commencement Date (including the Initial Tenant Improvements even if not completed as of the Commencement Date) but subject to the provisions of Section 5, normal wear and tear and damage by fire or other casualty or condemnation or repairs which are the responsibility of Landlord excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Subtenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, Subtenant's personal property and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign Subtenant's alterations required to be removed pursuant to Sections 5D and 5E (but not the ~~terms~~ Initial Tenant Improvements), and restore the Premises to its condition prior to their installation. If Subtenant fails to remove any alterations and/or Subtenant's personal property, and such failure continues after the termination of this ~~Lease. Any of the Tenant FFE~~ Sublease, Landlord or ~~the Satellite System,~~ Sublandlord may retain or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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~~ and all rights of Subtenant with respect to it shall cease, or Sublandlord may ~~see fit and retain~~ place all or any portion of such property ~~as its property or sell~~ in public storage for Subtenant's account. Subtenant shall be liable to Sublandlord for costs of removal of any such alterations and Subtenant's personal property and ~~keep~~ storage and transportation costs of same, and the ~~proceeds. If T▇▇▇▇▇ does not return possession~~ cost of ~~the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms~~ repairing and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of restoring the Premises, ~~Tenant shall deliver to Landlord a narrative description~~ together with interest at the Interest Rate from the date of ~~the actions proposed (or required under any Law) to be taken~~ expenditure by ~~Tenant in order to surrender~~ Sublandlord. If the Premises ~~(including any Alterations permitted by Landlord to remain in the Premises)~~ are not so surrendered at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this ~~Lease~~Sublease, ~~free from any residual impact from Tenant HazMat Operations. Tenant~~ Subtenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises indemnify Sublandlord against all loss or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expensesliability, including attorneys’ ' fees and ~~consequential damages~~costs, ~~that Landlord suffers as a result of the Holdover, including any claims made~~ resulting from delay by ~~any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth~~ Subtenant in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand so surrendering the Premises~~, or extend the Term~~. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Sublease Agreement (Vitria Technology Inc)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or Lease --------- for any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possessionreason, Tenant shall surrender the Premises to Landlord ~~free~~ in its condition existing as of ~~Hazardous Materials brought upon~~the commencement date, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary normal wear and tear and damage by fire or other casualty ~~loss~~ excepted, with all interior walls repaired and ~~condemnation covered~~ repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by ~~Sections 15~~ a reputable and ~~16 excepted~~licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. ~~At least 3 months~~ Tenant shall remove from the Premises all of Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5.E, and restore the Premises to its condition prior to ~~the surrender of the Premises,~~ their installation. If Tenant ~~shall deliver~~ fails to ~~Landlord a narrative description of the actions proposed (or required under~~ remove any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premisesalterations and/or Tenant's personal property, and ~~(ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from~~ such failure continues after the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, ~~free from any residual impact from~~ Landlord may retain or dispose of such property and all rights of Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to ~~the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises~~ it shall cease, or Landlord may place all or any ~~part thereof after the expiration or termination~~ portion of ~~this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance~~such property in public storage for Tenant's account. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable ~~for~~to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and ~~agrees to hold~~ the cost of repairing and restoring the Landlord, together with interest at the interest rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord ~~harmless from and against,~~ against all ~~liabilities, obligations, damages, penalties, claims, costs, charges and expenses~~loss or liability, including attorneys’ ' fees and ~~consequential damages~~costs, ~~that Landlord suffers as a result of the Holdover, including any claims made~~ resulting from delay by ~~any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth~~ Tenant in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand so surrendering the Premises~~, or extend the Term~~. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Numerical Technologies Inc)

Surrender. ~~(a) On the date on which this~~ Upon Lease ~~expires or terminates~~termination, Tenant shall ~~return possession~~ quit and surrender the Premises free and clear of all tenants, occupants, liens, and encumbrances whatsoever except (i) Permitted Exceptions and (ii) encumbrances restrictions or reservations caused by or consented to in writing by Landlord. Tenant shall, subject to the provisions of Section 10 and 11 hereof, surrender the Premises to Landlord broom clean and in good ~~condition~~order, ~~except for ordinary~~ condition and repair, reasonable wear and ~~tear~~tear excepted, with all Tenant's signs, furniture, trade fixtures, equipment and ~~except for casualty damage~~ other personal property removed. Any of Tenant's furniture, trade fixtures, equipment or other ~~conditions that Tenant~~ personal property which is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove removed from the Premises ~~all~~ by the termination date shall be deemed abandoned to Landlord and Landlord may dispose of the same as it sees fit, at Tenant's expense. All alterations which Landlord has designated in writing for removal by Tenant ~~Improvements (subject~~ pursuant to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed 6.2 shall be removed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunderexcept that if having so designated an alteration for removal, Landlord ~~agrees that Tenant shall be required to remove the same only if Landlord provides~~ thereafter gives notice to Tenant at least six (6) months before the expiration of the Lease Term that Landlord would be willing to let such alteration remain after the expiration of the Lease Term, then Tenant may elect whether to remove such ~~items at least three (3) months prior to~~ alteration or leave it as part of the ~~Expiration Date, unless this~~ Premises upon the expiration of the Lease ~~is terminated following an Event of Default in which case no notice shall be required~~Term. Tenant shall repair any damage ~~resulting from~~ caused by the removal of any alterations or any of Tenant's furrliture, trade fixtures, equipment or other personal property and ~~all such removal and shall~~ restore the ~~Premises~~ building or the surface of the Real Property, as the case may be, to ~~good order and~~ substantially the condition ~~existing~~ in which it was prior to ~~Tenant’s installation~~ such removal. At any time during the last six (6) months prior to tbe expiration or termination of ~~any Tenant Improvements or Alterations~~ the ~~Satellite System~~Lease Term, or after the ~~Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System~~Term has ended, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession~~ have an environmental assessment of the Premises ~~to Landlord in the condition required under this Lease~~peRormed, at Landlord's sole cost and expense. Tenant shall ~~pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms~~ peRorm, at it sole cost and ~~conditions of this Section 21(a) shall also be deemed an Event of Default~~ expense, any cleanup or remedial work required applicable laws and recommended by the ~~Tenant under this Lease~~consultant that performed the environmental assessment to remove, ~~entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration~~ mitigate or remediate any hazardous substances contamination of the ~~Term~~ Premises which, based on such envirormental assessment, is determined (or ~~earlier termination of Tenant’s right of possession~~reasonably concluded) to have been introduced by Tenant or its agents, ~~Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon~~employees, ~~kept, used, stored, handled, treated, generated in~~contractors, or released or disposed of from, the Premises (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 15 and 16 exceptedinvitees. ~~At least 3 months prior~~ Prior to ~~the surrender~~ surrendering possession of the Premises, Tenant shall ~~deliver~~ also remove to ~~Landlord a narrative description of~~ the ~~actions proposed (or~~ extent required ~~under any Law)~~ by applicable laws and to ~~be taken~~ the extent installed by Tenant ~~in order to surrender~~ any personal property, equipment, fixture and/or storage device or vessel on or about the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held which is contaminated by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third partiescontains hazardous substances. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Emeritus Corp\wa\)

Surrender. ~~(a) On~~ Lessee shall on the ~~date on which~~ last day of the term hereof, or upon any earlier termination of this ~~Lease expires or terminates~~Lease, ~~Tenant shall return possession of~~ surrender and deliver up the Premises to ~~Landlord~~ Lessor without delay and in good ~~condition~~order, ~~except for~~ condition and repair broom-clean, ordinary wear and ~~tear~~tear excepted. All furniture furnishings, fixtures and ~~except for casualty damage~~ equipment, installed or ~~other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to~~ used in the ~~contrary contained in~~ operation of the Premises, shall throughout the term of this Lease, ~~and subject to~~ be the ~~terms~~ property of ~~this Section 21(a), prior to~~ Lessee. At the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels provided Lessee is not in ~~accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove~~ default hereunder, ~~Landlord agrees that Tenant shall be required to~~ Lessee may remove ~~the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date~~its unattached, ~~unless this Lease is terminated following an Event of Default in which case no notice shall be required~~movable equipment and trade fixtures. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration ~~of the Term~~ or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, ~~free from any residual impact from Tenant HazMat Operations. Tenant~~ if so requested by Lessor, Lessee shall ~~reimburse Landlord~~within ten (10) days following such expiration or termination, ~~as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review~~ remove all such fixtures and ~~approve the Surrender Plan and to visit~~ equipment installed on the Premises by Lessee, whether or not such fixtures and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect equipment are attached to the ~~surrender of~~ building or other improvements located on the Premises, unless such removal would cause damage to the Premises which would require substantial repair Lessee shall fully repair all damage of any kind or character to ~~third parties. (c) If Tenant remains in possession~~ the Premises occasioned by the removal of any fixtures or equipment which repair shall include the patching and filling of holes and repair of structural damage Any fixtures, furnishings, equipment or other personal property of Lessee which shall remain on the Premises or any part thereof ~~after~~ for ten (10) days following the expiration or termination of this ~~Lease (“Holdover”)~~Lease, ~~without~~ at the ~~written consent~~ option of ~~Landlord~~Lessor, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to ~~authorize Tenant to remain in occupancy of the Premises after the Expiration Date~~ have been abandoned by Lessee and either may be retained by Lessor as its properly or ~~sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise~~disposed of, without ~~obligation to provide Tenant any notice or cure period~~accountability, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers in such manner as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord Lessor may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.determine

Appears in 1 contract

Sources: Standard Commercial Industrial Lease (Imarx Therapeutics Inc)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or ~~earlier~~ other termination of this Lease, Tenant shall ~~remove from~~ return all keys and quit and surrender to Landlord the ~~Premises all Tenant~~ Premises, together with Tenant’s Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other ~~personal~~ property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect affixed to the ~~Generator~~Premises, ~~or any~~ excluding Tenant’s Moveable Property, which shall remain the property of Tenant, in good order and condition, ordinary wear and tear, casualty and condemnation excepted. Subject to the last sentence of this subparagraph (a), Tenant ~~Improvements or Alterations Tenant is otherwise required to remove hereunder~~shall, ~~Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months~~ prior to the ~~Expiration Date~~expiration or other termination of this Lease, ~~unless this Lease~~ remove all Tenant’s Moveable Property and other property belonging to it which is ~~terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore~~ not affixed to the Premises and failing to ~~good order and the condition existing prior~~ do so, Landlord may cause all of said personal property to be removed. Tenant’s ~~installation of any Tenant Improvements~~ obligation to observe or ~~Alterations~~ perform this covenant shall survive the ~~Satellite System,~~ expiration or ~~the Building Mounted Sign required to be removed pursuant to the terms~~ other termination of this Lease. ~~Any of~~ In the ~~Tenant FFE or the Satellite System~~alternative, ~~or the Building Mounted Sign or Tenant’s personal property~~ Landlord may, at its option, treat any and all items not removed by Tenant on or ~~restored as required herein shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell~~ before the date of expiration or ~~otherwise dispose~~ other termination of such property in such manner as Landlord may see fit and retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, other than such items that are not owned by Tenant, as having been relinquished by Tenant and such items shall become the property of Landlord with the same force and effect as if Tenant had never owned or otherwise had any interest in such items. Anything herein to the contrary notwithstanding, Tenant shall ~~pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure~~ not be obligated to ~~comply with the terms~~ remove any safes (whether or not built-in), vaults, night depositories, security deposit box assemblies, ATM machines and ~~conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease~~equipment, ~~entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term~~ teller stations or ~~earlier termination~~ any other items of Tenant’s ~~right~~ Moveable Property that Tenant may elect to leave in the Premises upon the expiration or other termination of ~~possession,~~ this Lease and Tenant shall ~~surrender~~ not be obligated to reimburse Landlord for the ~~Premises to Landlord free~~ cost of ~~Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from,~~ removing said items from the ~~Premises (collectively, “~~Premises. In the event Tenant ~~HazMat Operations”)~~ does remove its ATM machines and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. At least 3 months prior to the surrender of equipment on surrendering the Premises, Tenant shall ~~deliver to Landlord a narrative description of~~ cover and secure any openings in walls caused by the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date removal of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review machines and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third partiesequipment. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Bank of the James Financial 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or Lease --------- for any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possessionreason, Tenant shall surrender the Premises to Landlord ~~free~~ in its condition existing as of ~~Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed~~ the date Landlord delivers possession of ~~from,~~ the Premises ~~(collectively~~to Tenant, ~~“Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary~~ normal wear and tear and damage by fire or other casualty ~~loss~~ excepted, with all interior walls repaired and ~~condemnation covered~~ repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by ~~Sections 15~~ a reputable and ~~16 excepted~~licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. ~~At least 3 months~~ Tenant shall remove from the Premises and the Project all of Tenant's trade fixtures, furniture, moveable equipment and other personal property, and any Alterations which Landlord elects to be removed pursuant to Section 5.3, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by the ~~surrender~~ installation or removal of any of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to claim from Tenant all expenses arising out of Tenant's failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be liable to Landlord for the costs of: (i) removal of any such Alterations or personal property, (ii) storage, transportation, and disposition of the same, and (iii) repair and restoration of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) together with interest thereon at the ~~expiration or earlier termination of the Term, free from any residual impact~~ Interest Rate from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of ~~such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse~~ expenditure by Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Ydi Wireless Inc)

Surrender. ~~(a)~~ On the ~~date on which this Lease expires~~ Expiration Date or ~~terminates, Tenant shall return possession of~~ upon the ~~Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or~~ termination hereof upon a day other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to than the Expiration Date, ~~unless this Lease is terminated following an Event of Default in which case no notice shall be required.~~ Tenant shall ~~repair any damage resulting from any and all such removal and shall restore~~ peaceably surrender the Demised Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition ~~required under this Lease~~in which the Demised Premises were delivered to Tenant as set forth in Section 1.0 hereof, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary reasonable wear and ~~tear~~ tear. Permitted alternations and insured casualty ~~loss~~ only excepted; warehouse area in broom clean condition; office/restroom area vacuumed and condemnation covered by Sections 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall requestcleaned. On or before ~~such surrender~~the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Tenant shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall ~~deliver~~ be deemed to ~~Landlord evidence that~~ have been abandoned. Any damage caused in the ~~approved Surrender Plan~~ removal of such items shall be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than Tenant’s Property) which shall have been ~~satisfactorily completed and~~ made or installed by Landlord ~~shall have~~ or Tenant upon the ~~right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the~~ Demised Premises and ~~perform such additional procedures~~ all floor covering so installed shall remain upon and be surrendered with the Demised Premises as ~~may be deemed reasonably necessary to confirm that the Premises are~~a part thereof, ~~as of the effective date of such surrender~~ without disturbance, molestation or ~~early termination of this Lease~~injury, ~~free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord~~and without charge, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after at the expiration or termination of this Lease ~~(“Holdover”), without~~ If the ~~written consent of Landlord, T▇▇▇▇▇’s occupancy of the~~ Demised Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after are not surrendered on the Expiration Date or ~~sooner termination~~ the date of ~~the Term. Any provision in this Lease to the contrary notwithstanding~~termination, ~~any Holdover by~~ Tenant shall ~~constitute an Event of Default entitling~~ indemnify Landlord ~~to exercise, without obligation to provide Tenant any notice~~ against loss or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any liability or claims made by any succeeding ~~tenant based on~~ Tenant resulting from such delay. ~~Notwithstanding anything to the contrary set forth in this Section 21(c),~~ Tenant shall ~~have~~ promptly surrender all keys for the ~~one-time right to elect to extend the Term for a period of three (3) months upon providing~~ Demised Premises to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the ~~last month~~ place then fixed for payment of rent and shall inform Landlord of combinations of any locks and safes on the ~~Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the~~ Demised Premises~~, or extend the Term~~. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Commercial Lease (Thoratec 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or Lease for any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possessionreason, Tenant shall surrender the Premises to Landlord ~~free~~ in its condition existing as of ~~Hazardous Materials brought upon~~the date this Lease is fully executed, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary normal wear and tear excepted, with all interior walls repaired and ~~casualty loss~~ repainted if marked or damaged, all carpets shampooed and ~~condemnation covered by Sections 15~~ cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all building systems, including the plumbing, HVAC, ALC and ~~16 excepted. At least 3 months prior~~ electrical systems and lighting in good order and repair, and everything else in good repair for which Tenant is responsible under Section 9(b) hereof, including replacement of any burned out or broken light bulb or ballasts, and all floors cleaned and waxed, all to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval reasonable satisfaction of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall ~~reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit~~ remove from the Premises all Tenant's personal property and ~~verify satisfactory completion~~ all of Tenant's alterations which Landlord requires Tenant to remove, and restore the ~~same~~Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, ~~which cost shall not exceed $5,000. Landlord shall have~~ and such failure continues after the ~~unrestricted right to deliver such Surrender Plan and any report by L~~ter▇▇▇▇▇▇~~▇’s environmental consultant~~ on of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to ~~the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises~~ it shall cease, or Landlord may place all or any ~~part thereof after the expiration or termination~~ portion of ~~this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance~~such property in public storage for Tenant's account. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable ~~for~~to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of s▇▇▇, ▇nd the cost of repairing and ~~agrees to hold~~ restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord ~~harmless from and against,~~ against all ~~liabilities, obligations, damages, penalties, claims, costs, charges and expenses~~loss or liability, including attorneys’ ' fees and ~~consequential damages~~costs, ~~that Landlord suffers as a result of the Holdover, including any claims made~~ resulting from delay by ~~any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth~~ Tenant in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand so surrendering the Premises~~, or extend the Term~~. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Marvell Technology Group LTD)

Surrender. ~~(a)~~ On the ~~date~~ Expiration Date or upon the termination hereof on ~~which this Lease expires or terminates~~a day other than the Expiration Date, Tenant shall ~~return possession of~~ peaceably surrender the Demised Premises ~~to Landlord~~ broom-clean in good ~~condition~~order, ~~except for ordinary~~ condition and repair, reasonable wear and ~~tear~~tear and loss by fire or other casualty only excepted. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Tenant shall, at its expense, remove all trade fixtures, personal property, equipment and signs, from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be repaired by Tenant and at its expense. All alterations, additions, improvements and fixtures (other than (i) trade fixtures, (ii) any alterations or fixtures that are unique and not customary for office space that will be removed by Tenant at Landlord's request, and ~~except for casualty damage~~ (iii) fixtures that are described in Article 25 that will be removed) which shall have been made or ~~other conditions that~~ installed by Landlord or Tenant ~~is not required to remedy under this Lease. Notwithstanding anything to~~ upon the ~~contrary contained in this Lease~~Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and ~~subject to the terms of this Section 21(a)~~without charge, ~~prior to~~ at the expiration ~~or earlier~~ of termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If ~~T▇▇▇▇▇ does~~ the Demised Premises are not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or surrendered on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or ~~sooner termination~~ the date of ~~the Term. Any provision in this Lease to the contrary notwithstanding~~termination, ~~any Holdover by~~ Tenant shall ~~constitute an Event~~ indemnify Landlord against loss or liability arising out of ~~Default entitling Landlord~~ or relating to ~~exercise, without obligation to provide Tenant~~ any ~~notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless~~ claims resulting from ~~and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses~~such failure, including ~~attorneys’ fees and consequential damages~~without limitation, ~~that Landlord suffers as a result of the Holdover, including~~ any claims made by any succeeding ~~tenant based~~ Tenant founded on such delay. ~~Notwithstanding anything to the contrary set forth in this Section 21(c),~~ Tenant shall ~~have~~ promptly surrender all keys for the ~~one-time right to elect to extend the Term for a period of three (3) months upon providing~~ Demised Premises to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the ~~last month~~ place then fixed for payment of rent and shall inform Landlord of combinations of any locks and safes on the ~~Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the~~ Demised Premises~~, or extend the Term~~. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Mgi Pharma Inc)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or Lease for any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possessionreason, Tenant shall surrender the Premises to Landlord ~~free~~ in its condition existing as of ~~Hazardous Materials brought upon~~the Commencement Date, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary normal wear and tear and damage by fire or other casualty ~~loss~~ excepted, with all interior walls repaired and ~~condemnation covered by Sections 15~~ repainted if marked or damaged, all carpets broom cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and ~~16 excepted~~electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, and all floors broom cleaned, all to the reasonable satisfaction of Landlord. ~~At least 3 months~~ Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations required to be removed pursuant to Section 5E, and restore the Premises to its condition prior to ~~the surrender of the Premises,~~ their installation. If Tenant ~~shall deliver~~ fails to ~~Landlord a narrative description of the actions proposed (or required under~~ remove any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premisesalterations and/or Tenant's personal property, and ~~(ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from~~ such failure continues after the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, ~~free from any residual impact from~~ Landlord may retain or dispose of such property and all rights of Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to ~~the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises~~ it shall cease, or Landlord may place all or any ~~part thereof after the expiration or termination~~ portion of ~~this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance~~such property in public storage for Tenant's account. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable ~~for~~to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of same, and ~~agrees to hold~~ the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord ~~harmless from and against,~~ against all ~~liabilities, obligations, damages, penalties, claims, costs, charges and expenses~~loss or liability, including attorneys’ ' fees and ~~consequential damages~~costs, ~~that Landlord suffers as a result of the Holdover, including any claims made~~ resulting from delay by ~~any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth~~ Tenant in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand so surrendering the Premises~~, or extend the Term~~. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Zamba 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration Date or earlier termination of the Term, Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth in Paragraph 22.4 above) in the condition received, less any normal wear and tear, free ~~from any residual impact from the Tenant HazMat Operations~~ of trash and ~~otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan~~ debris including cleaning of all flooring; all walls shall be ~~accompanied~~ patched and painted; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including restoration of the signage mounting surfaces to their pre-existing condition; all sign circuits, electrical circuits, and lighting fixtures shall be in good operating condition; all roof penetrations arising from Tenant’s occupancy of the Premises shall be in a ~~current listing~~ watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of ~~(i)~~ this Lease. Tenant shall additionally, as of the Expiration Date, remove all ~~Hazardous Materials licenses~~ of Tenant's Personal Property and ~~permits held by or on behalf of any Tenant Agent with respect to~~ all electric, data and voice cabling installed in the Premises, ~~and (ii) all Hazardous Materials used~~or behind or above any ceiling or wall in, ~~stored~~on, ~~handled, treated, generated, released~~ or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect about the Premises and perform all repairs and restoration required by the removal of any such ~~additional procedures~~ cabling, Alterations or Tenant's Personal Property, as ~~may be deemed reasonably necessary~~ applicable, and Tenant shall surrender to ~~confirm that~~ Landlord all keys to the Premises ~~are, as~~ (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or ▇▇▇▇▇▇'s Personal Property that Tenant does not remove from the Premises on or before the Expiration Date or earlier termination date of the ~~effective date of such surrender or early termination~~ Term of this ~~Lease, free from any residual impact from~~ Lease by giving written notice to ▇▇▇▇▇▇. Any such Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant ~~HazMat Operations~~vest in Landlord. Tenant ~~shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by~~ waives all claims against Landlord for ~~Landlord’s environmental consultant~~ any damage to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by LTenant resulting from ▇▇▇▇▇▇▇~~’s environmental consultant with respect~~ ▇'s retention or disposition of any such Alterations or Tenant's Personal Property. Tenant will be liable to ~~the surrender of the Premises to third parties.~~ Landlord for Landlord's costs for storing, removing (~~c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”~~including related restoration work), ~~without the written consent~~ or disposing of ~~Landlord, T~~any such Alterations (that were required to be removed by Landlord under this Lease) or Tenant's Personal Property. If ▇▇▇▇▇~~’s occupancy of~~ ▇ fails to surrender the Premises ~~shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject~~ to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord ~~from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after~~ on the Expiration Date (or ~~sooner~~ earlier termination of the Term~~. Any provision~~ ) in the condition required by this ~~Lease to the contrary notwithstanding~~Paragraph 23.1, ~~any Holdover by~~ Tenant shall ~~constitute an Event of Default entitling Landlord to exercise~~indemnify, ~~without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default~~defend, and ~~Tenant shall be liable for, and agrees to~~ hold harmless the Landlord ~~harmless~~ from and ~~against,~~ against all third party liabilities~~, obligations~~, damages, ~~penalties, claims~~losses, costs, ~~charges and~~ expenses, ~~including~~ attorneys’ ' fees and ~~consequential damages~~costs, ~~that Landlord suffers as a result of the Holdover~~and claims resulting from such failure, including without limitation any ~~claims~~ claim for damages made by ~~any~~ a succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termtenant. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Office Lease Agreement (IDEAYA Biosciences, Inc.)

Surrender. ~~(a)~~ SECTION 4.01. On the ~~date on which this Lease expires or terminates, Tenant shall return possession~~ last day of the ~~Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage~~ term hereof or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or upon any earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generatorlease, or upon any ~~Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove~~ re-entry by Sub-sublandlord upon the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Demised Premises ~~to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed~~ pursuant to ~~the terms of this Lease. Any of the Tenant FFE or the Satellite System~~Article 19 hereof, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant Sub-subtenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Demised Premises, ~~Tenant shall deliver~~ together with all fixtures and articles of personal property attached to ~~Landlord a narrative description of the actions proposed (~~or ~~required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain~~ used in the ~~Premises) at~~ operation thereof, into the ~~expiration or earlier termination~~ possession and use of ~~the Term~~Sub-sublandlord without delay and, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of Section 15.03 hereof, in good order, condition and repair, reasonable wear and tear excepted, free and clear of all lettings and occupancies other than subleases permitted by this ~~Lease~~ lease and any existing subleases and free and clear of all liens and encumbrances other than those, if any, permitted by this lease or created or consented to by Sub-sublandlord. SECTION 4.02. Where furnished by or at the expense of any subtenant, furniture, trade fixtures and business equipment (~~unless clearly inapplicable)~~not constituting part of the Demised Premises) may be removed by such subtenant at or prior to the termination of its sublease, ~~except~~ provided, however, that the ~~Monthly Rent shall be one hundred seventy-five percent (175%)~~ removal thereof will not contravene the provisions of the ~~Monthly Rent payable for~~ Ground Lease, the ~~last full month immediately preceding~~ Mesne Lease or the ~~Holdover, plus all other charges payable hereunder~~Operating Lease and that Sub-subtenant shall with due diligence, and ~~upon all~~ without expense to Sub-sublandlord, cause the ~~terms hereof applicable~~ Building to be promptly restored to its condition prior to such ~~a tenancy at sufferance~~removal and cause any injury due to such removal to be promptly repaired. SECTION 4.03. ~~No Holdover~~ Any personal property of Sub-subtenant or ~~payment by Tenant~~ any subtenant which shall remain in the Building after the ~~expiration or~~ termination of this ~~Lease shall operate to extend~~ lease or any sublease and the ~~Term~~ removal of Sub-subtenant or ~~prevent Landlord~~ such subtenant from ~~immediate recovery~~ the Building, may, at the option of ~~possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall~~ Sub-sublandlord be deemed to ~~authorize Tenant to remain in occupancy of the Premises after the Expiration Date~~ have been abandoned by Sub-subtenant or ~~sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover~~ such subtenant and either may be retained by ~~Tenant shall constitute an Event of Default entitling Landlord to exercise~~Sub-sublandlord as its property or be disposed of, without ~~obligation~~ accountability, in such manner as Sub-sublandlord may see fit. SECTION 4.04. Sub-sublandlord shall not be responsible for any loss or damage occurring to ~~provide Tenant~~ any ~~notice~~ property owned by Sub-subtenant or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any ~~claims made by any succeeding tenant based on such delay~~subtenant. SECTION 4.05. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of The provisions of this ~~Lease~~ Article 4 shall ~~apply, except that Tenant shall not have~~ survive any ~~right to make any Alterations or any Transfers, expand the Premises, or extend the Term~~termination of this lease. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Operating Sublease (Sl Green Realty 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier Upon termination of this ~~Lease~~Lease or Tenant's right to possession, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord, in good condition and repair, normal wear and tear excluded. Tenant shall remove from the Premises all ~~Tenant Improvements~~ of Tenant's personal property, equipment and trade fixtures (~~subject to Section 29(c~~collectively "Tenant's - Property") ~~below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above),~~ and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any injury or damage ~~resulting~~ to the Premises which may result from ~~any and all~~ such ~~removal~~ removal, and shall restore the Premises to ~~good order and~~ the same condition ~~existing~~ as prior to the installation thereof. If Tenant does not remove Tenant~~’s installation~~ 's Property from the Premises, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of ~~any~~ business of Tenant ~~Improvements~~ or ~~Alterations~~ warehouse the ~~Satellite System~~same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property~~ treat Tenant's Property as ~~its property or sell such property and keep the proceeds. If T▇~~having been conveyed to Landlord with this Lease acting as a ▇▇▇▇ ~~does not return possession~~ of sale, without further payment or credit by Landlord to Tenant. If Landlord requests the removal of any Alterations (including without limitation Tenant’s fence), Tenant shall remove all such items and restore the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom cleantheir original condition, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, excepted upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this ~~Lease (“Holdover”)~~Lease. If, ~~without~~ after Landlord’s request, Tenant does not remove said Alterations, Landlord may remove the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, same and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall ~~constitute an Event~~ pay the cost of ~~Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available~~ such removal to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termdemand. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Industrial Building 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, whether by forfeiture, lapse of time, or otherwise, or upon the termination of Tenant’s right to possession of the Premises, Tenant ~~shall remove from~~ will at once surrender and deliver up the Premises, to Landlord in good and broom-clean condition and repair, reasonable wear and tear and loss by fire or other casualty excepted. All Tenant Additions will, following the expiration or termination of this Lease, remain in the Premises as Landlord’s property unless Landlord directs Tenant to remove all or any portion of same whereupon Tenant ~~Improvements~~ agrees that it shall, at its expense, remove such Tenant Additions (~~subject to Section 29(c) below~~or portion thereof directed by Landlord). Provided Tenant is not in default, ~~Alterations (subject to Section 12(a) above)~~it will remove its Trade Fixtures, ~~the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)~~inventory, and ~~its FFE, partitions, and all~~ other personal property ~~installed by Tenant or its assignees or subtenants~~upon the expiration of the Term. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations If Tenant is ~~otherwise required to~~ in default, it shall remove ~~hereunder, Landlord agrees that Tenant shall be required to remove the same~~ its Trade Fixtures only if ~~Landlord provides notice~~ specifically directed to ~~Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default~~ do so in ~~which case no notice shall be required~~writing by Landlord. Tenant shall repair any damage ~~resulting~~ to the Premises caused by the removal of such Tenant Additions, Trade Fixtures, or other items. In no event will any fire sprinklers, fire suppression equipment, HVAC System components, floor tiles, carpeting, ceiling tiles, plumbing fixtures, or similar building system items or any equipment or fixtures attached to the realty be considered “Trade Fixtures” or be removed unless directed by Landlord to do so. Tenant agrees that following an Event of Default, Landlord may, at its option, allow any party claiming to be a lessor of Tenant to remove equipment, Trade Fixtures, and similar items leased from such lessor. Landlord shall have no liability to Tenant therefor. Landlord may condition its consent upon such lessor agreeing to repair any ~~and all~~ damage to the Premises caused by such removal and providing adequate financial assurances of its ability to pay for any such damages. Provided, however, no such agreement by any such lessor, or Landlord’s failure to obtain such an agreement, shall ~~restore the Premises to good order and the condition existing prior to~~ relieve Tenant of its obligations hereunder including without limitation, Tenant’s ~~installation of any~~ obligation to repair said damage even if the damage is caused by said lessor or its contractors or agents. Tenant ~~Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease~~shall remove all Hazardous Materials. Any ~~of the~~ Trade Fixtures or Tenant ~~FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property~~ Additions not removed ~~or restored~~ by Tenant as required herein shall be deemed ~~abandoned~~abandoned and may be stored, removed and ~~Landlord,~~ disposed of by Landlord at Tenant’s expense, ~~may remove, store, sell or otherwise dispose of such property in such manner as~~ and Tenant waives all claims against Landlord may see fit and retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all for any damages resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s ~~environmental consultant~~retention or disposal of same. ~~In connection with~~ Moreover, any period following the ~~review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord~~ termination or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration ~~or termination~~ of this Lease ~~(“Holdover”)~~during which there is Hazardous Material, ~~without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises~~ Tenant Alterations or Trade Fixtures which are not removed as herein required shall be ~~that of~~ considered a ~~tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject~~ holdover by Tenant and, in addition to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord ~~upon an Event of Default~~hereunder, ~~and~~ shall obligate Tenant to the increased rental payments pursuant to Section 27.2. Tenant shall be ~~liable for~~entitled to no payment or offset for the value of any such property (even if sold by Landlord) and shall pay on demand all costs incurred by Landlord in connection with such removal or disposal. No retention, ~~and agrees~~ disposal or sale or such items shall limit remedies otherwise available to ~~hold~~ Landlord ~~harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers~~ hereunder for a breach by Tenant. All obligations of Tenant hereunder not fully performed as ~~a result~~ of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% termination or expiration of the ~~Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this~~ Lease shall ~~apply, except that Tenant shall not have any right to make any Alterations~~ survive such termination or ~~any Transfers, expand the Premises, or extend the Term~~expiration. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Standard Industrial Lease (Wornick CO Right Away Division, L.P.)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the a. Upon expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any perform each of the ~~Tenant FFE or~~ following: i. quit and surrender the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Leased Premises to Landlord in the same order, condition ~~required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms~~ and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration repair as of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom cleanCommencement Date, ordinary wear and tear excepted; and ii. remove from the Leased Premises all of Tenant's property and ~~casualty loss and condemnation covered~~ repair any damage caused by ~~Sections 15 and 16 excepted. At least 3 months prior~~ such removal. b. If Tenant fails to vacate the ~~surrender of the~~ Leased Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at upon the expiration or earlier termination of ~~the Term~~this Lease, ~~free from~~ Landlord may remove and/or store Tenant's property at Tenant's expense without liability to Tenant for any ~~residual impact from the~~ loss or damage thereto. If Tenant ~~HazMat Operations~~ does not claim and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf take delivery of any ~~Tenant Agent with respect to~~ of Tenant's property that remains on the ~~Premises, and~~ Leased Premises or in storage for more than twenty (ii20) ~~all Hazardous Materials used, stored, handled, treated, generated, released~~ days after the termination or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination expiration of this Lease, ~~free from~~ as well as pay Landlord all amounts due under this Lease, including costs of removal and storage, Landlord may sell all or any ~~residual impact from~~ portion of such property at a public or private sale after having given Tenant ~~HazMat Operations. Tenant shall reimburse Landlord~~ten (10) days prior written notice. c. Landlord may apply the proceeds of such sale to the costs of removal, ~~as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review~~ storage and ~~approve the Surrender Plan and to visit the Premises and verify satisfactory completion~~ sale of the ~~same~~property, ~~which cost~~ and then to payment of all amounts due Landlord under this Lease. Any amount remaining shall ~~not exceed $5,000. Landlord shall have the unrestricted right~~ be paid to ~~deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties~~Tenant upon Tenant's written demand, without interest. ~~(c) If Tenant remains in possession of~~ d. Notwithstanding the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c)foregoing, Tenant shall ~~have~~ retain all right, title and interest in the ~~one~~trade fixtures, furniture, equipment and non-~~time right to elect to extend~~ fixture personalty owned by Tenant, located on the ~~Term for a period~~ Leased Premises and used in the operation of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termits business. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Ansell Healthcare 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the Upon expiration or earlier termination of this Lease, ~~Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c)~~ except as provided below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord ~~free of Hazardous Materials brought upon~~in the “Normal Surrender Condition,” which for purposes hereof shall mean (i) in good order, ~~kept~~condition and repair, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary reasonable wear and tear and casualty ~~loss~~ damage excepted, (ii) with all Alterations and ~~condemnation covered~~ FF&E (including any upgrades made to the FF&E) in place and surrendered in good condition, subject, however, to the provisions of Section 6.1 and Section 6.2 with respect to the Removable Alterations that must be replaced or restored, and (iii) with all Units (Conventional Units and Surrendered Corporate Units) free of occupancy, wiped down and cleaned (but not repainted), with the floors of such Units broom-cleaned and vacuumed, and with all of Tenant’s Personal Property and trash and debris in such Units removed therefrom (and with all damage from such removal repaired), with the following exceptions: (A) Tenant shall not surrender possession of any Retained Corporate Units that are being leased by OCH as provided for in Article 19; (B) All Conventional Units which are subject to a Residential Lease with a third party Subtenant as of the Termination Date (collectively, the “Leased Conventional Units”), shall not be required to be vacated by such third party Subtenants, but shall be delivered to Landlord subject to the Residential Leases for the Leased Conventional Units, which leases, and the unapplied security deposits thereunder, will be assigned to Landlord pursuant to the Transfer Closing Procedures. Any such Leased Conventional Units shall be delivered to Landlord in their then “AS IS” condition (and not the Normal Surrender Condition) as of the Termination Date, subject, however to Tenant’s obligations to pay Landlord for its obligations to remove and restore or replace under Sections 15 6.1 and ~~16 excepted. At~~ 6.2, and without waiving any liability or responsibility on Tenant’s part for repair or maintenance of such Units that was the responsibility of Tenant to perform (i.e., Tenant shall not be responsible for damage caused by the third party Subtenants); and (C) With respect to any Conventional Unit which is vacant at least ~~3 months~~ five (5) days prior to the ~~surrender of the Premises~~Termination Date, Tenant ~~shall~~ shall, in addition to the placing such Conventional Unit in the Normal Surrender Condition, deliver such Conventional Unit to Landlord ~~a narrative description~~ in “Rent Ready Condition,” which for purposes hereof shall mean the Normal Surrender Condition, plus the painted walls of such Conventional Unit shall be repainted (if necessary) and the ~~actions proposed~~ existing carpets steam cleaned and/or shampooed (~~or required under any Law)~~ or, if necessary due to ~~be taken by~~ extraordinary wear and tear, replaced). Landlord and Tenant ~~in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at~~ agree that, upon the expiration or earlier termination of this Lease for whatever reason, any then existing Subtenants under the ~~Term, free from any residual impact from~~ Leased Conventional Units will automatically become direct tenants of the ~~Tenant HazMat Operations and otherwise released or unrestricted use and occupancy~~ Landlord (~~“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or~~ but without liability on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s ~~environmental consultant. In connection with~~ part for pre-termination liabilities on the ~~review and approval~~ part of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”landlord thereunder), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant ~~shall be liable for~~will transfer to Landlord any security deposits received by the Tenant from, and ~~agrees to hold Landlord harmless from and against~~returnable to, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any ~~claims made by any succeeding tenant based on~~ such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermSubtenants. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Residential Master Lease (Archstone Smith Trust)

Surrender. ~~(a)~~ On the ~~date~~ last day of the term demised or on ~~which this Lease expires or terminates~~the sooner termination thereof, Tenant shall ~~return possession of~~ peaceably surrender the ~~Premises to Landlord~~ leased premises in good ~~condition~~order, ~~except for ordinary wear~~ condition and ~~tear~~repair, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom broom-clean, ~~ordinary~~ reasonable wear and tear and casualty loss ~~and condemnation covered by Sections 15 and 16~~ only excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before ~~such surrender~~the last day of the term or the sooner termination thereof, Tenant shall, at its expense, remove its trade fixtures, personal property and equipment and signs from the leased premises and any property not removed shall ~~deliver to Landlord evidence that~~ be deemed abandoned. Any damage caused by Tenant in the ~~approved Surrender Plan~~ removal of such items shall be repaired by and at Tenant's expense. All alterations, additions, improvements and fixtures (other than Tenant's trade fixtures and equipment) which shall have been ~~satisfactorily completed~~ made or installed by either Landlord or Tenant upon the leased premises and ~~Landlord~~ all flooring shall ~~have~~ remain upon and be surrendered with the ~~right~~leased premises as a part thereof, ~~subject to reimbursement~~ without disturbance, molestation or injury, and without charge, at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this ~~Lease~~ Lease; provided, however, that Tenant may remove and relocate any heating, ventilating, air conditioning, air handling and other mechanical equipment (~~“Holdover”)~~whether or not such equipment constitutes a "fixture" under applicable law) that was installed by Tenant at Tenant's expense, provided that Tenant shall repair any roof penetrations or other damages (other than normal wear and tear) that directly result from such removal. If the leased premises be so surrendered at the end of the term or the sooner termination thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the leased premises, including, without ~~the written consent of Landlord~~limitation, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant ~~based~~ founded on such delay. ~~Notwithstanding anything to the contrary set forth in this Section 21(c),~~ Tenant shall ~~have~~ promptly surrender all keys for the ~~one-time right to elect to extend the Term for a period of three (3) months upon providing~~ leased premises to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the ~~last month~~ place then fixed for payment of rent and shall inform Landlord of combinations of any locks and safes on the ~~Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term~~leased premises. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Atmi 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or ~~earlier~~ 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 Premises all Tenant’s personal property, Trade Fixtures and Alterations that Tenant ~~Improvements (subject~~ has the right or is required by Landlord to ~~Section 29(c) below), Alterations (subject to Section 12(a) above),~~ remove under the ~~Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)~~provisions of this Lease, and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage ~~resulting from any and all~~ caused by such removal. If such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property is not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at completed before the expiration or ~~earlier~~ termination of the Term, ~~free~~ Landlord shall have the right (but no obligation) to remove the same, and 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 ~~any residual impact from the Tenant HazMat Operations~~ Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and ~~otherwise released or unrestricted use and occupancy (“Surrender Plans”~~vest in Landlord). ~~Such Surrender Plan shall be accompanied by a current listing of (i)~~ Tenant waives all ~~Hazardous Materials licenses and permits held by~~ Claims against Landlord for any damage or ~~on behalf~~ 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 ~~Agent with respect~~ shall surrender all keys to the ~~Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released~~ Premises or ~~disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval~~ any other part of the ~~Surrender Plan, upon the request of Landlord, Tenant~~ Building and shall deliver to Landlord all keys for or ~~its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver~~ make known to Landlord ~~evidence~~ the combination of locks on all safes, cabinets and vaults that may be located in the ~~approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at~~ Premises. Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of obligations under this ~~Lease, free from any residual impact from Tenant HazMat Operations. Tenant~~ Section shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after survive the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermLease. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Sub Sublease Agreement (Enernoc Inc)

Surrender. ~~(a)~~ On the ~~date on which~~ Term Expiration Date (or earlier termination of this ~~Lease expires or terminates~~Lease), Tenant shall ~~return~~ quit and surrender possession of the Premises to Landlord in as good ~~condition~~order and condition as they were in on the Term Commencement Date, ~~except for ordinary~~ reasonable wear and tear, taking by condemnation and ~~except for casualty~~ repairs which are Land▇▇▇▇'▇ ▇esponsibility under Section 7.6 herein excepted. Reasonable wear and 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. ~~Notwithstanding anything~~ Tenant shall also surrender to Landlord such Alterations as Tenant is required or entitled to leave pursuant to Section 5.6 herein. Tenant shall remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Premises, and shall repair any damage to the ~~contrary contained~~ Premises resulting from such removal and restore the Premises to their original condition, with all interior walls cleaned, all interior painted surfaces repainted in ~~this Lease~~the original color, all holes in walls repaired, all carpets shampooed and cleaned, all HVAC equipment in good condition and repair reasonable wear and tear excepted, and ~~subject to~~ all floors cleaned and waxed. Any furniture, equipment, trade fixtures or other personal property not removed by Tenant by the ~~terms of this Section 21(a), prior to the expiration~~ Term Expiration Date (or earlier termination of this Lease~~, Tenant~~ ) shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)be considered abandoned, and ~~its FFE, partitions,~~ Landlord may remove any or all of such items and ~~all other personal property installed by Tenant~~ dispose of same in any lawful manner or ~~its assignees~~ store same in a public warehouse or ~~subtenants~~elsewhere for the account and at the expense and risk of Tenant. Tenant shall ~~also cap~~ be liable for the costs of removal and storage of any furniture, equipment, trade fixtures or ~~terminate all telephone~~other personal property, ~~computer and data connections at service entry panels in accordance with all applicable Laws. With respect to~~ the ~~Generator, or~~ costs of removal of any ~~Tenant Improvements or Alterations~~ alterations which Tenant is ~~otherwise~~ required to remove hereunder, and any other reasonable loss, cost, damage, liability or expense incurred by Landlord ~~agrees that Tenant shall be required~~ arising from Tenant's failure to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore timely surrender the Premises ~~to good order and the condition existing prior to Tenant’s installation~~ in compliance with this Section. The obligations of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this ~~Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant~~ Section shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at survive the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early sooner termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Triple Net Building Lease (Apbiotech)

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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, ~~free~~ Tenant shall quit and surrender to Landlord the Building and/or Demised Premises in compliance with all governmental regulations as mentioned herein, broom clean and in good order, in the same condition as of the Commencement Date excepting ordinary wear and tear to painted surfaces and floor coverings, and damage by insured casualty. For purposes of clarification, and not limitation, Tenant’s deferral of routine maintenance or failure to make repairs and any condition to of the Demised Premises which was affected by Tenant’s ordinary business operations, such as, but not limited to, accumulations of grease or dust on walls, ceilings, floors or HVAC equipment, discoloration, staining, pitting or spalling of concrete floor surfaces, damage to walls, columns, bollards or doors or door frames/rails from ~~any residual impact~~ materials moving equipment such as fork lifts, failure to remove cabling or controls such as, but not limited to, alarm panels, and damage to asphalt parking areas from excessive weight of vehicle or improper use of trailer dollies, shall not constitute ordinary wear and tear. In addition, notwithstanding an exception for reasonable wear and tear, Tenant agrees upon termination of the Lease, the air-conditioning, cooling systems, heating equipment and plumbing and electrical systems shall be in good, operable condition, all light fixtures and bulbs shall be operable, cleaned and in good working order, and the condition of the Building and/or Demised Premises shall be in such a condition upon surrender as though the Tenant ~~HazMat Operations~~ made all repairs and ~~otherwise released~~ replacements as were necessary during the Term and was continuing the operation of its business at the Demised Premises. If requested by Tenant, Landlord shall advise Tenant as to the repairs and restoration to be undertaken by Tenant prior to the expiration of the Term. Tenant shall remove all personal property of Tenant, and repair any damage done by the installation or ~~unrestricted use and occupancy (“Surrender Plans”)~~removal of same, as directed by Landlord. ~~Such Surrender Plan~~ Further, Tenant shall ~~be accompanied by a current listing of~~ remove (i) all ~~Hazardous Materials licenses~~ its signage from the walls and ~~permits held by~~ doors of the Building and/or Demised Premises and shall restore such walls or ~~on behalf of any Tenant Agent with respect~~ doors to the ~~Premises, and~~ condition they were in prior to the installation of Tenant’s signage (ii) all ~~Hazardous Materials used~~cable and/or wiring abandoned or to be abandoned by Tenant within the Demised Premises as necessary to comply with current code, ~~stored~~rule or regulation, ~~handled, treated, generated, released or disposed of~~ (iii) all debris from the Building and Demised Premises including the cleaning up of the dumpster area(s) and loading dock areas, and (iv) all dumpsters or garbage containers. If the Building and/or Demised Premises is not surrendered in the condition required under this Section, Tenant shall be deemed to be a holdover, without regard to whether or not Tenant is in physical possession or occupancy of all or part of the Demised Premises, and in addition Tenant shall indemnify and defend Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Demised Premises, including, without limitation, any claims made by any succeeding occupant founded on such delay. (b) Unless sooner terminated, during the last six (6) months of the Term Landlord will inspect the Building and/or Demised Premises and advise Tenant of the work required to place the Building and/or Demised Premises in condition for surrender pursuant to the terms of this Section. Landlord’s advice shall be subject to circumstances or events occurring between the ~~review and approval of Landlord’s environmental consultant. In connection with the review and approval~~ date of the ~~Surrender Plan, upon~~ inspection and the ~~request~~ date of ~~Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such~~ surrender, ~~Tenant shall deliver~~ as to which Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third partiesreserves all rights. (c) If Tenant ~~remains in possession~~ fails to surrender the Building and/or Demised Premises as required by this Section, Landlord may, at its option, make any repairs or take other actions so as to perform the obligations of Tenant and the ~~Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises~~ costs and expenses shall be ~~that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject~~ reimbursed to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment Landlord 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~~upon demand. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstandingAdditionally, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers if as a result of the ~~Holdover~~fact that Tenant does not surrender the Building and/or Demised Premises in the condition required by this Section, ~~including any claims made~~ work is required to be performed, whether by ~~any succeeding tenant based on such delay. Notwithstanding anything to~~ Tenant or Landlord, following the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month expiration or earlier termination of the Term, ~~and all of the other terms of provisions of this Lease shall apply, except that~~ Tenant shall ~~not have any right~~ be deemed to ~~make any Alterations or any Transfers, expand the Premises, or extend the Term~~be a holdover tenant and shall be liable to Landlord for payment of holdover rent as provided in this Lease. (d) ~~During~~ All such remedies of Landlord, and the ~~last ninety (90) days prior to the Expiration Date~~remedies provided for in Section 15.2, ~~if Tenant has vacated the Premises~~shall be cumulative, and in addition, Landlord may ~~decorate, remodel, repair, alter~~ pursue any other remedies that may be permitted by law or ~~otherwise prepare~~ in equity. Forbearance or an election by Landlord to enforce one or more of the ~~Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations~~ remedies herein provided upon an event of default shall not ~~apply~~ be deemed or construed to constitute an election of remedies, a waiver of any ~~acts, omissions~~ other remedy which may be available or ~~events within~~ a waiver of such default. Tenant's obligations under this Section shall survive the ~~Premises that arise on and after Landlord’s entry for such purposes~~expiration or earlier termination of the Lease.

Appears in 1 contract

Sources: Lease (R F Industries LTD)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (~~“Holdover”~~including, without limitation, any contraction under Section 1.5 or Section 1.8), ~~without the written consent of Landlord, T▇▇▇▇▇’s occupancy of~~ Tenant shall surrender the Premises ~~shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject~~ and all Tenant Improvements and Alterations to ~~the provisions of this Lease (unless clearly inapplicable)~~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 the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable prior to ~~such a tenancy at sufferance. No Holdover or payment by Tenant after~~ the expiration or termination of this ~~Lease~~ Lease, Tenant, at its sole cost and expense, shall ~~operate to extend the Term or prevent Landlord from immediate recovery of possession~~ remove all of the ~~Premises~~ following and repair any damage caused to the Premises, the Building or the Property caused by ~~summary proceedings or otherwise. Nothing contained herein shall be deemed~~ such removal: (i) all telephone and other cabling installed in the Building by Tenant; (ii) all of Tenant’s personal property and Trade Fixtures; and (iii) all Alterations that Landlord has elected to ~~authorize~~ require Tenant to ~~remain~~ remove as provided in ~~occupancy of~~ Article 6 (Tenant Improvements & Alterations). In addition, if Landlord has allowed Tenant to install any internal stairways in the Premises ~~after~~ (and this sentence shall not be construed as Landlord’s approval of such work), then Tenant, at its sole cost and expense, must remove such stairways, repair all damage caused by their removal, and restore the ~~Expiration Date~~ affected area to its former condition. If such removal is not completed before the expiration or ~~sooner~~ termination of the Term~~. Any provision in this Lease~~ , Landlord shall have the right (but no obligation) to remove the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Defaultsame, and Tenant shall ~~be liable for,~~ pay Landlord on demand for all costs of removal and ~~agrees to hold Landlord harmless from~~ storage thereof and ~~against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result~~ for the rental value of the ~~Holdover~~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 written notice from Landlord (in which event title to all such property described in Landlord’s notice shall be forfeited to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, ~~including~~ storage, retention, or disposition of any ~~claims made by any succeeding tenant based on~~ such ~~delay~~property. ~~Notwithstanding anything to the contrary set forth in~~ Upon expiration or termination of this ~~Section 21(c)~~Lease or of Tenant’s possession, whichever is earliest, Tenant shall ~~have~~ surrender all keys to the ~~one-time right to elect to extend~~ Premises (and any other part of the ~~Term~~ Property for ~~a period of three (3~~which Tenant has keys) ~~months upon providing~~ and shall deliver to Landlord ~~notice~~ all keys for or make known to Landlord the combination of ~~such election at least nine (9) months prior~~ locks on all safes, cabinets and vaults that may be located in the Premises. The delivery of keys to the ~~Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent~~ Premises to Landlord or any agent or employee of Landlord shall ~~be equal to 150%~~ not constitute a surrender of the ~~Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions~~ Premises or effect a termination of this ~~Lease shall apply~~Lease, ~~except that Tenant shall~~ whether or not ~~have any right to make any Alterations or any Transfers, expand~~ the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting keys me retained by Landlord. Tenant’s ~~obligation to pay Rent for~~ obligations under this Section shall survive the ~~Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions~~ expiration or ~~events within the Premises that arise on and after Landlord’s entry for such purposes~~termination of this Lease.

Appears in 1 contract

Sources: Sublease (Gymboree Corp)

Surrender. Upon a Termination, Tenant shall (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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord (i) in good condition and repair, broom clean, ordinary wear and tear and Casualty and Takings (as defined in by Sections 18.1 and 18.2 of this Lease) only excepted, subject to any Alterations permitted by Landlord to remain in the Premises and otherwise in accordance with Section 12.5. (ii) free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated at or in, or released or disposed of from, the Premises by any Person other than Landlord or Landlord’s officers, directors, employees, partners, affiliates, managers, agents, invitees and contractors (collectively, ~~“Tenant HazMat Operations”~~"Landlord Parties"), (in) ~~and released of all Hazardous Materials Clearances,~~ broom clean, ordinary wear and tear and ~~casualty loss~~ Casualty and ~~condemnation covered by Sections 15~~ Takings excepted, and ~~16 excepted~~(b) remove or cause to be removed all Tenant Property and debris and rubbish from the Premises at Tenant’s sole cost and expense. ~~At least 3 months prior to the surrender of the Premises~~Upon a Termination, Tenant shall ~~deliver~~ immediately return to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all ~~Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect~~ keys and/or access cards to the Premises, the Project, Common Areas, Parking Areas and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval any other portion of the ~~Surrender Plan, upon the request of Landlord~~Project furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall ~~deliver~~ pay to ~~Landlord~~ Landlord, at Landlord's election, (A) the cost of replacing such lost card or ~~its consultant~~ key, (B) the cost of reprogramming the security system in which such ~~additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request~~lost card was used, and/or (C) the cost of changing the locks opened by such lost key. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at All of Tenant’s ~~expense~~ Property or other property not removed by ▇▇▇▇▇▇ as ~~set forth below~~and when required hereunder shall be deemed abandoned if Tenant fails to remove the same within five Business Days after Notice from Landlord, ~~to cause Landlord’s environmental consultant to inspect the Premises~~ and ~~perform such additional procedures as~~ may be ~~deemed reasonably necessary to confirm that the Premises are~~stored, as removed, and disposed of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord at ▇▇▇▇▇▇'s expense, and Tenant waives all claims against Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by Lall damages resulting from ▇▇▇▇▇▇▇~~’s environmental consultant with respect to the surrender~~ ▇'s retention i and/or disposition of ~~the Premises to third parties. (c) If~~ such property. All obligations of Tenant ~~remains in possession of the Premises or any part thereof after the expiration or termination of~~ under this Lease ~~(“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that~~ not fully performed as of a ~~tenancy at sufferance. Tenant’s occupancy during any Holdover period~~ Termination shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to survive such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermTermination. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease

Surrender. ~~(a) On~~ At or before the ~~date on which this Lease expires or terminates, Tenant shall return possession~~ end of the ~~Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage~~ Term or ~~other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to~~ the ~~contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or~~ earlier termination of ~~this Lease~~Tenant’s right to possession, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), will vacate and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return surrender possession of the Premises to Landlord in the condition ~~required under~~ this ~~Lease~~Lease requires Tenant will, ~~Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with~~ before the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration end of the Term or ~~earlier termination of~~ Tenant’s right to possession: (i) remove and properly dispose of ~~possession~~all removable equipment, inventory, furniture, furnishings, and any other personal property, garbage, or waste from the Premises and leave the Premises broom clean; (ii) remove all telecommunications equipment, including satellite dishes and wiring and cabling, that any Tenant Party has installed in or about the Premises, in accordance with Law; (iii) remove any part of any Alterations other than the Tenant Improvements that Landlord requires Tenant to remove in accordance with this Lease; and (iv) except to the extent Landlord gives Tenant express written notice that relieves Tenant of the obligation to do so, Tenant ~~shall surrender~~ must put the ~~Premises~~ Premises, including the HVAC and other building systems, in good working order, subject only to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary reasonable wear and tear and casualty ~~loss~~ or condemnation damage. For the purposes of the preceding sentence, “reasonable wear and ~~condemnation covered~~ tear” does not include any damage or deterioration that Tenant could have prevented by ~~Sections 15~~ good maintenance and ~~16 excepted~~repair practice or that Tenant could otherwise have avoided by fully complying with its obligations under this Lease. At ~~least 3~~ any time during or after the last 9 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, ~~free from any residual impact from the~~ Tenant ~~HazMat Operations~~ will, at Landlord’s request, deliver to Landlord copies of all: (1) surveys, plans, drawings and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect specifications that relate to the Premises, including the Tenant Improvements and any other Alterations; (2) records relating to the generation, transporting, storing, treating, or disposing of any Hazardous Materials from the Premises during the Term; (3) engineering reports, inspection reports, maintenance logs, inspection reports, and other information that relates to the maintenance, repair, and replacement of the HVAC system and other building systems in the Premises; and (ii4) ~~all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from~~ warranties and guarantees that cover the ~~Premises,~~ Tenant Improvements and ~~shall be subject to the review and approval of Landlord’s environmental consultant~~any other Alterations. In ~~connection with the review and approval of the Surrender Plan~~addition, ~~upon the request of Landlord, Tenant shall deliver to~~ Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have has the right, ~~subject to reimbursement at~~ in anticipation of the end of the Term or Tenant’s ~~expense as set forth below~~right to possession, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of enter the Premises to ~~third parties. (c)~~ inspect and test the HVAC and other building systems in the Premises. Tenant will repair any damage that results from removing any Alterations, trade fixtures, and personal property and restore the affected areas to a condition as good as their condition on the date Tenant took possession. Tenant will perform all such removals and repairs in a first-class, good, and workmanlike manner. If ~~Tenant remains in possession of~~ the Premises ~~or any part thereof after~~ are not in the ~~expiration or termination of~~ condition this Lease ~~(“Holdover”)~~requires when Tenant surrenders possession, ~~without~~ Tenant will, within 10 days after demand, pay Landlord the ~~written consent~~ reasonable cost of ~~Landlord, T▇▇▇▇▇’s occupancy of~~ all work required to put the Premises ~~shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to~~ in the ~~provisions of~~ condition this Lease ~~(unless clearly inapplicable)~~requires, ~~except that the Monthly Rent shall be one hundred seventy-five percent (175%)~~ regardless of ~~the Monthly Rent payable for the last full month immediately preceding the Holdover~~whether Landlord actually performs any or all of such work, plus ~~all~~ any other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that damages Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposesdefault.

Appears in 1 contract

Sources: Lease Agreement (ServiceNow, 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or ~~earlier~~ termination of this Lease, Tenant shall ~~remove from~~ surrender the Premises and all Tenant Improvements ~~(subject~~ and Alterations to ~~Section 29(c) below)~~Landlord broom-clean and in their original condition, ~~Alterations (subject to Section 12(a) above)~~except for reasonable wear and tear, ~~the Satellite System (subject to Section 7(e) above)~~damage from casualty or condemnation and any changes resulting from approved Alterations; provided, ~~the Building Mounted Sign (subject to Section 11(b) above)~~however, and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that ~~Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months~~ prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease Tenant shall, at Landlord’s request, remove all telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant’s personal property and any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal; provided, however, that Tenant shall not be required to remove (~~“Holdover”~~i) any portion of the Tenant Improvements (except for wiring and cabling), ~~without~~ subject to the ~~written consent~~ terms and conditions of ~~Landlord~~Section 6.1 above; (ii) Standard Office Improvements, ~~T▇▇▇▇▇’s occupancy~~ (iii) the vault located in Suite 100 of the Premises as of the date of this Lease and the vault located in Suite 150 of the Premises as of the date of this Lease, (iv) the two (2) above-grid air conditioning units in the second (2nd) floor computer room, (v) the private elevator servicing between the first (1st) and second (2nd) floors of the Premises, and (vi) the air conditioning unit in the electrical room of Suite 150. In any event, and notwithstanding anything to the contrary contained herein, unless otherwise notified in writing by Landlord, Tenant shall remove any signage installed by or on behalf of Tenant pursuant to this Lease or the Existing Leases, any supplemental heating, ventilating and air conditioning unit servicing the Premises and installed therein as of the date of this Lease, the existing night depository and Tenant’s Security System. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and 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 ~~of a tenancy at sufferance~~may be located in the Premises. Tenant’s ~~occupancy during any Holdover period~~ obligations under this Section shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after survive 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. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermLease. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Bridge Capital Holdings)

Surrender. ~~(a) On the date on which this Lease expires or terminates,~~ Tenant ~~shall return~~ covenants and agrees to surrender possession of the Premises ~~to Landlord~~ upon termination of this Lease (whether by termination, expiration or otherwise) in as good ~~condition~~condition as on the Commencement Date (or in the case of improvements or alterations made or fixtures installed subsequent thereto, ~~except for ordinary~~ then as of the date such improvements, alterations, or fixtures were made or installed), reasonable wear and tear, and ~~except for~~ damage from casualty ~~damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to~~ as described in Article 11 which results in the ~~contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier~~ termination of this ~~Lease~~Lease and repairs which are the responsibility of the Authority, ~~Tenant~~ excepted. No act or thing done by the Authority during the Term shall ~~remove from~~ be deemed an acceptance of a surrender of the Premises ~~all~~ and no agreement to accept such surrender shall be valid, unless in writing signed by the Authority. The delivery of keys to any employee of the Authority or of the Authority’s agents shall not operate as a termination of this Lease or a surrender of the Premises. If upon such termination Tenant ~~Improvements (subject~~ fails to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other remove any personal property ~~installed by Tenant~~ or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations trade fixtures (which Tenant is ~~otherwise required~~ allowed under the terms hereof to ~~remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3~~remove) ~~months prior to~~ on or before the Expiration Date, ~~unless this Lease is terminated following an Event~~ the Authority may, but without the obligation to do so, remove said personal property or trade fixtures and hold it for the owners thereof or may place the same in a public warehouse, all at the expense and risk of ~~Default in which case no notice shall be required~~the owners thereof. Tenant shall ~~repair~~ reimburse the Authority for any ~~damage resulting~~ reasonable expense incurred by the Authority in connection with such removal and storage. Tenant shall indemnify, release and hold harmless the Authority from any and all ~~such~~ damage, costs and expenses related to said removal ~~and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements~~ or ~~Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease~~storage. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of fromIn addition, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord Authority shall have the right, ~~subject to reimbursement at Tenant’s expense as set forth below~~but not the obligation, to ~~cause Landlord’s environmental consultant~~ dispose of such property as waste or sell such stored property and the proceeds of such sale shall be applied, first, to ~~inspect~~ the ~~Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as~~ cost of the ~~effective date~~ sale, second, to the payment of charges for storage and removal, third, to the payment of Rent, Additional Rent or any other obligation which may then be due from Tenant to the Authority and the balance, if any, shall be retained by the Authority. In the event the expenses of such ~~surrender or early termination~~ removal, storage, disposal and sale shall exceed the proceeds of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c)sale, Tenant shall ~~have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of~~ pay such ~~election at least nine (9) months prior~~ excess to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermAuthority upon demand. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Office Space 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this ~~Lease~~Lease for any reason, it is Tenant's obligation to surrender the Premises to Landlord in its condition existing as of the Commencement Date, normal wear and tear and damage by fire or other casualty excepted (the "Required Condition"). Except for the removal of Tenant's personal property and trade fixtures, which Tenant shall remove ~~from~~ at its sole expense, Landlord shall perform, at the ~~Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above)~~cost and expense of Tenant, the ~~Satellite System (subject~~ work necessary to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to the Required Condition. Tenant shall pay the cost of performing the work necessary to restore the Premises to the Required Condition, together with a construction management fee equal to five percent (5%) of such costs and interest at the Interest Rate from the date of expenditure by Landlord, within ten (10) business days after receiving Landlord's invoice for such work. (b) Restoring the Premises to the Required Condition shall include but not be limited to the following: all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, all floors cleaned and waxed and, if Tenant has performed any alterations which Landlord does not elect to retain the removal of such alterations and the restoration of the Premises to its condition ~~existing~~ prior to ~~Tenant’s installation~~ their installation. To the extent the cost of ~~any Tenant Improvements or Alterations~~ restoring the ~~Satellite System, or~~ Premises to the ~~Building Mounted Sign required~~ Required Condition is increased due to ~~be removed pursuant~~ Landlord's failure to maintain the Premises in accordance with the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall ~~pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also~~ not be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant responsible for such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third partiesexcess cost. (c) If Tenant ~~remains in possession of the Premises or~~ fails to remove any ~~part thereof~~ personal property, and such failure continues after the ~~expiration or~~ termination of this ~~Lease (“Holdover”)~~Lease, ~~without the written consent~~ Landlord may retain or dispose of ~~Landlord~~such property and all rights of Tenant with respect to it shall cease, ~~T▇▇▇▇▇’s occupancy~~ or Landlord may place all or any portion of ~~the Premises shall be that of a tenancy at sufferance~~such property in public storage for Tenant's account. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord ~~notice~~ for all costs of removal of Tenant's personal property and storage and transportation costs of same, together with a construction management fee equal to five percent (5%) of such ~~election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable~~ costs and interest at the ~~last month~~ Interest Rate from the date of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termexpenditure by Landlord. (d) ~~During~~ If the ~~last ninety (90) days prior to~~ Premises are not surrendered at the ~~Expiration Date~~termination of this Lease in accordance with this Section 16, if Tenant ~~has vacated~~ shall indemnify Landlord against all loss or liability, including attorneys' fees and costs, resulting from delay by Tenant in so surrendering the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Loudcloud Inc)

Surrender. ~~(a) On the date on which this Lease expires or terminates, Tenant~~ The LESSEE 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to at the expiration or ~~earlier~~ other termination of this ~~Lease, Tenant shall remove from~~ Lease peaceably give up and surrender the Leased Premises ~~all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above)~~without the requirement of any notice. Further, the ~~Satellite System (subject to Section 7(e) above)~~LESSEE shall surrender carpeting, ~~the Building Mounted Sign (subject to Section 11(b) above)~~any electrical meters, ~~and its FFE, partitions~~alarm systems, and all ~~other personal property installed by Tenant~~ fixtures and work (including partitions) in any way built-in or ~~its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect~~ otherwise attached to the ~~Generator~~Leased Premises, ~~or any Tenant Improvements or Alterations Tenant is otherwise required~~ as property of LESSOR, except such trade fixtures and work LESSOR shall direct LESSEE to remove ~~hereunder~~or which LESSEE may remove without causing damages, ~~Landlord agrees that Tenant~~ losses, claims or injuries to persons or property. LESSEE shall ~~be required~~ restore and repair all damages, losses, and injuries to ~~remove~~ persons and property including the ~~same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date~~Premises, ~~unless this Lease is terminated following an Event of Default in which case no notice~~ and LESSEE shall ~~be required. Tenant shall repair any damage resulting~~ indemnify, save and hold LESSOR harmless from any and all ~~such~~ losses, claims, liabilities, damages, injuries to persons or property, real or personal, and expenses arising from any removal of personal property; which sums shall be paid by LESSEE as Additional Rent. LESSEE shall remove all LESSEE’S good and effects from the Leased Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises). LESSEE shall ~~restore~~ deliver to the LESSOR the Leased Premises to in a good ~~order~~ and ~~the~~ broom clean condition ~~existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System,~~ (ready for future occupancy or the ~~Building Mounted Sign required~~ next Lessee), shall deliver all keys and locks thereto and other fixtures connected therewith and all alterations and additions made to ~~be removed pursuant to~~ or upon the ~~terms of this Lease. Any of the Tenant FFE~~ Leased Premises, damage by fire or ~~the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein shall be deemed abandoned,~~ other casualty 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary reasonable wear and tear ~~and casualty loss and condemnation covered by Sections 15 and 16~~ only excepted. ~~At least 3 months prior to~~ In the ~~surrender~~ event of the ~~Premises, Tenant shall deliver~~ LESSEE’S failure to ~~Landlord a narrative description~~ remove any of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of LESSEE’S property from the Premises, LESSOR is hereby authorized without the liability to LESSEE for loss and ~~shall be subject~~ damage thereto, and at the sole risk of LESSEE, to ~~the review~~ remove and ~~approval of Landlord’s environmental consultant. In connection with the review and approval~~ store any of the ~~Surrender Plan~~property at LESSEE’S expense, ~~upon the request of Landlord, Tenant shall deliver~~ or to ~~Landlord~~ retain same under LESSOR’S control or ~~its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On~~ to sell at public or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”)private sale, without ~~the written consent~~ notice of ~~Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during~~ any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the ~~remedies available~~ property not so removed and to ~~Landlord upon an Event~~ apply the net proceeds of ~~Default~~such sale to the payment of any sum due hereunder, or to destroy such property. If the LESSEE fails to surrender, vacate and ~~Tenant~~ deliver-up the Premises either after a default, agreement, judgment for possession or at the Lease Termination Date then LESSEE shall ~~be liable for,~~ pay LESSOR Rent equal to one and ~~agrees to hold Landlord harmless from and against,~~ half (1 1⁄2) times the Rent in effect at the time of the holdover until the date that LESSEE completely vacates the Premises together with all ~~liabilities, obligations, damages, penalties, claims,~~ costs, ~~charges and~~ expenses, ~~including~~ consequential damages and reasonable attorneys’ fees ~~and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made~~ incurred by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermLESSOR. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Spring Bank Pharmaceuticals, Inc.)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or ~~earlier~~ termination of this Lease, Tenant shall ~~remove from~~ surrender the Premises and all Tenant Improvements ~~(subject~~ and Alterations to ~~Section 29(c) below)~~Landlord broom-clean and in their original condition, ~~Alterations (subject to Section 12(a) above)~~except for reasonable wear and tear, ~~the Satellite System (subject to Section 7(e) above)~~damage from casualty or condemnation and any changes resulting from approved Alterations; provided, ~~the Building Mounted Sign (subject to Section 11(b) above)~~however, and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that ~~Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months~~ prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease Tenant shall remove all telephone and data communications wiring installed in the Building by Tenant in excess of a total of three (~~“Holdover”)~~3) such connections (in combination but not in the aggregate) for each work station, ~~without the written consent of Landlord, T▇▇▇▇▇’s occupancy of~~ and remove from the Premises ~~shall be~~ all Tenant's personal property, Trade Fixtures and Alterations that ~~of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject~~ Tenant has the right or is required by Landlord to remove under the provisions of this ~~Lease~~ Lease, and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (~~unless clearly inapplicable)~~but no obligation) to remove the same, ~~except that~~ and Tenant shall pay Landlord on demand for all reasonable costs of removal and storage thereof (which storage may occur in the ~~Monthly Rent~~ Premises or in some other portion of the Building or Project) 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 written notice from Landlord (in which event title to all such property described in Landlord's notice shall be ~~one hundred seventy-five percent (175%)~~ transferred to and vest in Landlord). Landlord shall submit a final ▇▇▇▇ to Tenant for any rental value of the ~~Monthly Rent payable~~ Premises or other costs of transport, storage and disposal of Tenant's Personal property, Trade Fixtures and Alterations which Tenant has failed to remove from the Premises as and when required hereunder within thirty (30) days of Landlord's final disposition of all items thereof, whether by sale or other disposal by Landlord or by Tenant's retrieval. 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 and access cards to the ~~last full month immediately preceding~~ Premises or any other part of the ~~Holdover~~Building and shall deliver to Landlord all keys for or make known to Landlord the combination of locks on all safes, ~~plus all other charges payable hereunder,~~ cabinets and ~~upon all~~ vaults that may be located in the ~~terms hereof applicable to such a tenancy at sufferance~~Premises. ~~No Holdover or payment by Tenant after~~ Tenant's obligations under this Section shall survive the expiration or termination of this Lease ~~shall operate~~ except with respect to ~~extend~~ the ~~Term or prevent Landlord~~ rights and obligations of Tenant under this Section to remove items from ~~immediate recovery of possession of~~ the Premises ~~by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize~~ and the obligations of Tenant to ~~remain in occupancy of~~ repair and restore any damage to the Premises ~~after the Expiration Date or sooner termination~~ caused by such removal and surrender of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, ~~or extend~~ in which case any claim by Landlord for costs incurred in removing such personal property and/or repairing such damages to the ~~Term.~~ Premises shall survive the expiration of the Term only to the extent written notice of Landlord's claim for a specific item is delivered to Tenant prior to sixty (~~d) During the last ninety (90~~60) days ~~prior~~ after Tenant delivers written notice to ~~the Expiration Date, if~~ Landlord that Tenant has fully and completely vacated and surrendered the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Riddell Sports Inc)

Surrender. Tenant agrees it may not voluntarily surrender possession of the premises before the end of the term of this Lease without Landlord’s express written consent and acceptance of possession. Tenant agrees to return exclusive possession of the premises to Landlord when the term expires or this Lease or Tenant’s right to possession is terminated, in the following condition: (a) On with all telecommunications equipment and cabling removed in accordance with law; (b) with all alterations it has made to the ~~date on which this Lease expires or terminates, Tenant shall return possession~~ premises without Landlord’s consent in violation of ~~the Premises to Landlord~~ section 14 removed and any resulting damage repaired; (c) in good ~~condition~~order and repair, ~~except for ordinary~~ including with all building systems and equipment that serve only the premises in good working order, subject only to reasonable wear and ~~tear,~~ tear and ~~except for~~ casualty damage; (d) free of all personal property and garbage and broom clean; and (e) with all damage ~~or other conditions that~~ from its removals and moving out repaired. Landlord agrees Tenant is not required to ~~remedy under this Lease~~remove the initial tenant improvements. ~~Notwithstanding anything~~ Tenant agrees to deliver to Landlord, when it returns possession of the premises to Landlord: (1) all keys, key cards, key card systems, and security codes and devices for the premises; (2) originals or copies of all existing plans, drawings, and specifications for any alterations Tenant has made to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three premises; (3) ~~months prior to the Expiration Date, unless this Lease is terminated following an Event~~ originals or copies of ~~Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and~~ all ~~such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation~~ of its records of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kepthazardous substances generated, used, stored, ~~handled,~~ treated, ~~generated in~~released, ~~or released~~ or disposed of ~~from,~~ in or from the ~~Premises~~ premises during the term; (~~collectively, “Tenant HazMat Operations”~~4) ~~and released~~ originals or copies of all ~~Hazardous Materials Clearances~~engineering reports, ~~broom clean~~inspection reports, ~~ordinary wear~~ maintenance logs, inspection reports, and ~~tear~~ other records on the maintenance, repair, and ~~casualty loss~~ replacement of the HVAC system and ~~condemnation covered by Sections 15~~ other building systems Tenant received or kept; and ~~16 excepted. At least 3 months prior~~ (5) any warranties and guarantees that cover any alterations Tenant has made to the ~~surrender of the Premises, Tenant shall deliver~~ premises. If Landlord conditioned its consent to ~~Landlord a narrative description of the actions proposed (or required under~~ any ~~Law) to be taken~~ alterations by Tenant ~~in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact~~ on Tenant removing them from the premises before the term ends, Landlord may, in its sole discretion, either require Tenant ~~HazMat Operations~~ to remove the alterations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to restore the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement affected areas at Tenant’s ~~expense as set forth below~~sole cost, or require Tenant to ~~cause~~ pay Landlord~~’s environmental consultant to inspect~~ , on the ~~Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as~~ last day of the ~~effective date~~ term or the day Tenant’s right to possession ends, the reasonable cost of removing the alterations and restoring the affected areas, regardless of whether Landlord actually removes or restores the alterations. If the premises are not in the condition this Lease requires when Tenant surrenders possession, Tenant agrees to pay Landlord, within 10 days after demand, the reasonable cost of putting the premises into the condition this Lease requires, regardless of whether Landlord actually performs any or all of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdoverwork, plus ~~all~~ any other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that damages Landlord suffers as a result of ~~the Holdover~~Tenant’s default. Landlord may, ~~including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth~~ in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% anticipation of the ~~Minimum Annual Rent applicable at the last month~~ end of the ~~Term~~term, enter the premises to inspect and test the HVAC and other building systems, and Tenant agrees to meet with Landlord, at Landlord’s request, to jointly inspect the premises after it has moved out and before it returns possession, to confirm Tenant has performed all required removals and repairs or replacements. Tenant’s obligations under this section will survive the expiration of the ~~other terms of provisions~~ term and termination of this Lease ~~shall apply, except that Tenant shall not have any~~ or Tenant’s right to ~~make any Alterations or any Transfers, expand the Premises, or extend the Term~~possession. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (ADESTO TECHNOLOGIES Corp)

Surrender. ~~(a) On the date on which~~ Tenant shall, upon renewal and/or termination of this ~~Lease expires or terminates~~Lease, ~~Tenant shall return possession of~~ surrender the Premises ~~to Landlord~~ thoroughly cleaned, and all fixtures and equipment thereon shall be in ~~good~~ good, clean and operating condition, ~~except for~~ ordinary wear and ~~tear, and except for casualty damage or other conditions that Tenant is not required~~ tear excepted. Prior to ~~remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier~~ termination of this Lease, Tenant ~~shall remove from~~ shall: A. Thoroughly clean the ~~Premises~~ premises including kitchen, baths, all ~~Tenant Improvements~~ appliances, windows, mini-blinds, walls, floors (~~subject to Section 29(c) below~~except carpet), ~~Alterations (subject~~ etc. In the event of failing to ~~Section 12(a) above)~~have such cleaning done, the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇▇ ~~does not return possession~~ will pay the cost of reimbursing Landlord for having such cleaning done. B. At the ~~Premises~~ Tenant’s expense, Landlord will have the flooring professionally cleaned and deodorized at the end of each lease term. Ceramic tiles will be scrubbed with chemicals and will cost $150.00 per area. Floor tiles will be stripped and waxed at a cost of $150.00 per area. Steam cleaning and deodorizing will cost a minimum of $150.00 and may be higher if there are excessive stains/dirt present. If after shampooing, Landlord deems that the carpet is damaged in any way (i.e. cigarette ▇▇▇▇▇, pet and/or un-removable odors, un-cleanable stains, tears/rips, etc.) then Tenant understands that Landlord will have the carpet replaced at the Tenant’s expense. If carpet is replaced after shampooing has been attempted, ▇▇▇▇▇▇ will be responsible for the cost of replacement, in addition to the cost of shampooing; C. At the Tenant’s expense, the Landlord will have the premises professionally treated for fleas and ticks if pets have been present; D. Remove all trash; E. Have all light bulbs and smoke detectors in working order; F. Return all keys within twenty-four (24) hours after vacating If Tenant fails to complete the ~~condition required under this Lease~~items as detailed above, ~~Tenant~~ the Landlord shall ~~pay Landlord all resulting actual damages Landlord may incur~~do so at the Tenant’s sole cost and expense. Tenant’s failure to comply with the ~~terms~~ provision of returning the keys, as detailed above, shall be adequate cause for Landlord to change the locks and ~~conditions of this Section 21(a) shall also be deemed an Event of Default by~~ charge the Tenant ~~under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord~~therefore. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Residential Lease

Surrender. ~~(a)~~ On the ~~date on which this Lease expires or terminates~~Expiration Date, Tenant shall ~~return possession of~~ surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to ~~Landlord~~ remove as expressly set forth above) in a good condition, ~~except for ordinary~~ less any normal wear and tear, free of trash and ~~except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease~~debris including cleaning of all flooring; all walls shall be patched and painted, ~~and~~ subject to ~~the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises~~ normal wear and tear; all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property signage installed by Tenant on any portion of the Buildings or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant Project shall be ~~required~~ removed and the surfaces repaired, including restoration of the signage mounting surfaces to ~~remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date~~their pre-existing condition; all sign circuits, ~~unless this Lease is terminated following an Event of Default in which case no notice~~ electrical circuits, and lighting fixtures shall be ~~required. Tenant shall repair any damage resulting~~ in good operating condition; all roof penetrations arising from ~~any and all such removal and shall restore the Premises to good order and the condition existing prior to~~ Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s 's occupancy of the Premises shall be in a watertight condition; and all doors, windows, locks, and hardware shall be in operable condition upon the termination of this Lease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant's Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant's Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of ~~a tenancy at sufferance~~shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Alterations or Tenant~~’s occupancy during~~ 's Personal Property. Tenant will be liable to Landlord for Landlord's costs for storing, removing (including related restoration work), or disposing of any ~~Holdover period shall otherwise be subject~~ such Alterations or Tenant's Personal Property. Subject to the provisions of ~~this Lease (unless clearly inapplicable)~~Paragraph 24.2, ~~except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover~~below, ~~plus all other charges payable hereunder, and upon all the terms hereof applicable~~ if Tenant fails to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of surrender the Premises ~~by summary proceedings or otherwise. Nothing contained herein shall be deemed~~ to ~~authorize Tenant to remain in occupancy of the Premises after~~ Landlord on the Expiration Date ~~or sooner termination of~~ in the ~~Term. Any provision in~~ condition required by this ~~Lease to the contrary notwithstanding~~Paragraph, ~~any Holdover by~~ Tenant shall ~~constitute an Event of Default entitling Landlord to exercise~~indemnify, ~~without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default~~defend, and ~~Tenant shall be liable for, and agrees to~~ hold Landlord harmless from and ~~against,~~ against all liabilities, ~~obligations,~~ damages, ~~penalties, claims~~losses, costs, ~~charges and~~ expenses, ~~including~~ attorneys~~’ fees~~ ' fees, and ~~consequential damages, that Landlord suffers as a result of the Holdover~~claims resulting from such failure, including without limitation any ~~claims~~ claim for damages made by ~~any~~ a succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termtenant. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Modified Gross Office Lease (Bridgepoint Education Inc)

Surrender. ~~(a)~~ On the ~~date on which this~~ Lease ~~expires or terminates~~Expiration Date, ~~Tenant~~ Tenant, at its sole cost, shall return possession of the Premises to Landlord in ~~good condition~~accordance with Tenant’s obligations under this Lease, ~~except for~~ and otherwise in the condition described on Exhibit F attached hereto, ordinary wear and tear, condemnation and ~~except for~~ damage by fire or casualty ~~damage~~ excepted; provided, however, if any condition listed on Exhibit F was not satisfied as of the Lease Commencement Date, and Landlord and Tenant confirm, in writing, the non-satisfaction of any such condition (neither Landlord nor Tenant shall unreasonably withhold agreement on such list of unsatisfied conditions as of the Lease Commencement Date), then such condition shall not apply to Tenant hereunder and Tenant shall not be required to satisfy such condition as of the Lease Expiration Date or other ~~conditions that Tenant is not~~ time of surrender by ▇▇▇▇▇▇. Conditions existing as a result of (i) Tenant’s failure to Maintain the Premises or the Project, as required ~~to remedy under this Lease. Notwithstanding anything to the contrary contained in~~ by this Lease, ~~and subject~~ (ii) Tenant’s failure to abide by the terms of this ~~Section 21(a)~~Lease or its default, ~~prior~~ or (iii) the presence of Hazardous Materials on, in, under or about the Premises, the Project or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to ~~the expiration or earlier termination of this Lease~~act, ~~Tenant shall remove from~~ in connection with the Premises ~~all Tenant Improvements (subject to Section 29(c) below)~~or the Project, ~~Alterations (subject to Section 12(a) above),~~ shall not be deemed “ordinary wear and tear.” On or before the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Lease Expiration Date, ~~unless this Lease is terminated following an Event of Default in which case no notice~~ Tenant, at its sole cost, shall ~~be required. Tenant shall~~ remove Tenant’s Property from the Project and repair ~~any~~ all damage resulting from ~~any and all~~ such removal and ~~shall~~ restore the ~~Premises~~ Project to good order and condition, subject to the ~~condition existing prior~~ “Alterations; Liens” Section above. If ▇▇▇▇▇▇ fails to remove any of Tenant’s Property as required hereunder, then Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein Property shall ~~be deemed abandoned, and~~ vest in Landlord, and/or Landlord may at Tenant’s ~~expense, may remove, store, sell or otherwise~~ expense remove and/or dispose of ~~such property~~ any Tenant’s Property in ~~such~~ any manner as Landlord ~~may see fit and retain such property as its property or sell such property and keep the proceeds~~deems appropriate. If T▇▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting ~~actual~~ damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlordsuffer. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Unusual Machines, 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall ~~remove from~~ repair any damage to and restore the condition of the Premises ~~all Tenant Improvements (subject to~~ in accordance with Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants13.2. Tenant shall also ~~cap or terminate~~ remove all ~~telephone, computer~~ of Tenant’s Property and ~~data connections at service entry panels in accordance with~~ shall repair all ~~applicable Laws. With respect~~ damage to the ~~Generator~~Premises, the Building, the Common Area, Property or the Project caused by the installation or removal of Tenant’s Property. In no event shall Tenant remove from the Building any mechanical or electrical systems, including without limitation, any power wiring or power panels, lighting or lighting fixtures, wall coverings, drapes, blinds or other window coverings, carpets or other floor coverings, heaters, air conditioners or any other heating and air conditioning equipment, fencing or security gates, load levelers, dock lights, dock locks or dock seals, or any ~~Tenant Improvements~~ wiring or ~~Alterations Tenant is otherwise required to remove hereunder~~any other aspect of any systems within the Premises, unless Landlord ~~agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three~~ specifically permits or requires (~~3) months prior~~ to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms extent expressly permitted by Section 13.2 of this Lease) such removal in writing. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the ~~Premises~~ Premises, together with all keys and security codes, to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, in as good a condition as existed after Substantial Completion of the Initial Tenant’s Work, and in the condition described on Exhibit H attached hereto, ordinary wear and tear and damage by fire or casualty ~~loss and condemnation covered by Sections 15 and 16~~ excepted. ~~At least 3 months prior to the surrender~~ Conditions existing because of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s ~~expense as set forth below~~failure to perform maintenance, ~~to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may~~ repairs or replacements shall not be deemed ~~reasonably necessary~~ “reasonable wear and tear”. If Tenant fails to ~~confirm that the Premises are~~remove any of Tenant’s Property, ~~as of the effective date of such surrender~~ or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of restore the Premises to ~~third parties. (c) If Tenant remains in possession of~~ the ~~Premises or any part thereof~~ required condition, within 2 days after ~~the expiration or~~ termination of this Lease ~~(“Holdover”)~~or Tenant’s right to possession, ~~without the written consent of~~ Landlord, ~~T▇▇▇▇▇~~at Tenant’s ~~occupancy~~ sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the ~~Premises~~ Premises. Landlord shall not be ~~that~~ responsible for the value, preservation or safekeeping of ~~a tenancy at sufferance.~~ Tenant’s ~~occupancy during any Holdover period~~ Property. Tenant shall ~~otherwise be subject~~ pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord remove Tenant’s Property from ~~immediate recovery of possession of~~ the Premises ~~by summary proceedings~~ or ~~otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises~~ storage, within 30 days after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premisesnotice, Landlord may ~~decorate, remodel, repair, alter~~ deem all or ~~otherwise prepare the Premises for occupancy, without affecting~~ any part of Tenant’s ~~obligation~~ Property to ~~pay Rent for the Premises~~be abandoned and, ~~however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after~~ at Landlord’s ~~entry for such purposes~~option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

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

Surrender. ~~(a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises~~ Subject 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this ~~Section 21(a~~Section, LESSEE shall at the termination of this lease remove all of LESSEE's goods and effects from the leased premises, including any and all fixtures and LESSEE-installed improvements (to the extent specified by LESSOR at the time of initial approval thereof), and furniture and equipment, and LESSEE shall repair any damage to the leased premises caused by such removal. LESSEE shall deliver to LESSOR the leased premises and all keys and locks thereto, all fixtures and equipment connected therewith (to the extent not to be removed by LESSEE). Not more than nine (9) ~~shall also~~ months, and not less than three (3) months, prior to the end of the term of this lease, LESSOR may request that LESSEE specify in writing (to be ~~deemed an Event of Default~~ delivered within 15 days after such request) those alterations, additions, fixtures and improvements made to or upon the leased premises by ~~the Tenant under this Lease~~or for LESSEE, ~~entitling Landlord~~ including but not limited to ~~exercise all legal~~ any offices, partitions, window blinds, manufacturing and ~~equitable remedies available~~ research & development fixtures, floor covering (including computer floors), water coolers, telephone wiring, telephone equipment and counters, that LESSEE proposes to ~~Landlord. (b) Upon~~ remove at the expiration of the ~~Term or earlier termination of Tenant’s right of possession~~term. To the extent that any such alterations, ~~Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon~~additions and improvements are not listed in LESSEE's response, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan then LESSEE shall have ~~been satisfactorily completed and Landlord shall have the right, subject~~ no right to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of remove the same. LESSEE shall in any event remove all furniture, ~~which cost shall~~ trade fixtures and business equipment that, in LESSOR's reasonable judgment, is not ~~exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan~~ readily re-usable for other business office, warehousing, light manufacturing and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”)research and development uses, ~~without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be~~ provided that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord LESSOR gives LESSEE notice of ~~such election at least nine~~ LESSOR's determination not less than thirty (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (9030) days prior to the ~~Expiration Date~~expiration of the Term. LESSEE shall not remove plumbing or electrical equipment or HVAC equipment, ~~if Tenant has vacated~~ except that LESSEE may remove its particularly specialized plumbing, electrical equipment and HVAC equipment and trade fixtures, provided that LESSEE shall restore the ~~Premises~~remaining systems and equipment to that which was originally present in the leased premises. LESSEE shall deliver the leased premises sanitized from any chemicals or other contaminants, ~~Landlord may decorate~~and broom clean and in the same condition as they were at the commencement of this lease or any prior lease between the parties for the leased premises, ~~remodel~~or as they were modified during said term with LESSOR's written consent, ~~repair~~reasonable wear and tear and damage by fire or other casualty excepted. In the event of LESSEE's failure to remove any of LESSEE's property from the leased premises upon termination of the lease, ~~alter or otherwise prepare the Premises for occupancy~~LESSOR is hereby authorized, without ~~affecting Tenant’s obligation~~ liability to ~~pay Rent~~ LESSEE for loss or damage thereto and at the ~~Premises~~sole risk of LESSEE, ~~however~~to remove and store any such property at LESSEE's expense, ~~T▇▇▇▇▇’s indemnification obligations~~ or to retain same under LESSOR's control, or to sell at public or private sale (without notice), any or all property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such abandoned property. In no case shall ~~not apply~~ the leased premises be deemed surrendered to LESSOR until the termination date provided herein or such other date as may be specified in a written agreement between the parties, notwithstanding the delivery of any ~~acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes~~keys to LESSOR.

Appears in 1 contract

Sources: Commercial Lease (Palomar Medical Technologies Inc)

Surrender. ~~(a)~~ On the ~~date on which this Lease expires or terminates~~Expiration Date, Tenant shall ~~return possession of~~ surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to ~~Landlord~~ remove as expressly set forth above) in ~~good~~ a first class and clean condition, ~~except for ordinary~~ less any normal wear and tear, free of trash and ~~except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease,~~ debris including cleaning of all flooring; all walls shall be patched and ~~subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises~~ painted; all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property signage installed by Tenant on any portion of the Buildings or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant Project shall be ~~required~~ removed and the surfaces repaired, including restoration of the signage mounting surfaces to ~~remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date~~their pre-existing condition; all sign circuits, ~~unless this Lease is terminated following an Event of Default in which case no notice~~ electrical circuits, and lighting fixtures shall be ~~required. Tenant shall repair any damage resulting~~ in good operating condition; all roof penetrations arising from ~~any and all such removal and shall restore the Premises to good order and the condition existing prior to~~ Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be ~~that of~~ in a ~~tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable)~~watertight condition; and all doors, ~~except that the Monthly Rent~~ windows, locks, and hardware shall be ~~one hundred seventy-five percent (175%) of~~ in operable condition upon the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this ~~Lease~~ Lease. Tenant shall ~~operate to extend the Term or prevent Landlord from immediate recovery of possession~~ additionally, as of the ~~Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the~~ Expiration ~~Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding~~Date, ~~any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period,~~ remove all of Tenant’s Personal Property and perform all repairs and restoration required by the ~~remedies available to Landlord upon an Event~~ removal of ~~Default~~any Alterations or Tenant’s Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant’s Personal Property that Landlord elects to retain or dispose of shall immediately upon notice to Tenant vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such Alterations or Tenant’s Personal Property. Tenant will be liable ~~for~~to Landlord for Landlord’s costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant’s Personal Property. If Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by this Paragraph, Tenant shall indemnify, defend, and ~~agrees to~~ hold Landlord harmless from and ~~against,~~ against all liabilities, ~~obligations,~~ damages, ~~penalties, claims~~losses, costs, ~~charges and~~ expenses, ~~including~~ attorneys’ ~~fees~~ fees, and ~~consequential damages, that Landlord suffers as a result of the Holdover~~claims resulting from such failure, including without limitation any ~~claims~~ claim for damages made by ~~any~~ a succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termtenant. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (BeautyKind Holdings, Inc.)

Surrender. ~~(a) On~~ Upon termination of the ~~date on which this Lease expires~~ Term or ~~terminates~~Tenant’s right to possession of the Premises, Tenant shall return ~~possession of~~ the Premises to Landlord in good order and condition, ~~except for~~ ordinary wear and ~~tear, and except for casualty~~ damage by fire or other ~~conditions~~ casualty excepted. If, in connection with the approval of plans for any alterations, Landlord notifies Tenant in accordance with Section 12 that Landlord requires Tenant ~~is not required~~ to ~~remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease~~remove any of such alterations, ~~and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease~~then at Landlord’s request, Tenant shall remove ~~from~~ the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)applicable alterations, and ~~its FFE, partitions~~the removal shall be done in a good and workmanlike manner, and ~~all other personal property installed by~~ upon the removal Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to ~~good order and the~~ its condition ~~existing~~ prior to ~~Tenant’s~~ the installation of ~~any Tenant Improvements~~ such alterations (as the case may be), in each case on or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon before the expiration of the Term or ~~earlier termination of~~ Tenant’s right of to possession, . Tenant shall ~~surrender~~ not, however, be obligated to remove the ~~Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises~~ Tenant Improvements (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain as defined in the ~~Premises~~Workletter Agreement) or any associated telephone, data and power wiring and cabling at the expiration or earlier termination of the Term. If Tenant does not remove the applicable alterations on or before the expiration of the Term or termination of Tenant’s right to possession, ~~free from~~ then Landlord, without limiting any ~~residual impact from~~ other rights or remedies available to Landlord, may remove the ~~Tenant HazMat Operations~~ same and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to restore the Premises, and Tenant shall pay the reasonable cost of the removal and restoration to Landlord within thirty (ii30) days following Landlord’s written demand. Notwithstanding the foregoing, it is understood and agreed that Tenant shall remove its FF&E (other than any associated telephone, data and power wiring and cabling installed in connection with the Tenant Improvements) from the Premises prior to termination of the Term or Tenant’s right to possession of the Premises. As used herein, the term “FF&E” shall mean all ~~Hazardous Materials used~~of Tenant’s furniture, ~~stored~~equipment, ~~handled~~trade fixtures, ~~treated~~and all other items of non-affixed personal property and associated telephone, ~~generated, released or disposed of~~ data and power wiring and cabling from time to time within the Premises, including without limitation, the categories of items listed in EXHIBIT I attached to this Lease. On or about the Commencement Date, Landlord and Tenant shall prepare and agree upon an updated list of the FF&E within the Premises, which shall be insured by Tenant under this Lease and shall be ~~subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan,~~ removed by Tenant upon the ~~request~~ expiration of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or ~~prevent Landlord from immediate recovery~~ Tenant’s right of ~~possession of~~ possession. If Tenant does not remove the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, FF&E (other than cabling and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers wiring as ~~a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c~~described above), Tenant shall be conclusively presumed to have conveyed the ~~one-time right to elect to extend the Term for a period of three (3) months upon providing~~ same to Landlord ~~notice of such election~~ without further payment or credit by Landlord to Tenant, or at ~~least nine (9) months prior~~ Landlord’s sole option and without limiting any other rights or remedies available to Landlord, the ~~Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent~~ items shall be ~~equal to 150% of the Minimum Annual Rent applicable at the last month of the Term~~deemed abandoned, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, in which event Landlord may ~~decorate~~cause the items to be removed and disposed of at Tenant’s expense, ~~remodel, repair, alter or otherwise prepare~~ which shall be Landlord’s reasonable cost of removal (less any net proceeds received by Landlord from the ~~Premises for occupancy~~sale thereof), without ~~affecting Tenant’s~~ notice to Tenant and without obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposescompensate Tenant.

Appears in 1 contract

Sources: Office Lease (Houghton Mifflin Co)

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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, whether by forfeiture, lapse of time, or otherwise, or upon the termination of Tenant’s right to possession of the Premises, Tenant ~~shall remove from~~ will at once surrender and deliver up the Premises, to Landlord in good and broom-clean condition and repair, reasonable wear and tear and loss by fire or other casualty excepted. All Tenant Additions will, following the expiration or termination of this Lease, remain in the Premises as Landlord’s property unless Landlord directs Tenant to remove all or any portion of same whereupon Tenant ~~Improvements~~ agrees that it shall, at its expense, remove such Tenant Additions (~~subject to Section 29(c) below~~or portion thereof directed by Landlord). Provided Tenant is not in default, ~~Alterations (subject to Section 12(a) above)~~it will remove its Trade Fixtures, ~~the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)~~inventory, and ~~its FFE, partitions, and all~~ other personal property ~~installed by Tenant or its assignees or subtenants~~upon the expiration of the Term. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations If Tenant is ~~otherwise required to~~ in default, it shall remove ~~hereunder, Landlord agrees that Tenant shall be required to remove the same~~ its Trade Fixtures only if ~~Landlord provides notice~~ specifically directed to ~~Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default~~ do so in ~~which case no notice shall be required~~writing by Landlord. Tenant shall repair any damage ~~resulting~~ to the Premises caused by the removal of such Tenant Additions, Trade Fixtures, or other items. In no event will any fire sprinklers, fire suppression equipment, HVAC System components, floor tiles, carpeting, ceiling tiles, plumbing fixtures, or similar building system items or any equipment or fixtures attached to the realty be considered “Trade Fixtures” or be removed unless directed by Landlord to do so. Tenant agrees that following an Event of Default, Landlord may, at its option, allow any party claiming to be a lessor of Tenant to remove equipment, Trade Fixtures, and similar items leased from such lessor. Landlord shall have no liability to Tenant therefor. Landlord may condition its consent upon such lessor agreeing to repair any ~~and all~~ damage to the Premises caused by such removal and providing adequate financial assurances of its ability to pay for any such damages. Provided, however, no such agreement by any such lessor, or Landlord’s failure to obtain such an agreement, shall ~~restore the Premises to good order and the condition existing prior to~~ relieve Tenant of its obligations hereunder including without limitation, Tenant’s ~~installation of any~~ obligation to repair said damage even if the damage is caused by said lessor or its contractors or agents. Tenant ~~Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease~~shall remove all Hazardous Materials. Any ~~of the~~ Trade Fixtures or Tenant ~~FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property~~ Additions not removed ~~or restored~~ by Tenant as required herein shall be deemed ~~abandoned~~abandoned and may be stored, removed and ~~Landlord,~~ disposed of by Landlord at Tenant’s expense, ~~may remove, store, sell or otherwise dispose of such property in such manner as~~ and Tenant waives all claims against Landlord may see fit and retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all for any damages resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s ~~environmental consultant~~retention or disposal of same. ~~In connection with~~ Moreover, any period following the ~~review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord~~ termination or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration ~~or termination~~ of this Lease ~~(“Holdover”)~~during which there is Hazardous Material, ~~without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises~~ Tenant Alterations or Trade Fixtures which are not removed as herein required shall be ~~that of~~ considered a ~~tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject~~ holdover by Tenant and, in addition to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord ~~upon an Event of Default~~hereunder, ~~and~~ shall obligate Tenant to the increased rental payments pursuant to Section 27.2. Tenant shall be ~~liable for, and agrees~~ entitled to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations no payment or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent offset for the ~~Premises, however, T▇▇▇▇▇’s indemnification obligations~~ value of any such property (even if sold by Landlord) and shall ~~not apply to any acts, omissions~~ pay on demand all costs incurred by Landlord in connection with such removal or ~~events within the Premises that arise on and after Landlord’s entry for such purposes.~~disposal. No retention,

Appears in 1 contract

Sources: Standard Industrial Lease (TWC Holding Corp.)

Surrender. ~~(a) On the date on which this Lease expires or terminates, Tenant~~ LESSEE 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to at the expiration or earlier termination of this ~~Lease, Tenant shall~~ Lease remove all of LESSEE's good and effects from the Premises (including, without hereby limiting the generality of the foregoing, all ~~Tenant Improvements~~ lettering, affixed or painted by the LESSEE, either inside or outside the Property). LESSEE shall deliver to LESSOR the Premises (subject to ~~Section 29(c~~reasonable wear and tear and damage by other casualty) ~~below)~~and all keys, ~~Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)~~locks thereto, and ~~its FFE~~other fixtures and equipment connected therewith to the extent installed by LESSOR and all alterations, additions and improvements made to or upon the Premises, including, but not limited to, any offices, partitions, plumbing and plumbing fixtures, air conditioning equipment and duct and plumbing fixtures, air conditioning equipment and duct work of any type, exhaust or heaters, burglar alarms, telephone wiring, air or gas distribution piping, compressors, to the extent that the foregoing are attached to the walls or floors and all ~~other personal property installed by Tenant or its assignees or subtenants~~electrical work, including but not limited to, lighting fixtures of any type, wiring conduits, distribution panels, bus ducts, raceways, outlets and disconnects. ~~Tenant~~ Lessee shall ~~also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect~~ not be obligated to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to ~~good~~ its pre-occupancy status. LESSEE shall deliver the Premises in a clean and neat order and in the ~~condition existing prior to Tenant’s installation~~ same conditions as they were at the commencement of ~~any Tenant Improvements or Alterations~~ the ~~Satellite System~~term, or as they were put in during the ~~Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System~~term hereof, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary reasonable wear and tear and damage by fire or other casualty ~~loss and condemnation covered by Sections 15 and 16~~ only excepted. ~~At least 3 months prior~~ LESSEE shall have the right to ~~the surrender of the Premises~~remove any trade fixtures, ~~Tenant shall deliver to Landlord a narrative description of the actions proposed (~~equipment or ~~required under any Law) to be taken~~ personal property owned by ~~Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain~~ LESSEE and located in the Premises~~) at~~ . In the ~~expiration or earlier termination~~ event of LESSEE's failure to remove any of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of foregoing from the Premises, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any such property at LESSEE's expense, or to retain the same under LESSOR's control or to sell at public or private sale without notice, any or all the property not so recovered and to apply the net proceeds from such sale to the payment of any sum due hereunder, or to destroy such property which shall be ~~subject~~ conclusively deemed to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third partiesabandoned. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Ydi Wireless Inc)

Surrender. ~~(a) On~~ Upon the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, ~~Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below)~~whether by forfeiture, Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant lapse of time or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generatorotherwise, or ~~any Tenant Improvements or Alterations Tenant is otherwise required~~ upon termination of Tenant's right to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the ~~Premises to Landlord in the condition required under this Lease~~Leased Premises, Tenant ~~shall pay Landlord~~ will at once surrender and deliver up the Leased Premises, together with all ~~resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease~~Improvements thereon, ~~entitling Landlord to exercise all legal and equitable remedies available~~ to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom ~~clean~~swept, ~~ordinary~~ in good condition and repair, reasonable wear and tear ~~and casualty loss and condemnation covered by Sections 15 and 16~~ excepted~~. At least 3 months prior~~ ; conditions existing because of Tenant's failure to ~~the surrender~~ perform maintenance, repairs or replacements as required herein, or because of Tenant's particular use of the ~~Premises~~Leased Premises (even if permitted pursuant to Section 1.4(a) hereof), shall not be deemed "reasonable wear and tear". Tenant shall deliver to ~~Landlord a narrative description of~~ Agent all keys to all doors therein. As used herein, the ~~actions proposed~~ term "Improvements" shall include, without limitation, all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment, and all Alterations (as said term is defined in Section 9.2 hereof) whether or ~~required~~ not permitted under ~~any Law) to be taken~~ Section 9.2. All Alterations, temporary or permanent, made in or upon the Leased Premises by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, become Landlord's property and shall ~~be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan,~~ remain upon the ~~request of Landlord~~Leased Premises on any such termination without compensation, ~~Tenant shall deliver~~ allowance or credit to ~~Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender~~Tenant; provided, ~~Tenant shall deliver to Landlord evidence~~ however, that ~~the approved Surrender Plan shall have been satisfactorily completed and~~ Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to ~~deliver such Surrender Plan~~ require Tenant to remove any Alterations and ~~any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to~~ restore the ~~surrender of the~~ Leased Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months their condition prior to the ~~Expiration Date (the “Extended Term”)~~making of such Alterations, repairing any damage occasioned by such removal and restoration. ~~During the Extended Term the Minimum Annual Rent~~ Said right shall be ~~equal~~ exercised by Landlord giving written notice thereof to ~~150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that~~ Tenant ~~shall not have any right to make any Alterations~~ on or ~~any Transfers, expand the Premises, or extend the Term. (d) During the last~~ before ninety (90) days ~~prior to~~ after such termination. If Landlord requires removal of any Alterations and Tenant does not make such removal in accordance with this Section at the ~~Expiration Date~~time of such termination, ~~if Tenant has vacated the Premises~~or within ten (10) days after such request, whichever is later, Landlord may ~~decorate~~remove the same (and repair any damage occasioned thereby), ~~remodel~~and dispose thereof or, at its election, deliver the same to any other place of business of Tenant or warehouse the same. Tenant shall pay to Landlord the costs of such removal, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise delivery and warehousing on ~~and after Landlord’s entry for such purposes~~demand.

Appears in 1 contract

Sources: Industrial Building Lease (Amcraft Building Products Co Inc)

Surrender. ~~(a) On~~ of At the ~~date on which this Lease expires or terminates, Tenant shall return possession~~ end of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination term of this Lease, Tenant shall ~~remove from~~ Leased Space surrender the ~~Premises all Tenant Improvements (subject~~ Leased space to ~~Section 29(c) below)~~Landlord, Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance together with all ~~applicable Laws. With respect to the Generator~~alterations, ~~or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder~~additions and improvements thereto, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in ~~which case no notice shall be required. Tenant shall repair any damage resulting from any~~ broom clean condition and ~~all such removal and shall restore the Premises to~~ in good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, repair except for ordinary wear and tear and ~~casualty loss~~ damage for which Tenant is not obligated to make repairs under this Lease. Subject to Paragraph 9 hereof and ~~condemnation covered by Sections 15 and 16 excepted. At least 3 months prior to the surrender~~ if Tenant is not then in default under any of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c)hereof, Tenant shall have the ~~one-time~~ right at the end of the term hereof to ~~elect~~ remove any equipment, furniture, trade fixtures or other personal property placed in the Leased Space by Tenant, provided that Tenant promptly repairs any damage to ~~extend~~ the ~~Term for a period of three (3) months upon providing~~ Leased Space caused by such removal. Tenant shall repair all damage to ~~Landlord notice of~~ the Leased Space caused by such ~~election at least nine (9) months~~ removal and restore the Leased Space to the condition in which it was prior to the ~~Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150%~~ installation of the ~~Minimum Annual Rent applicable~~ items so removed. Tenant shall surrender the Leased Space to Landlord at the ~~last month~~ end of the ~~Term~~term hereof, without notice of any kind, and Tenant waives all ~~of the other terms of provisions of this Lease shall apply, except that~~ right to any such notice as may be provided under any laws now or hereafter in effect in Pennsylvania. If Tenant shall ~~not have~~ fail to remove any ~~right to make any Alterations~~ of its equipment, furniture, trade fixtures or ~~any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises~~other personal property, Landlord may ~~decorate~~remove and store the same at the expense of Tenant or sell the same on behalf of Tenant at public or private sale in such manner as is commercially reasonable, ~~remodel~~with any proceeds thereof to be first applied to the costs and expenses, ~~repair~~including attorney's fees, ~~alter or otherwise prepare~~ of the ~~Premises for occupancy, without affecting~~ storage and sale and the payment of any amounts owed hereunder by the Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Antares Pharma Inc /Mn/)

Surrender. ~~(a)~~ On the ~~date on which~~ last day of the term of this ~~Lease expires~~ Lease, including any option term, or ~~terminates~~upon the sooner termination thereof, Tenant shall ~~return possession~~ peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may, if not then in default, remove all personal property (not including trade fixtures) not attached to ~~Landlord in good condition, except for ordinary wear and tear~~the Leased Premises, and ~~except for casualty~~ signs installed at Tenant's expense. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect removal of such personal property and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by the Firstar Bank Madison, N.A. or its successors or assigns, whichever is higher. If, prior to surrender of the Leased Premises or within twenty (20) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall repair any damage ~~or other conditions that~~ occasioned by such removals and Tenant ~~is not required~~ will pay to ~~remedy under~~ Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, a the rate specified in the immediately preceding paragraph of this Lease. ~~Notwithstanding anything~~ The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary ~~contained in this Lease~~notwithstanding, ~~and subject to the terms of this Section 21(a), prior to the expiration or earlier~~ at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant ~~shall remove~~ then located in or upon the Leased Premises to secure the payment of any amounts due from Tenant to Landlord by reason of this Lease or to secure the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)payment of damages, and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein shall be deemed abandoned, and Landlord, at Tenant’s expense, may ~~remove, store, sell or otherwise dispose~~ retain possession of such property until payment in ~~such manner as Landlord may see fit and retain~~ full of said amounts. Said lien shall not be defeated by placing such property ~~as its property or sell such property and keep the proceeds~~in storage. If ~~T▇▇▇▇▇ does~~ Tenant has not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last redeemed said property within ninety (90) days ~~prior to~~ after the ~~Expiration Date, if Tenant has vacated the Premises~~termination of said Lease, Landlord may ~~decorate~~sell such property at public or private sale without further notice to Tenant, ~~remodel~~and shall apply in a reasonable manner determined by Landlord the proceeds of sale to reduce the amounts then owed from Tenant to Landlord. The foregoing notwithstanding, ~~repair~~Tenant shall be entitled to remove property from the Leased Premises subsequent to such termination, ~~alter or otherwise prepare~~ after written request therefor has been provided to Landlord specifying the ~~Premises~~ items to be removed. Landlord shall allow such removal to the extent the value of property remaining subject to Landlord's lien reasonably secures all amounts due Landlord. The rights of holders of liens superior to the lien provided for ~~occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations~~ herein shall ~~not apply to any acts, omissions or events within the Premises that arise on~~ be recognized by Landlord consistent with applicable laws and ~~after Landlord’s entry for such purposes~~statutes.

Appears in 1 contract

Sources: Lease Agreement (Hagler Bailly 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 LeaseSection 25.01. ~~Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to~~ Upon the expiration or earlier termination of the Term of this Lease, Tenant shall ~~remove from~~ surrender the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Demised Premises to Landlord in the same condition ~~required under this Lease~~in which the Demised Premises were originally received from Landlord except as repaired, ~~Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure~~ rebuilt, restored, altered or added to ~~comply with the terms and conditions~~ as permitted by any provision of this ~~Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal~~ Lease and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, except for ordinary wear and tear and ~~casualty loss~~ damage by fire or other casualty. Tenant shall remove from the Demised Premises upon such expiration or earlier termination, all property situated thereon which is owned by Tenant. Tenant, at its cost and ~~condemnation covered by Sections 15 and 16 excepted. At least 3 months prior~~ expense, shall repair any damage to ~~the surrender~~ any part of the ~~Premises~~Demised Premises caused by such removal. Any property of Tenant not so removed shall become the property of Landlord, ~~Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law)~~ which may thereafter cause such property to be ~~taken~~ removed from the Demised Premises and disposed of but the cost of any such removal and disposition as well as the cost of repairing any damage caused by ~~Tenant in order to surrender the Premises (including any Alterations permitted~~ such removal shall be borne by ~~Landlord to remain in the Premises) at~~ Tenant. Upon the expiration or earlier termination of the Term, ~~free from~~ Tenant shall remove all computers and computer related and peripheral equipment (other than cabling and other related equipment that would be deemed fixtures) installed by Tenant at the Demised Premises (collectively, "Computer Equipment Removal"), and Tenant, at its cost and expense, shall repair any ~~residual impact from~~ damage to any part of the Demised Premises caused by such Computer Equipment Removal, which damage is of a nature that exceeds that damage which would be caused by the removal of office furniture and equipment customarily maintained by Tenant ~~HazMat Operations and otherwise released~~ at Demised Premises. In no event shall such Computer Equipment Removal require Landlord to make any non-customary alterations or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect repairs to the ~~Premises,~~ Demised Premises in order to be able to prepare or finish any portion of the Demised Premises for rental to tenants for normal office purposes. Tenant shall reimburse Landlord for all costs and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In expenses incurred by Landlord in connection with the ~~review and approval~~ Computer Equipment Removal if Landlord shall reasonably deem such non-customary alterations or repairs necessary or advisable. In no event shall Tenant be required to pay for improvements to the Demised Premises that are being used to prepare the space for a new tenant. Section 25.02. Upon the expiration or earlier termination of the ~~Surrender Plan, upon the request~~ Term of ~~Landlord~~this Lease, Tenant shall deliver the Building to Landlord broom clean, except in the event such surrender is due to a casualty or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises arecondemnation, as provided herein. Copies of all then current maintenance and service agreements and records, warranties in effect (all of which shall be assigned to Landlord, if such agreements or warranties are assignable) and all plans and specifications relating to alterations of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains Improvements in Tenant's possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.shall

Appears in 1 contract

Sources: Sublease Agreement (Daleen Technologies Inc)

Surrender. ~~(a) On~~ A. 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, ~~Tenant~~ whether by forfeiture, lapse of time or otherwise, or upon the termination of Lessee's right to possession of the Leased Premises, Lessee will at once surrender and deliver up the Leased Premises, together with all fixtures, therein and improvements thereon, to Landlord in good condition and repair, reasonable wear and tear and damage excepted. Such fixtures and improvements shall ~~remove from the Premises~~ include all ~~Tenant Improvements~~ plumbing, lighting, light fixtures, water heater (~~subject to Section 29(c) below~~if any), ~~Alterations (subject to Section 12(a) above)~~electrical, ~~the Satellite System (subject to Section 7(e) above)~~heating, ~~the Building Mounted Sign (subject to Section 11(b) above)~~cooling and ventilating fixtures and equipment and air conditioning, ~~and its FFE~~together with all duct work. Except as otherwise specifically herein provided, ~~partitions,~~ all additions and all ~~other personal~~ improvements, temporary or permanent, in or upon the Lease Premises placed there by Lessee shall become Landlord's property ~~installed~~ and shall remain upon the Leased Premises upon such termination of this Lease by ~~Tenant~~ lapse of time or ~~its assignees~~ otherwise, without compensation or ~~subtenants. Tenant shall also cap~~ allowance or ~~terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect~~ credit to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration DateLessee, unless ~~this Lease is terminated following an Event~~ Landlord requests their removal in writing at or before the time of ~~Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all~~ such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms termination of this Lease. ~~Any~~ If Landlord requests the removal of Lessee's improvements or fixtures, Lessee shall repair any injury or damage to the ~~Tenant FFE or~~ Leased Premises which may result from such removal. B. Lessee agrees that if Lessee does not surrender the ~~Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein shall be deemed abandoned, and~~ Leased Premises to Landlord, at ~~Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and retain such property as its property or sell such property and keep~~ the ~~proceeds. If T▇▇▇▇▇ does not return possession~~ end of the ~~Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions~~ term of this ~~Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration~~ Lease or upon any cancellation of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination term of this Lease, ~~free from any residual impact from Tenant HazMat Operations. Tenant~~ then Lessee shall ~~reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by~~ pay to Landlord ~~for Landlord’s environmental consultant~~ all damages that Landlord may suffer on account of Lessee's failure to ~~review and approve the Surrender Plan and~~ surrender to ~~visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000.~~ Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunderLeased Premises, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, will indemnify and ~~Tenant shall be liable for, and agrees to hold~~ save Landlord harmless from and ~~against,~~ against all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant ~~based~~ of said premises against Landlord on account of delay of Landlord in delivery of possession of said premises to said succeeding tenant so far as such ~~delay. Notwithstanding anything~~ delay is occasioned by failure of Lessee to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termso surrender said premises. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Warehouse Lease (International Cigar Holdings Inc)

Surrender. ~~(a) On~~ Subject to Landlord's right to require removal or to elect ownership as hereinafter provided, all Alterations made by Tenant to the ~~date on which this Lease expires or terminates~~Premises shall be the property of Tenant, ~~Tenant~~ but shall ~~return possession~~ be considered to be a part of the ~~Premises~~ Premises. Unless Landlord gives Tenant written notice of its election not to ~~Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to~~ become the ~~contrary contained in this Lease, and subject to~~ owner of the ~~terms~~ Alterations at the end of ~~this Section 21(a), prior to~~ the ~~expiration or earlier termination~~ term of this Lease, ~~Tenant~~ the Alterations shall ~~remove from~~ become the ~~Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above),~~ property of Landlord at the ~~Satellite System (subject to Section 7(e) above),~~ end of the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms term of this Lease. ~~Any~~ Landlord may require, on notice to Tenant, that some or all Alterations be removed prior to the end of the ~~Tenant FFE or~~ term of this Lease and that any damages caused by such removal be repaired at Tenant's sole expense. On the ~~Satellite System~~last day of the term hereof, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possessionon any sooner termination, Tenant shall surrender the Premises (including, but not limited to, all doors, windows, floors and floor coverings, skylights, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, electrical systems, lighting facilities, sprinkler systems, fire detection systems and nonstructural elements of the exterior walls, foundation and roof (collectively the "ELEMENTS OF THE PREMISES")) to Landlord ~~free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from,~~ in the ~~Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean~~same condition as received, ordinary wear and tear and casualty ~~loss~~ damage excepted, clean and ~~condemnation covered~~ free of debris and Tenant's personal property, trade fixtures and equipment. Tenant's personal property shall include all computer wiring and cabling installed by ~~Sections 15 and 16 excepted~~Tenant. ~~At least 3 months prior~~ Provided, however, if Landlord has not elected to have Tenant remove the ~~surrender of the Premises~~Alterations, Tenant shall ~~deliver to Landlord a narrative description of~~ leave the ~~actions proposed (or required under any Law) to be taken by Tenant in order to surrender~~ Alterations at the Premises ~~(including any Alterations permitted by Landlord to remain~~ in ~~the Premises) at the expiration or earlier termination of the Term~~good condition and repair, ~~free from any residual impact from the Tenant HazMat Operations~~ ordinary wear and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operationstear excepted. Tenant shall ~~reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant~~ repair any damage to ~~review and approve the Surrender Plan and to visit~~ the Premises occasioned by the installation or removal of Tenant's trade fixtures, furnishings and ~~verify satisfactory completion~~ equipment. Damage to or deterioration of ~~the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and~~ any ~~report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession~~ Element of the Premises or any ~~part thereof after~~ other item Tenant is required to repair or maintain at the Premises shall not be deemed ordinary wear and tear if the same could have been prevented by good maintenance practices. If the Premises are not surrendered at the expiration of the term or earlier termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to in accordance with the provisions of this ~~Lease (unless clearly inapplicable)~~section, ~~except that the Monthly Rent~~ at Landlord's option, Tenant shall continue to be ~~one hundred seventy-five percent (175%) of the Monthly Rent payable~~ responsible for the ~~last full month immediately preceding the Holdover, plus~~ payment of Base Rent and all other ~~charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of~~ amounts due under this Lease ~~shall operate to extend the Term or prevent Landlord from immediate recovery of possession of~~ until the Premises ~~by summary proceedings or otherwise~~are so surrendered in accordance with said provisions. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall ~~constitute an Event of Default entitling Landlord to exercise~~indemnify, ~~without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default,~~ defend and ~~Tenant shall be liable for, and agrees to~~ hold Landlord harmless from and ~~against,~~ against any and all ~~liabilities, obligations,~~ damages, ~~penalties, claims~~expenses, costs, ~~charges and~~ losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, ~~including attorneys’ fees and consequential damages~~costs, ~~that~~ losses or liabilities arising from any claim against Landlord ~~suffers as a result of the Holdover, including any claims~~ made by any succeeding tenant ~~based~~ or prospective tenant founded on or resulting from such ~~delay. Notwithstanding anything~~ delay and losses and damages suffered by Landlord due to ~~the contrary set forth in this Section 21(c), Tenant shall have the one-time right~~ lost opportunities to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% lease any portion of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises ~~for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply~~ to any ~~acts~~such succeeding tenant or prospective tenant, ~~omissions or events within the Premises that arise on~~ together with, in each case, actual attorneys' fees and ~~after Landlord’s entry for such purposes~~costs.

Appears in 1 contract

Sources: Standard Industrial Lease (Jabil Circuit 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 Lease14.2.1. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, ~~free from any residual impact from~~ the Tenant ~~HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan~~ shall ~~be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect~~ surrender the Premises to the ~~Premises~~Landlord in good order and repair (damages reasonably beyond the Tenant's control and ordinary wear and tear excepted), and broom clean; and 14.2.2. any and all improvements, repairs, alterations and all other property attached to, used in connection with or otherwise installed upon the Premises (a) shall immediately upon the completion of the installation thereof, be and become the Landlord's property without payment therefore by the Landlord, and (iib) ~~all Hazardous Materials used~~shall be surrendered to the landlord upon the expiration or earlier termination of the Term, ~~stored~~except that any machinery, ~~handled, treated, generated, released~~ equipment or ~~disposed~~ fixtures installed by the Tenant and used in the conduct of ~~from~~ the ~~Premises,~~ Tenant's trade or business (rather than to service the Premises or any of the remainder of the Building or the Property generally) shall remain the Tenant's property and shall be ~~subject to~~ removed by the ~~review and approval of Landlord’s environmental consultant. In connection with~~ Tenant within five (5) days after the ~~review and approval~~ expiration or earlier termination of the ~~Surrender Plan~~term, ~~upon~~ and the ~~request of Landlord,~~ Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from promptly thereafter fully restore any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or ~~any part thereof after~~ the ~~expiration~~ Building damaged by such installation or ~~termination of this Lease (“Holdover”)~~removal thereof. All such machinery, without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover equipment or ~~payment~~ fixtures installed 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. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of and all furniture, inventory and effects on the Premises after the ~~Expiration Date~~ end of such five day period will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or ~~sooner~~ otherwise disposed of by the Landlord without written notice to the Tenant or any other person and without obligation to account for such property. The Tenant shall pay the Landlord for all expenses incurred in connection with the storage or the removal of such property, including, but not limited to the cost of repairing any damage to the building or Premises caused by the removal of such property. The Landlord shall not be responsible for the care or safekeeping of such property, and the Tenant hereby waives any and all loss, destruction and/or damage or injury which may be occassioned by any of the aforesaid acts. Lessor's obligation to observe and perform this covenant will survive the expiration or other termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermLease. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Integrated Information Systems Inc)

Surrender. 25.1 At the expiration of the lease term or upon any earlier termination of this lease, Tenant shall immediately: (a) On deliver to Landlord free and clear title to the ~~date on~~ Improvements (excepting only Tenant's personal property, equipment and trade fixtures which can be, and are, removed by Tenant without permanent damage to the Premises) without any payment to Tenant or allowance of any kind whatsoever by Landlord; provided that nothing herein shall require Tenant to satisfy any obligations arising through Landlord. Landlord may examine condition of title at Tenant's cost to assure itself that the title offered is in conformity with the terms of this ~~Lease expires~~ lease; and (b) restore the Premises to their condition at the commencement of the lease, and repair any damage caused by removal of Tenant's personal property, equipment or ~~terminates~~trade fixtures, ~~Tenant shall~~ or Tenant's occupancy of the Premises, and quit, surrender and return possession of the Premises to Landlord in ~~good~~ a neat, clean, and sanitary condition, ~~except for ordinary wear~~ and ~~tear~~in good working order, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary reasonable wear and tear and casualty loss excepted, and ~~condemnation covered by Sections 15~~ shall deliver to Landlord all information documents and ~~16 excepted. At least 3 months prior~~ tangible items necessary or convenient to the ~~surrender~~ operation of the Premises, ~~Tenant shall deliver~~ including, without limitation, any keys, combinations to ~~Landlord a narrative description~~ locks and access systems, manuals and instruction booklets, warranties, receipts, bills, invoices, statements, licenses, and permits, building plans and specifications, contracts and other documents. 25.2 Any personal property remaining on the Premises after the expiration of the ~~actions proposed (or required under any Law) to~~ lease term may, at Landlord's option, be ~~taken~~ deemed abandoned by Tenant and Tenant releases Landlor▇ ▇▇▇▇ all claims and liability in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with such personal property. Upon expiration, or if the ~~review and approval of the Surrender Plan~~lease is terminated prior to its normal expiration, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, ~~subject to reimbursement at Tenant’s expense as set forth below~~but not the obligation, to ~~cause Landlord’s environmental consultant to inspect~~ remove all of Tenant's personal property from the Premises and ~~perform such additional procedures as may be deemed reasonably necessary to confirm that~~ place the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket same in a public warehouse at Tenant's expense ~~incurred by Landlord for Landlord’s environmental consultant to review~~ and ~~approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000~~risk. Landlord shall have the ~~unrestricted right~~ right, but not the obligation, to ~~deliver~~ sell such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Termstored property if it has not been claimed, and all charges for removal, packing, transport and storage paid by Tenant within thirty (30) days, and the proceeds of ~~the other terms of provisions of this Lease~~ sale shall ~~apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior~~ be applied first to the ~~Expiration Date~~costs of sale, second to the costs of removal, packing, transport and storage, third to the payment of any other sums due Landlord from Tenant, and the balance, if ~~Tenant has vacated the Premises~~any, ~~Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting~~ shall be paid to Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Foster L B Co)

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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or Lease for any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possessionreason, Tenant shall surrender the Premises to Landlord ~~free~~ in its condition existing as of ~~Hazardous Materials brought upon~~the Commencement Date, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary normal wear and tear and damage by fire or other casualty ~~loss~~ excepted, with all provided furniture in good condition and ~~condemnation covered by Sections 15~~ repair, all interior walls repaired damaged, all carpets shampooed and ~~16 excepted~~cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, the HVAC, 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 floors cleaned and waxed, all to the reasonable satisfaction of Landlord. ~~At least 3 months~~ Tenant shall remove from the Premises all Tenant’s personal property and all of Tenant’s alterations required to be removed pursuant to Section 6.E, and restore the Premises to its condition prior to ~~the surrender of the Premises,~~ their installation. If Tenant ~~shall deliver~~ fails to ~~Landlord a narrative description of the actions proposed (or required under~~ remove any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premisesalterations and/or Tenant’s personal property, and ~~(ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from~~ such failure continues after the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, ~~free from any residual impact from~~ Landlord may retain or dispose of such property and all rights of Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to ~~the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises~~ it shall cease, or Landlord may place all or any ~~part thereof after the expiration or termination~~ portion of ~~this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance.~~ such property in public storage for Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferanceaccount. 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. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable ~~for~~to Landlord for costs of removal of any such alterations and Tenant’s personal property and storage and transportation costs of same, and ~~agrees to hold~~ the cost of repairing and restoring the Premises, together with interest at the Default Rate from the date of expenditure by Landlord. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord ~~harmless from and against,~~ against all ~~liabilities, obligations, damages, penalties, claims, costs, charges and expenses~~loss or liability, including attorneys’ fees and ~~consequential damages~~costs, ~~that Landlord suffers as a result of the Holdover, including any claims made~~ resulting from delay by ~~any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth~~ Tenant in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand so surrendering the Premises~~, or extend the Term~~. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Rainmaker 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. Notwithstanding anything Subject to the ~~contrary contained in this Lease~~provisions of Section 5.7 hereof, ~~and subject to~~ on the ~~terms of this Section 21(a), prior to the expiration~~ Term Expiration Date (or earlier termination of this Lease~~, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below~~), ~~Alterations (subject~~ ▇▇▇▇▇▇ shall quit and surrender possession of the Leased Premises to ~~Section 12(a) above)~~Landlord in broom clean condition and as good order and condition as they were in on the Term Commencement Date, reasonable wear and tear, casualty damage, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, invitees and licensees excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the ~~Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)~~Leased Premises, and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such ~~removal~~ property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall ~~restore~~ apply the ~~Premises to good order and the condition existing prior to Tenant’s installation~~ proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant ~~Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to~~ under any of the terms of this Lease~~. Any of~~ ; and fourth, the ~~Tenant FFE or the Satellite System~~balance, ~~or the Building Mounted Sign or~~ if any, to Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) ~~Upon the expiration of~~ In addition, on the Term Expiration Date (or earlier termination of ~~Tenant’s right of possession~~this Lease), Tenant shall ~~surrender~~ remove, at its sole cost and expense, all of Tenant’s telecommunications lines and cabling installed by Tenant or Current Tenant, including, without limitation, any such lines and cabling installed in the ~~Premises to Landlord free~~ plenum or risers of ~~Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from,~~ the ~~Premises~~ Building in compliance with the National Electrical Code (collectively, “~~Tenant HazMat Operations~~Wires”) and ~~released of~~ repair all ~~Hazardous Materials Clearances~~damage caused thereby and restore the Leased Premises or the Building, ~~broom clean~~as the case may be, ~~ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. At least 3 months~~ to their condition existing prior to the ~~surrender~~ installation of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy Wires (“~~Surrender Plans~~Wire Restoration Work”). ~~Such Surrender Plan shall be accompanied~~ Landlord, at its option, may perform such Wire Restoration Work at Tenant’s sole cost and expense. In the event that Tenant fails to perform the Wire Restoration Work or refuses to pay all costs of the Wire Restoration Work (if performed by ~~a current listing~~ Landlord) within ten (10) days of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval Tenant’s receipt of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇notice requesting ▇▇▇▇▇▇’s ~~environmental consultant~~ reimbursement for or payment of such costs or otherwise fails to comply with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this ~~Lease (unless clearly inapplicable~~Section 5.15(b), ~~except that the Monthly Rent shall be one hundred seventy-five percent (175%)~~ Landlord may apply all or any portion of the ~~Monthly Rent payable for~~ Security Deposit toward the ~~last full month immediately preceding~~ payment of any costs or expenses relative to the ~~Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable~~ Wire Restoration Work or Tenant’s obligations under this Section 5.15(b). The retention or application of such Security Deposit (if any) by Landlord pursuant to ~~such~~ this Section 5.15(b) does not constitute a ~~tenancy at sufferance~~limitation on or waiver of Landlord’s right to seek further remedy under law or equity. ~~No Holdover or payment by Tenant after~~ The provisions of this Section 5.15(b) shall survive 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. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of ~~the Term. Any provision in~~ this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermLease. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Net Lease (Metagenomi Technologies, LLC)

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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Sublease, Subtenant shall surrender and deliver up the Premises in the condition required by Sections 5(c) and 6(c) of the Master Lease, ~~Tenant shall remove~~ with all of Subtenant’s personal furniture, fixtures and equipment (including, without limitation, all furniture, fixtures and equipment conveyed to Subtenant pursuant to the ▇▇▇▇ of Sale), and all Alterations made by or on behalf of Subtenant, removed from the Premises ~~all Tenant Improvements~~ (~~subject~~ to ~~Section 29(c) below~~the extent required by the Master Lease), provided however, that Sublandlord shall continue to be obligated to remove any Alterations (~~subject to Section 12(a~~if any) ~~above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed~~ made by ~~Tenant~~ or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months on behalf of Sublandlord prior to the ~~Expiration Date, unless~~ Effective Date of this ~~Lease is terminated following an Event of Default in which case no notice shall be required~~Sublease (to the extent required by the Master Lease) and to repair any damage to the Premises caused by such removal. ~~Tenant~~ Subtenant shall repair any damage ~~resulting from any and all such removal and shall restore~~ to the Premises caused by the removal of its furniture, fixtures and equipment (including, without limitation, all furniture, fixtures and equipment conveyed to ~~good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed~~ Subtenant pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ ~~does not return possession~~ of Sale), and the ~~Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions~~ removal of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations ~~permitted~~ made by ~~Landlord~~ or on behalf of Subtenant. If Subtenant fails to ~~remain in the Premises) at~~ remove any items of furniture, fixtures or equipment on or before the expiration or earlier termination of this Sublease, Sublandlord may, at its option, deem such items to be abandoned and may, at its option, remove the ~~Term, free from~~ same (and repair any ~~residual impact from~~ damage occasioned thereby and restore the ~~Tenant HazMat Operations~~ Premises as aforesaid at Subtenant’s cost) and ~~otherwise released~~ dispose of or ~~unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by~~ warehouse such items or ~~on behalf of any Tenant Agent with respect to the Premises~~warehouse, and ~~(ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from~~ Subtenant shall pay the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date cost of such ~~surrender~~ removal, repair, restoration, disposal or ~~early termination of~~ warehousing to Sublandlord on demand, or Sublandlord may treat such items as having been conveyed to Sublandlord with this ~~Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord,~~ Sublease acting as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by La ▇▇▇~~▇▇▇▇’s environmental consultant with respect to the surrender~~ ▇ of ~~the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”)~~sale therefor, without ~~the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject~~ further payment or credit by Sublandlord to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermSubtenant. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Sublease (Adynxx, 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall peaceably leave and surrender the Premises to Landlord broom clean and free of debris and otherwise in the condition in which the Premises are required to be maintained by the terms of this Lease, reasonable wear and tear and damage by casualty which Tenant is not obligated to restore under this Lease excepted. Tenant shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of the combinations to all locks, safes and vaults in the Premises. Tenant shall, at its expense, remove from the Premises on or prior to expiration or earlier termination of this Lease (i) all furnishings, fixtures and equipment situated thereon, (ii) those Alterations that Tenant ~~Improvements (subject~~ is required to remove pursuant to Section ~~29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)~~3.3 hereof, and ~~its FFE, partitions, and all other personal property installed by~~ (iii) those items of personalty that Tenant ~~or its assignees or subtenants~~brings into the Premises. Tenant shall ~~also cap or terminate all telephone~~not remove any equipment, ~~computer~~ conduits, fixtures, water, plumbing, electrical, heating, ventilation, air conditioning, lighting, life safety, sprinkler and ~~data connections at~~ sewer service ~~entry panels in accordance with all applicable Laws. With respect~~ to the ~~Generator~~Premises, ~~or any Tenant Improvements or Alterations~~ (except to the extent such item is an Alteration and Tenant is ~~otherwise required to remove hereunder, Landlord agrees that Tenant shall be~~ required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to ~~the terms~~ Section 3.3 hereof), all of ~~this Lease. Any of the Tenant FFE or the Satellite System~~which together with any other furnishings, ~~or the Building Mounted Sign or Tenant’s personal property~~ fixtures and equipment not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant ~~in order to surrender~~ as provided above, shall become the ~~Premises (including any Alterations permitted by~~ property of Landlord ~~to remain in the Premises) at~~ upon the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, this Lease and shall be ~~subject~~ conclusively presumed to ~~the review and approval~~ have been conveyed to Landlord under this Lease via a ▇▇▇▇ of ~~Landlord’s environmental consultant~~sale without further payment or credit by Landlord to Tenant. In ~~connection with the review and approval of the Surrender Plan, upon the request of Landlord~~addition, Tenant ~~shall deliver~~ shall, at its expense, on or prior to ~~Landlord~~ such expiration or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early earlier termination of this Lease, ~~free from~~ repair any ~~residual impact from Tenant HazMat Operations~~damage caused by such removal. ~~Tenant shall reimburse Landlord~~Any property not so removed that Landlord requires to be removed, ~~as Additional Rent, for the actual out-of-pocket expense incurred~~ may be removed by Landlord ~~for Landlord’s environmental consultant to review~~ and ~~approve the Surrender Plan~~ stored and/or retained or sold by Landlord and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice costs of such ~~election at least nine (9) months prior to~~ removal, storage and disposition as well as the ~~Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent~~ cost of repairing any damage caused by such removal, shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.be

Appears in 1 contract

Sources: Lease Agreement (AntriaBio, 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. Notwithstanding anything Subject to the ~~contrary contained in this Lease~~provisions of Section 5.7 hereof, ~~and subject to~~ on the ~~terms of this Section 21(a), prior to the expiration~~ Term Expiration Date (or earlier termination of this Lease~~, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below~~), ~~Alterations (subject~~ ▇▇▇▇▇▇ shall quit and surrender possession of the Leased Premises to ~~Section 12(a) above)~~Landlord in as good order and condition as they were in on the Term Commencement Date, reasonable wear and tear, casualty damage, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, subcontractors, invitees and licensees excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the ~~Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)~~Leased Premises, and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such ~~removal~~ property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall ~~restore~~ apply the ~~Premises to good order and the condition existing prior to Tenant’s installation~~ proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant ~~Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to~~ under any of the terms of this Lease~~. Any of~~ ; and fourth, the ~~Tenant FFE or the Satellite System~~balance, ~~or the Building Mounted Sign or~~ if any, to Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) ~~Upon the expiration of~~ In addition, on the Term Expiration Date (or earlier termination of ~~Tenant’s right of possession~~this Lease), Tenant shall ~~surrender~~ remove, at its sole cost and expense, all of Tenant’s telecommunications lines and cabling installed by Tenant, including, without limitation, any such lines and cabling installed in the ~~Premises to Landlord free~~ plenum or risers of ~~Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from,~~ the ~~Premises~~ Building in compliance with the National Electrical Code (collectively, “~~Tenant HazMat Operations~~Wires”) and ~~released of~~ repair all ~~Hazardous Materials Clearances~~damage caused thereby and restore the Leased Premises or the Building, ~~broom clean~~as the case may be, ~~ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. At least 3 months~~ to their condition existing prior to the ~~surrender~~ installation of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy Wires (“~~Surrender Plans~~Wire Restoration Work”). ~~Such Surrender Plan shall be accompanied~~ Landlord, at its option, may perform such Wire Restoration Work at Tenant’s sole cost and expense. In the event that Tenant fails to perform the Wire Restoration Work or refuses to pay all costs of the Wire Restoration Work (if performed by ~~a current listing~~ Landlord) within ten (10) days of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval Tenant’s receipt of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇notice requesting ▇▇▇▇▇▇’s ~~environmental consultant~~ reimbursement for or payment of such costs or otherwise fails to comply with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this ~~Lease (unless clearly inapplicable)~~Section, ~~except that the Monthly Rent shall be one hundred seventy-five percent (175%)~~ Landlord may apply all or any portion of the ~~Monthly Rent payable for~~ Security Deposit toward the ~~last full month immediately preceding~~ payment of any costs or expenses relative to the ~~Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable~~ Wire Restoration Work or Tenant’s obligations under this Section. The retention or application of such Security Deposit (if any) by Landlord pursuant to ~~such~~ this Section does not constitute a ~~tenancy at sufferance~~limitation on or waiver of Landlord’s right to seek further remedy under law or equity. ~~No Holdover or payment by Tenant after~~ The provisions of this Section shall survive 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. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of ~~the Term. Any provision in~~ this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermLease. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Office Building Lease (Aquinox Pharmaceuticals, Inc)

Surrender. ~~(a)~~ 24.01 On the ~~date on which~~ last day of the term of this ~~Lease expires~~ Lease, or ~~terminates~~upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall ~~return possession of~~ quit and surrender the Demised Premises to Landlord in good order, condition, and repair, except for ordinary wear and ~~tear~~tear and Tenant shall remove all of Tenant's Property therefrom except as otherwise expressly provided in this Lease and shall restore the Demised Premises wherever such removal results in damage thereto. If Tenant shall remain in possession of the Demised Premises after the end of the term of the Lease, no tenancy relationship shall be deemed to arise therefrom and any holdover shall not be construed as a consent by Landlord to the possession by Tenant of the Demised Premises beyond the Expiration Date; provided, however, such holdover shall be deemed to be a month-to-month occupancy, subject to all of the provisions, conditions, and ~~except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in~~ obligations of this Lease, ~~and subject~~ except that the fixed rent to be charged to Tenant during such holdover period shall be the ~~terms~~ 200% of ~~this Section 21(a)~~the monthly fixed rent in effect for the last month of the term of the Lease or any applicable renewal period. In addition, ~~prior~~ if Tenant fails to surrender the Demised Premises upon the expiration or earlier termination of this Lease, ~~Tenant shall remove from the Premises all Tenant Improvements (subject~~ then in addition to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all any other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises liability to Landlord ~~in the condition required under this Lease~~accruing therefrom, Tenant shall ~~pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms~~ indemnify and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and ~~against~~against any loss, ~~all liabilities~~cost, ~~obligations~~liability or expense, ~~damages~~including, ~~penalties~~without limitation, ~~claims~~reasonable attorney fees, ~~costs~~resulting from such failure to vacate, ~~charges and expenses~~including, ~~including attorneys’ fees and consequential damages, that Landlord suffers as a result~~ without limiting the generality of the ~~Holdover~~foregoing, ~~including~~ loss of future rents and any claims made by any succeeding tenant ~~based on~~ arising due to such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termfailure. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Aveta Inc)

Surrender. ~~(a) On~~ Subject to the ~~date on which~~ provisions of this Sublease, the Master Lease ~~expires or terminates, Tenant shall return possession of~~ and the ~~Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty~~ Master Sublease regarding damage or ~~other conditions that Tenant is not required~~ destruction due to ~~remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease~~casualty or condemnation, ~~and subject to the terms of this Section 21(a), prior to~~ upon the expiration or earlier termination of this ~~Lease~~Sublease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant Sublessee shall surrender the Sublease Premises broom clean and in the same condition and repair as the Sublease Premises were delivered to ~~Landlord free of Hazardous Materials brought upon~~Sublessee, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, excepting only ordinary wear and tear and ~~casualty loss~~ in compliance with the Master Lease and ~~condemnation covered~~ the Master Sublease. To the extent permitted by ~~Sections 15~~ Master Lessor and ~~16 excepted~~Master Sublessor, Sublessee shall be permitted to remove any and all of its personal property, business or trade fixtures, machinery, equipment, cabinetwork, signs, furniture and/or movable partitions. ~~At least 3 months prior~~ Furthermore, Sublessee agrees to repair any damage to the ~~surrender~~ Sublease Premises caused by or related to the removal of any articles of personal property, business or trade fixtures, machinery, equipment, cabinetwork, signs, furniture, movable partitions or permanent improvements or additions which Sublessor allows or requires Sublessee to remove, including, without limitation, repairing the floor and patching and/or painting the walls where required by Sublessor to the reasonable satisfaction of Sublessor, Master Lessor and/or Master Sublessor, all at Sublessee's sole cost and expense. Sublessee shall indemnify Sublessor against any loss or liability resulting from delay by Sublessee in so surrendering the Sublease Premises, ~~Tenant~~ including, without limitation, any claims made by the Master Lessor, Master Sublessor and/or any succeeding tenant founded on such delay. Such indemnity obligation shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at survive the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third partiesSublease. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Sublease Agreement (R2 Technology Inc)

Surrender. ~~(a) On~~ Upon the ~~date on which~~ expiration of the Term of this Lease ~~expires~~ or ~~terminates~~termination for any other reason, Tenant shall ~~return possession of~~ surrender the Premises and all Improvements and Alterations (which shall then become the property of Landlord at such time) 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 that Tenant is not required to remedy under this Lease~~any changes resulting from approved Alterations. Notwithstanding the above or anything to the contrary contained in this Lease, ~~and subject to the terms of this Section 21(a),~~ prior to the expiration or ~~earlier~~ termination of this Lease, Tenant shall remove from the Premises all ~~Tenant Improvements~~ (~~subject to Section 29(c~~a) ~~below)~~telephone, ~~Alterations (subject to Section 12(a) above)~~computer, ~~the Satellite System (subject to Section 7(e) above),~~ and other cabling installed in the Building ~~Mounted Sign~~ by Tenant, (~~subject to Section 11(b~~b) ~~above)~~Trade Fixtures, and ~~its FFE~~(c) Tenant’s goods, ~~partitions~~inventory and personal property, and if requested by Landlord, all ~~other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone~~Alterations and Improvements, ~~computer~~ and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage ~~resulting from any and all~~ caused by such removal. If such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property is not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at completed before the expiration or ~~earlier~~ termination of the Term, ~~free from any residual impact~~ Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the Rent 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 ~~HazMat Operations~~ does not pay all such costs and ~~otherwise released or unrestricted use~~ 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 ~~occupancy (“Surrender Plans”~~vest in Landlord). ~~Such Surrender Plan shall be accompanied by a current listing of (i)~~ Tenant waives all ~~Hazardous Materials licenses and permits held by~~ Claims against Landlord for any damage or ~~on behalf~~ 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 ~~Agent with respect~~ shall surrender all keys to the ~~Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released~~ Premises or ~~disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval~~ any other part of the ~~Surrender Plan, upon the request of Landlord, Tenant~~ Building and shall deliver to Landlord all keys for or ~~its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver~~ make known to Landlord ~~evidence~~ the combination of locks on all safes, cabinets and vaults that may be located in the ~~approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at~~ Premises. Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of obligations under this ~~Lease, free from any residual impact from Tenant HazMat Operations. Tenant~~ Subsection 21.1 shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after survive the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermLease. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Office Lease Agreement (Cempra Holdings, LLC)

Surrender. ~~(a) On~~ At 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 or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove tenancy created hereunder, ~~Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date~~whether by lapse of time or otherwise, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises ~~to Landlord free~~ in good condition and repair, and shall remove all of ~~Hazardous Materials brought upon~~its personal property, ~~kept~~furniture, ~~used~~fixtures, ~~stored~~and equipment, ~~handled~~and all cabling and wiring installed by or for Tenant. In addition, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at upon the expiration or earlier termination of the ~~Term~~tenancy created hereunder, ~~free from~~ Tenant shall completely sanitize the Premises per Washington State Department of Health guidelines for COVID-19. Sanitization of the Premises shall extend to any ~~residual impact from the Tenant HazMat Operations~~ and ~~otherwise released or unrestricted use~~ all parts thereof, including ventilation systems, and ~~occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf~~ clean-up and/or removal of any ~~Tenant Agent with respect~~ hazardous and/or biohazardous substance. Notwithstanding the provisions of Article 42 below, for purposes of this Section, “hazardous and/or biohazardous substance” includes any substance or material which because of their quantity, concentration, or physical, chemical, or infectious characteristics may cause or pose a present or potential hazard to ~~the Premises, and (ii) all Hazardous Materials used, stored,~~ human health when improperly handled, treated, ~~generated~~stored, ~~released~~ transported, disposed of, or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000otherwise managed. Landlord shall have the ~~unrestricted~~ right to ~~deliver such Surrender Plan~~ elect to require Tenant to remove any or all of Tenant’s Work and/or any of Tenant’s Changes or other alterations, by written notice given to Tenant not later than thirty (30) days before the scheduled Expiration Date hereof. Tenant shall comply with the requirements of Exhibit “C” attached hereto at its sole expense, including without limitation the repair of any damage occasioned by the installation, maintenance or removal of Tenant’s personal property, furniture, fixtures, equipment, cabling and wiring, as well as any ~~report~~ Tenant’s Work, Tenant’s alterations or Tenant’s Changes that Tenant is hereby required to remove, and the removal of any generators or storage tanks installed by Lor for Tenant (whether or not the installation was consented to by Landlord), and the removal, replacement, or remediation of any aspect of the Property, including but not limited to the Building, soil, material or ground water contaminated by Tenant’s Permittees, all as may then be required by applicable Laws. At Landlord’s election, ▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant ▇ shall have the ~~one-time~~ right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and perform any or all of ~~the other terms of provisions of~~ Tenant’s obligations under this ~~Lease shall apply~~paragraph, ~~except that~~ in which event Tenant shall ~~not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term.~~ reimburse Landlord’s costs incurred in connection therewith within ten (~~d) During the last ninety (90~~10) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after ~~Landlord’s entry for such purposes.~~demand by Landlord.‌

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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, ~~Tenant shall remove from~~ --------- or upon the exercise by Landlord of Landlord's right to re-enter the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under without terminating this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall will surrender the Premises to in the same condition as received or as subsequently improved by Landlord ~~free of Hazardous Materials brought upon~~or Tenant, ~~kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises~~ except for (~~collectively, “Tenant HazMat Operations”~~i) ~~and released of all Hazardous Materials Clearances, broom clean,~~ ordinary wear and tear and ~~casualty loss~~ (ii) damage by fire, earthquake, acts of God or the elements, and ~~condemnation covered by Sections 15~~ will deliver to Landlord all keys for the Premises and ~~16 excepted~~Garage and combinations to safes located in the Premises. ~~At least 3 months prior~~ Tenant will remove, or cause to be removed, from the ~~surrender~~ Premises or the Building, at Tenant's expense and as of the Expiration Date or earlier termination of this Lease, all signs (including any signs located on the Premises, i.e., building or monument signs), notices, displays, and trade fixtures of Tenant. Tenant ~~shall deliver~~ agrees to ~~Landlord a narrative description~~ repair, at Tenant's expense, any damage to the Premises or any other part of the ~~actions proposed (~~Project resulting from the removal of any articles of personal property, movable business or trade fixtures, machinery, equipment, furniture or movable partitions, including without limitation, repairing the floor and patching and painting the walls where 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 ~~under any Law)~~ to be ~~taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises)~~ removed at the expiration or earlier termination of the Term, ~~free from any residual impact~~ Landlord, may, at Landlord's option, (a) remove such property from the Premises at the expense of Tenant ~~HazMat Operations~~ and ~~otherwise released~~ sell or ~~unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing~~ dispose of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant same in such ~~additional non-proprietary information concerning Tenant HazMat Operations~~ manner as Landlord ~~shall request~~deems advisable, or (b) place such property in storage at the expense of Tenant. ~~On or before such surrender,~~ Any property of Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect remaining in the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. ten (c10) ~~If Tenant remains in possession of the Premises or any part thereof~~ days after the ~~expiration~~ Expiration Date or earlier termination of this Lease ~~(“Holdover”),~~ without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord ~~from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall~~ will be deemed to ~~authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover~~ have been abandoned by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermTenant. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

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

Surrender. ~~(a) On~~ Upon termination of the ~~date on which this Lease expires~~ Term or ~~terminates~~Tenant's right to possession of the Premises, Tenant shall return ~~possession of~~ the Premises to Landlord in good order and condition, ~~except for~~ ordinary wear and ~~tear, and except for casualty~~ damage by fire or other ~~conditions~~ casualty excepted. If, in connection with the approval of plans for any alterations, Landlord notifies Tenant in accordance with Section 12 that Landlord requires Tenant ~~is not required~~ to ~~remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease~~remove any of such alterations, ~~and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease~~then at Landlord's request, Tenant shall remove ~~from~~ the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)applicable alterations, and ~~its FFE, partitions~~the removal shall be done in a good and workmanlike manner, and ~~all other personal property installed by~~ upon the removal Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to ~~good order and the~~ its condition ~~existing~~ prior to ~~Tenant’s~~ the installation of ~~any Tenant Improvements~~ such alterations (as the case may be), in each case on or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon before the expiration of the Term or ~~earlier termination of~~ Tenant’s 's right of to possession, . Tenant shall ~~surrender~~ not, however, be obligated to remove the ~~Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises~~ Tenant Improvements (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain as defined in the ~~Premises~~Workletter Agreement) or any associated telephone, data and power wiring and cabling at the expiration or earlier termination of the Term. If Tenant does not remove the applicable alterations on or before the expiration of the Term or termination of Tenant's right to possession, ~~free from~~ then Landlord, without limiting any ~~residual impact from~~ other rights or remedies available to Landlord, may remove the ~~Tenant HazMat Operations~~ same and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to restore the Premises, and Tenant shall pay the reasonable cost of the removal and restoration to Landlord within thirty (ii30) days following Landlord's written demand. Notwithstanding the foregoing, it is understood and agreed that Tenant shall remove its FF&E (other than any associated telephone, data and power wiring and cabling installed in connection with the Tenant Improvements) from the Premises prior to termination of the Term or Tenant's right to possession of the Premises. As used herein, the term "FF&E" shall mean all ~~Hazardous Materials used~~of Tenant's furniture, ~~stored~~equipment, ~~handled~~trade fixtures, ~~treated~~and all other items of non-affixed personal property and associated telephone, ~~generated, released or disposed of~~ data and power wiring and cabling from time to time within the Premises, including without limitation, the categories of items listed in EXHIBIT I attached to this Lease. On or about the Commencement Date, Landlord and Tenant shall prepare and agree upon an updated list of the FF&E within the Premises, which shall be insured by Tenant under this Lease and shall be ~~subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan,~~ removed by Tenant upon the ~~request~~ expiration of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or ~~prevent Landlord from immediate recovery~~ Tenant's right of ~~possession of~~ possession. If Tenant does not remove the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, FF&E (other than cabling and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers wiring as ~~a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c~~described above), Tenant shall be conclusively presumed to have conveyed the ~~one-time right to elect to extend the Term for a period of three (3) months upon providing~~ same to Landlord ~~notice of such election~~ without further payment or credit by Landlord to Tenant, or at ~~least nine (9) months prior~~ Landlord's sole option and without limiting any other rights or remedies available to Landlord, the ~~Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent~~ items shall be ~~equal to 150% of the Minimum Annual Rent applicable at the last month of the Term~~deemed abandoned, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, in which event Landlord may ~~decorate~~cause the items to be removed and disposed of at Tenant's expense, ~~remodel, repair, alter or otherwise prepare~~ which shall be Landlord's reasonable cost of removal (less any net proceeds received by Landlord from the ~~Premises for occupancy~~sale thereof), without ~~affecting Tenant’s~~ notice to Tenant and without obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposescompensate Tenant.

Appears in 1 contract

Sources: Office Lease (Houghton Mifflin Co)

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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this ~~Lease~~Lease or the termination of Tenant’s right to possession of the Premises, (i) Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), quit and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return surrender possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom ~~clean~~clean and in a good condition and repair, ordinary wear and tear ~~and casualty loss and condemnation covered by Sections 15 and 16~~ excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) provide Landlord with the keys to all ~~Hazardous Materials used~~locks and the combination of all safes, ~~stored~~cabinets and vaults, ~~handled~~if any, ~~treated, generated, released or disposed of from~~ at the Premises~~, and shall be subject to the review and approval of Landlord’s environmental consultant~~. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender Before surrendering possession of the Premises to ~~third parties. (c)~~ Landlord, Tenant shall, at its expense, remove all of its furnishings, equipment, trade fixtures, merchandise, signs and other personal property, and Tenant shall promptly repair all damage to the Premises resulting from the removal of such items. If Tenant ~~remains in possession~~ fails to remove any of the foregoing items from the Premises ~~or any part thereof after~~ by the expiration or termination of this Lease ~~(“Holdover”), without~~ or the ~~written consent~~ termination of ~~Landlord, T▇▇▇▇▇~~Tenant’s ~~occupancy~~ right to possession of the ~~Premises shall be that of~~ Premises, then Landlord may, at its sole option, (i) treat Tenant as a ~~tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to~~ holdover tenant, in which event the provisions of ~~this Lease~~ Section 19.6 shall apply, or (~~unless clearly inapplicable~~ii) deem any or all of such items abandoned and dispose of same in any manner Landlord sees fit and retain all amounts received therefrom, in which event Tenant shall reimburse Landlord, upon demand, for all costs incurred by Landlord to remove and dispose of such items, including, without limitation, the cost of repairing any damage to the Premises caused by the removal of such items and storage charges (if Landlord elects to store the same), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. ~~No Holdover or payment by Tenant after~~ Upon the expiration or earlier termination of this Lease ~~shall operate~~ or the termination of Tenant’s right to ~~extend the Term or prevent Landlord from immediate recovery of~~ possession of the ~~Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed~~ Premises, Tenant shall, with reasonable diligence, remove the alterations, additions and improvements to ~~authorize Tenant to remain in occupancy of~~ the Premises ~~after the Expiration Date~~ installed by or ~~sooner termination~~ on behalf of ~~the Term. Any provision in this Lease~~ Tenant, including, but not limited to, all remove all low voltage wires, telephone and computer systems and related installations, cables and wiring, to the ~~contrary notwithstanding~~extent required by Landlord in writing, repair any ~~Holdover by Tenant shall constitute an Event~~ damage resulting from the removal of ~~Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default~~such items, and ~~Tenant shall be liable for, and agrees~~ restore the areas where the same were located to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termtheir original condition. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Franklin Financial Network 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless --------- this Lease ~~is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair~~ for any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possessionreason, Tenant shall surrender the Premises to Landlord ~~free~~ in its condition existing as of ~~Hazardous Materials brought upon~~the Commencement Date, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary normal wear and tear and damage by fire or other casualty ~~loss~~ or condemnation excepted, with all interior walls cleaned and ~~condemnation covered~~ repaired, if marked or damaged, all carpets vacuumed (but not shampooed), all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by ~~Sections 15~~ a reputable and ~~16 excepted~~licensed service firm acceptable to Landlord, and all tiled (but not concrete) floors cleaned, all to the reasonable satisfaction of Landlord. ~~At least 3 months~~ Tenant shall remove from the Premises all Tenant?s trade fixtures and personal property as required herein, and those alterations required to be removed pursuant to Section 5.E., and restore the Premises to its condition prior to ~~the surrender of the Premises~~their installation. If Tenant fails to remove any alterations and/or Tenant's trade fixtures, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premisespersonal property, and ~~(ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from~~ such failure continues after the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, ~~free from~~ Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any ~~residual impact from Tenant HazMat Operations~~portion of such property in public storage for Tenant's account. Tenant shall ~~reimburse Landlord, as Additional Rent,~~ be liable to Landlord for the ~~actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review~~ reasonable costs of removal of any such alterations and ~~approve~~ Tenant's personal property and the ~~Surrender Plan~~ reasonable storage and ~~to visit the Premises and verify satisfactory completion~~ transportation costs of the same, ~~which~~ and the reasonable cost ~~shall not exceed $5,000~~of repairing and restoring the Premises, together with interest at the interest rate from the date of expenditure by Landlord. ~~Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of~~ If the Premises ~~to third parties. (c) If Tenant remains in possession of~~ are not so surrendered at the ~~Premises or any part thereof after the expiration or~~ termination of this ~~Lease (“Holdover”)~~Lease, without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall ~~constitute an Event of Default entitling~~ indemnify Landlord ~~to exercise, without obligation to provide Tenant any notice~~ against all loss or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expensesliability, including attorneys’ ' fees and ~~consequential damages~~costs, ~~that Landlord suffers as a result of the Holdover, including any claims made~~ resulting from delay by ~~any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth~~ Tenant in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand so surrendering the Premises, ~~or extend the Term~~unless such delay is solely caused by Landlord's actions. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Navisite Inc)

Surrender. ~~(a) On~~ No act by Landlord shall be deemed an acceptance of a surrender of the ~~date on which this Lease expires or terminates~~Premises, ~~Tenant shall return possession~~ and no agreement to accept a surrender of the Premises ~~to Landlord~~ shall be valid unless it is in ~~good condition, except for ordinary wear~~ writing and ~~tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease~~signed by Landlord. ~~Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to~~ At the expiration or earlier termination of this Lease, Tenant shall ~~remove from~~ deliver to Landlord all keys (including any electronic access devices and the like) to the Premises, and Tenant shall deliver to Landlord the Premises in substantially the same condition as originally received, ordinary wear and tear excepted, provided that ordinary wear and tear shall not include repair and clean up items. By way of example, but without limitation, repair and clean up items shall include cleaning of all ~~Tenant Improvements (subject to Section 29(c) below)~~interior walls and floors, ~~Alterations (subject to Section 12(a) above)~~replacement of damaged or missing ceiling or floor tiles, window coverings or cover plates, removal of any Tenant-introduced markings, repair of all holes and gaps and repainting required thereby, the ~~Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property~~ removal of any storage tanks installed by Tenant or ~~its assignees~~ any Tenant Party, the removal and full remediation of any soil, material or ~~subtenants.~~ ground water contamination by Tenant ~~shall also cap~~ or ~~terminate all telephone, computer and data connections at service entry panels~~ any Tenant Party in accordance with all ~~applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove~~ Regulations and all requirements hereunder, ~~Landlord agrees that Tenant shall be required to remove~~ as well as the ~~same only if Landlord provides notice to Tenant to remove such items at least three (3) months~~ removal requirements below. In addition, prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or ~~earlier~~ any sooner termination ~~of Tenant’s right of possession~~thereof, (a)Tenant shall remove from the Premises all unattached trade fixtures, furniture, equipment and personal property located in the Premises, including, without limitation, phone equipment, wiring, cabling and all garbage, waste and debris, and (b) Tenant shall ~~surrender~~ repair all damage to the Premises caused by any such removal including, without limitation, full restoration of all holes and gaps resulting from any such removal and repainting required thereby. All personal property and fixtures of Tenant not so removed shall, to ~~Landlord free of Hazardous Materials brought upon~~the extent permitted under applicable Regulations, ~~kept~~be deemed to have been abandoned by Tenant and may be appropriated, ~~used~~sold, stored, ~~handled, treated, generated in~~destroyed, or ~~released or~~ otherwise disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord without notice to ~~remain in the Premises) at the expiration or earlier termination of the Term, free from~~ Tenant and without any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry account for such ~~purposes~~items.

Appears in 1 contract

Sources: Lease Agreement

Surrender. ~~(a) On~~ Upon the ~~date on which~~ expiration of this ~~Lease expires~~ Sublease, or ~~terminates, Tenant shall return~~ upon the termination of the Sublease or of the Tenant’s right to possession of the Premises or as Tenant reduces the size of the Premises, Tenant will at once surrender and deliver up the all or, as applicable, the appropriate part of the Premises, together with all improvements thereon, to Landlord in good ~~condition~~condition and repair, free of Hazardous Materials (other than routine office cleaning supplies) except ~~for ordinary~~ as caused by Landlord or Landlord's employees, agents, contractors, invitees and/or licensees, reasonable wear and ~~tear~~tear (and damage by Landlord or Prime Landlord), casualty or condemnation excepted. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ~~except for casualty damage or other conditions that~~ ventilating fixtures and equipment used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is ~~not required~~ permitted to ~~remedy under this Lease~~leave on the Premises. ~~Notwithstanding anything~~ All Alterations in or upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to ~~the contrary contained in this Lease~~Tenant. Tenant shall remove any Alterations made by Tenant, ~~and subject~~ or portion thereof, which Prime Landlord requires Landlord (or Tenant if there is a direct obligation of Tenant to Prime Landlord) to remove, pursuant to the terms of ~~this Section 21(a), prior to~~ the ~~expiration or earlier termination of this~~ Prime Lease. In any such event, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to ~~good order and the~~ their condition ~~existing~~ prior to ~~Tenant’s installation~~ the making of such Alteration, repairing any damage occasioned by such removal or restoration. If Prime Landlord requires removal of any ~~Tenant Improvements or Alterations the Satellite System~~Alteration made by Tenant, or a portion thereof as set forth above, and Tenant does not make such removal in accordance with this Section, Landlord may remove the ~~Building Mounted Sign~~ same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant, or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and warehousing on demand. Tenant shall not be required to ~~be removed pursuant~~ remove any Alterations performed by Landlord or to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of restore the Premises to ~~Landlord in the~~ their condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date making of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third partiesAlterations. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Secured Note (Gene Logic Inc)

Surrender. ~~(a) On~~ SECTION 4.01. Lessee shall on the ~~date on which this Lease expires or terminates, Tenant shall return possession~~ last day of the ~~Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage~~ term hereof or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or upon any earlier termination of this Lease, ~~Tenant shall remove from~~ or upon any entry or re-entry by Lessor upon the Demised Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to Article 19 hereof, well and truly surrender and deliver up the ~~terms~~ Demised Premises into the possession and use of ~~this Lease. Any of the Tenant FFE~~ Lessor without fraud or ~~the Satellite System~~delay and, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of subdivision (b) of Section 15.03 of this ~~Lease~~ Lease, in good order, condition and repair, reasonable wear and tear excepted, free and clear of all lettings and occupancies other than space leases and licenses then terminable at the option of the Lessor or space leases and licenses, the continuance of which Lessor shall have specifically and expressly permitted, and free and clear of all liens and encumbrances other than any created by Lessor, and other than those easements, conditions and restrictive covenants and agreements, subject to which this demise is made. SECTION 4.02. Where furnished by or at the expense of Lessee, any Sublessee, any space lessee or any licensee, furniture, trade fixtures and business equipment (~~unless clearly inapplicable)~~not constituting part of the Demised Premises) may be removed by Lessee, ~~except~~ such Sublessee, such space lessee or such licensee at or prior to the termination or expiration of this Lease, provided, however, that the ~~Monthly Rent~~ removal thereof will not structurally injure the Building or necessitate fundamental changes in or repairs to the Building. Lessee shall pay or cause to be ~~one hundred seventy-five percent (175%)~~ paid to Lessor the cost of repairing any damage arising from such removal. SECTION 4.03. Any personal property of Lessee, any Sublessee, any space lessee or of any licensee which shall remain in the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant Building after the termination or expiration ~~or termination~~ of this Lease ~~shall operate to extend~~ and the ~~Term~~ removal of Lessee, such Sublessee, such space lessee or ~~prevent Landlord~~ such licensee from ~~immediate recovery~~ the Building, may, at the option of ~~possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall~~ Lessor be deemed to ~~authorize Tenant~~ have been abandoned by Lessee, such Sublessee, such space lessee or such licensee, and either may be retained by Lessor as its property or be disposed of, without accountability, in such manner as Lessor may see fit. SECTION 4.04. Lessor shall not be responsible for any loss or damage occurring to ~~remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding~~any property owned by Lessee, any ~~Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise~~Sublessee, ~~without obligation to provide Tenant~~ any ~~notice~~ space lessee or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any ~~claims made by~~ licensee or any ~~succeeding tenant based on such delay~~occupant. SECTION 4.05. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of The provisions of this ~~Lease~~ Article 4 shall ~~apply~~survive any termination or expiration of this Lease, ~~except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior~~ including a termination pursuant to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposesprovisions of subdivision (b) of Section 15.03 of this Lease.

Appears in 1 contract

Sources: Indenture of Lease (Empire State Realty OP, L.P.)

Surrender. ~~(a) On~~ Upon expiration or sooner termination of the ~~date on which this Lease expires~~ Term or ~~terminates~~Tenant's right to possession of the Premises, Tenant shall return ~~possession of~~ the Premises to Landlord in ~~good condition~~substantially the same order and condition when received, except ~~for~~ for, ordinary wear and ~~tear, and except for casualty~~ damage by fire or other ~~conditions~~ casualty or any other damage that Tenant ~~is not required~~ has no obligation to ~~remedy under this Lease~~repair. ~~Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease,~~ Tenant shall remove ~~from~~ any of the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign initial improvements required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein shall be deemed abandoned, and LandlordExhibit B hereof, at ~~Tenant’s~~ its sole costs and --------- expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, and restore any areas damaged by such removal to a reasonably good condition consistent with the required condition of the balance of the Premises under this paragraph. If Landlord requires Tenant to remove any alterations pursuant to Section 9, then such removal shall be done in a good and workmanlike manner; and upon such removal Tenant shall ~~deliver~~ restore the Premises to its condition prior to the installation of such alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and restore the Premises; and Tenant shall pay the cost of such removal and restoration to Landlord ~~a narrative description~~ upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Premises prior to termination of the ~~actions proposed (~~Term or ~~required under any Law)~~ Tenant's right to possession of the Premises. If Tenant does not remove such items, Tenant shall be ~~taken by Tenant in order~~ conclusively presumed to ~~surrender~~ have conveyed the ~~Premises (including any Alterations permitted~~ same to Landlord without further payment or credit by Landlord to ~~remain in the Premises)~~ Tenant; or at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord~~’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant~~ 's sole option such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein items shall be deemed abandoned, in which event Landlord may cause such items to ~~authorize~~ be removed and disposed of at Tenant's expense, which shall be 115% of Landlord's actual cost of removal, without notice to Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, and without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termcompensate Tenant. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Industrial Lease (Silicon Gaming 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease for any reason; Tenant shall surrender the Premises to Landlord in its condition existing as of the commencement date under the Proxim Sublease as to Building A and Building B, or the Commencement Date under this Lease, as to Building C, as the case may be, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the elevators, plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, the HVAC equipment serviced and repaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, Tenant’s personal property and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s ~~installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign~~ alterations required to be removed pursuant to Section 5E, and restore the ~~terms~~ Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant’s personal property, and such failure continues after the termination of this Lease~~. Any~~ , Landlord may retain or dispose of ~~the~~ such property and all rights of Tenant ~~FFE or the Satellite System~~with respect to it shall cease, or ~~the Building Mounted Sign~~ Landlord may place all or any portion of such property in public storage for Tenant’s account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant’s personal property ~~not removed or restored as required herein shall be deemed abandoned~~and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the date of expenditure by Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and retain such property as its property or sell such property and keep the proceeds. If ~~T▇▇▇▇▇ does not return possession of~~ the Premises ~~to Landlord in~~ are not so surrendered at the ~~condition required under~~ termination of this Lease, Tenant shall ~~pay~~ indemnify Landlord against all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term loss or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expensesliability, including attorneys’ fees and ~~consequential damages~~costs, ~~that Landlord suffers as a result of the Holdover, including any claims made~~ resulting from delay by ~~any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth~~ Tenant in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand so surrendering the Premises~~, or extend the Term~~. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Sublease (Vitria Technology Inc)

Surrender. ~~(a)~~ Section 21.01. On the ~~date on which~~ Expiration Date or upon sooner termination of this Lease ~~expires~~ or ~~terminates~~upon any re-entry by Landlord upon the Premises, Tenant ~~shall return possession of~~ shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good ~~condition~~order, 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 this Lease. Notwithstanding anything to~~ insured casualty, together with all Improvements which have been made upon the ~~contrary contained~~ Premises (except as otherwise provided for in this Lease). Tenant may remove from the Real Property any or all of Tenant's Property, the UPS system and/or the Generator and the Antenna and shall remove all personal property and personal effects of all persons claiming through or under Tenant, and ~~subject~~ shall repair all damage to the ~~terms~~ Premises and the Real Property occasioned by such removal, or in the alternative elect to pay Landlord the cost if repair of such damage. Section 21.02. 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 similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Article. Section ~~21(a), prior to~~ 21.03. Any personal property which shall remain in the ~~expiration or earlier~~ Premises after the termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein shall be deemed ~~abandoned,~~ to have been abandoned and ~~Landlord, at Tenant’s expense,~~ either may ~~remove, store, sell~~ be retained by Landlord as its property or ~~otherwise dispose~~ may be disposed of ~~such property~~ in such manner as Landlord may see ~~fit and retain such property as its property or sell such property and keep~~ fit; provided, however, that notwithstanding the ~~proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease~~foregoing, Tenant ~~shall pay~~ will, upon request of Landlord ~~all resulting actual damages Landlord may incur. Tenant’s failure to comply with~~ made not later than 20 days after the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the ~~Term~~Lease, ~~free from any residual impact~~ promptly remove from the ~~Tenant HazMat Operations~~ Building any personal property at Tenant's own cost and ~~otherwise released~~ expense. If such personal property or ~~unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan~~ any part thereof shall be ~~accompanied by a current listing~~ sold, Landlord may receive and retain the proceeds of ~~(i) all Hazardous Materials licenses~~ such sale and ~~permits held by or on behalf~~ apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any ~~Tenant Agent with respect~~ damages to ~~the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and~~ which Landlord may be entitled. Any excess proceeds shall be ~~subject to~~ the ~~review and approval~~ property of Landlord~~’s environmental consultant~~. ~~In connection with~~ Any expense incurred by Landlord in removing or disposing of such personal property shall be reimbursed to Landlord by Tenant as Additional Rent on demand. Section 21.04. If the ~~review and approval of the Surrender Plan,~~ Premises are not surrendered upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that date which is three (3) months after the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, ~~free~~ in addition to Landlord's other remedies hereunder, Tenant hereby indemnifies Landlord and holds it harmless against any loss and/or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any ~~residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord~~claims made by any succeeding tenant or prospective tenant founded upon such delay, ~~as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant~~ or any loss of a prospective tenancy relating to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such ~~Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties~~delay. ~~(c) If~~ Section 21.05. In the event Tenant remains in possession of the Premises ~~or any part thereof~~ after the ~~expiration or~~ termination of this Lease ~~(“Holdover”),~~ without the ~~written consent~~ execution of a new lease, Tenant, at the option of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to ~~authorize Tenant to remain in occupancy of~~ be occupying the Premises ~~after the Expiration Date or sooner termination of the Term. Any provision in this Lease~~ as a tenant from month to month, at a monthly rental equal to the ~~contrary notwithstanding, any Holdover by Tenant shall constitute an Event~~ greater of ~~Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of~~ 1-1/2 times the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Fixed Rent ~~shall be equal to 150% of the Minimum Annual~~ plus Additional Rent ~~applicable at~~ payable during the last month of the ~~Term~~Term and the then fair market value of the Premises as reasonably determined by Landlord, ~~and~~ subject to all of the other terms of ~~provisions~~ this Lease Insofar as the same are applicable to a month-to-month tenancy. Section 21.06. Tenant's obligations under this Article shall survive the termination of this ~~Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term~~Lease. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Instinet Group LLC)

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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, ~~Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below)~~whether by forfeiture, Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant lapse of time or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generatorotherwise, or ~~any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove~~ upon the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right to possession of ~~possession~~the Leased Premises, Tenant ~~shall~~ will at once surrender and deliver up the ~~Premises~~ Leased Premises, together with all improvements thereon, to Landlord ~~free of Hazardous Materials brought upon~~in good condition and repair, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary reasonable wear and tear excepted, and ~~casualty loss~~ in broom clean condition. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ~~condemnation covered by Sections 15~~ ventilating fixtures and ~~16 excepted. At least 3 months prior to~~ equipment used in the ~~surrender~~ operation of the Leased Premises, together with all duct work. All additions, hardware, non‑trade and trade fixtures and all other improvements, in or upon the Leased Premises placed there by Tenant, including those portions of Leasehold Work noted on Exhibit E as being removed by Tenant shall ~~deliver to Landlord a narrative description of the actions proposed (or required under any Law) to~~ remain Tenant’s property and may be ~~taken~~ removed by Tenant ~~in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact~~ from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, Leased Premises upon ~~the request of Landlord, Tenant shall deliver to Landlord or its consultant~~ such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease by lapse of time or otherwise; provided, however, that (~~“Holdover”)~~i) Tenant shall pay the cost of such removal, ~~without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises~~ (ii) Tenant shall be ~~that of a tenancy at sufferance. Tenant’s occupancy during~~ responsible for repairing any ~~Holdover period shall otherwise be subject~~ damage caused to the ~~provisions~~ Leased Premises in connection with such removal on demand, and (iii) all electrical, plumbing, and heating outlets shall be allowed to remain in place. If the Tenant fails to remove such alterations, decorations, additions and improvements and restore the Leased Premises, then upon the expiration of this Lease ~~(unless clearly inapplicable)~~or upon Tenant’s vacating the Premises prior to such expiration, ~~except that~~ all such alterations, decorations, additions and improvements shall become, at Landlord’s option, the ~~Monthly Rent shall be one hundred seventy-five percent (175%)~~ property of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall ~~be liable for~~pay the cost of such removal, delivery, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing warehousing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termon demand. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Tpi Composites, Inc)

Surrender. ~~(a) On~~ All Alterations made by Tenant during the ~~date on which~~ term of the Sublease shall be the property of Tenant but shall be considered a part of the Premises, shall become the property of Landlord at the end of the Term, and Tenant shall have no obligation to remove such Alterations at the end of the Term. Subject to Landlord’s right to require removal or to elect ownership of Alterations made during the Term as provided in Section 12.1, all Alterations made by Tenant to the Premises during the Term shall be the property of Tenant, but shall be considered to be a part of the Premises. If pursuant to Section 12.1 Landlord has agreed or is deemed to have agreed that Tenant will not be obligated to remove an Alteration made during the Term at the end of the Term, such Alteration made during the term of this Lease ~~expires or terminates, Tenant~~ shall ~~return possession~~ become the property of Landlord at the end of the ~~Premises~~ Term. If pursuant to ~~Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that~~ Section 12.1 Tenant is ~~not required~~ obligated to ~~remedy under this Lease. Notwithstanding anything to~~ remove an Alteration made during the ~~contrary contained in this Lease, and subject to~~ Term at the ~~terms~~ end of ~~this Section 21(a), prior to~~ the ~~expiration or earlier termination of this Lease~~Term, Tenant shall remove ~~from~~ the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months Alteration prior to the ~~Expiration Date, unless this Lease is terminated following an Event~~ end of ~~Default in which case no notice~~ the Term and any damages caused by such removal shall be ~~required~~repaired by Tenant at Tenant’s sole expense. On the last day of the Term hereof, or on any sooner termination, Tenant shall surrender the Premises (including, but not limited to, all doors, windows, floors and floor coverings, skylights, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, electrical systems, lighting facilities, sprinkler systems, fire detection systems and nonstructural elements of the exterior walls, foundation and roof (collectively the “Elements of the Premises”)) to Landlord in the same condition as received, ordinary wear and tear and casualty damage excepted, clean and free of debris and Tenant’s personal property, trade fixtures and equipment. Tenant’s personal property shall include all computer wiring and cabling installed by Tenant. Provided, however, if Landlord has not elected to have Tenant remove the Alterations, Tenant shall leave the Alterations at the Premises in good condition and repair, ordinary wear and tear excepted. Tenant shall repair any damage ~~resulting from any and all such removal and shall restore~~ to the Premises ~~to good order and~~ occasioned by the ~~condition existing prior to~~ installation or removal of Tenant’s ~~installation~~ trade fixtures, furnishings and equipment. Damage to or deterioration of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession Element of the Premises or any other item Tenant is required to ~~Landlord in~~ repair or maintain at the ~~condition required under this Lease, Tenant~~ Premises shall ~~pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also~~ not be deemed ~~an Event of Default~~ ordinary wear and tear if the same could have been prevented by good maintenance practices. If the ~~Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon~~ Premises are not surrendered at the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to in accordance with the provisions of this ~~Lease (unless clearly inapplicable)~~section, ~~except that the Monthly Rent~~ at Landlord’s option, Tenant shall continue to be ~~one hundred seventy-five percent (175%) of the Monthly Rent payable~~ responsible for the ~~last full month immediately preceding the Holdover, plus~~ payment of Base Rent and all other ~~charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of~~ amounts due under this Lease ~~shall operate to extend the Term or prevent Landlord from immediate recovery of possession of~~ until the Premises ~~by summary proceedings or otherwise~~are so surrendered in accordance with said provisions. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall ~~constitute an Event of Default entitling Landlord to exercise~~indemnify, ~~without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default,~~ defend and ~~Tenant shall be liable for, and agrees to~~ hold Landlord harmless from and ~~against,~~ against any and all ~~liabilities, obligations,~~ damages, ~~penalties, claims~~expenses, costs, ~~charges and~~ losses or liabilities arising from any delay by Tenant in so surrendering the Premises including, without limitation, any damages, expenses, ~~including attorneys’ fees and consequential damages~~costs, ~~that~~ losses or liabilities arising from any claim against Landlord ~~suffers as a result of the Holdover, including any claims~~ made by any succeeding tenant ~~based~~ or prospective tenant founded on or resulting from such ~~delay. Notwithstanding anything~~ delay and losses and damages suffered by Landlord due to ~~the contrary set forth in this Section 21(c), Tenant shall have the one-time right~~ lost opportunities to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% lease any portion of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises ~~for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply~~ to any ~~acts~~such succeeding tenant or prospective tenant, ~~omissions or events within the Premises that arise on~~ together with, in each case, actual attorneys’ fees and ~~after Landlord’s entry for such purposes~~costs.

Appears in 1 contract

Sources: Standard Industrial Lease (Intuity Medical, 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, ~~free from~~ or at any ~~residual impact~~ other time at which the Landlord, by virtue of any provision of this Agreement or otherwise has the right to re-enter and re-take possession of the Leased Premises, the Tenant shall surrender possession of the Leased Premises; remove from the Leased Premises all property owned by the Tenant ~~HazMat Operations~~ or anyone else other than the Landlord; remove all cabling, hardware and ~~otherwise released~~ equipment from the ceiling plenum spaces, and/or concealed in wall cavities, including cabling related to the Tenant’s movable wall systems or ~~unrestricted use~~ partition office furniture and ~~occupancy~~ IT and telecommunications systems, without damaging existing infrastructure and pathways that may support fire alarm systems, lighting systems, electrical systems, fire protection systems, and/or HVAC systems, that the Landlord may request by notice (~~“Surrender Plans”~~electrical receptacles shall remain in place in all full height partition walls)~~. Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held~~ ; remove from the Leased Premises or any Common Facilities any alterations, improvements or other modifications made to the Leased Premises or in the Common Facilities by or on behalf of ~~any~~ the Tenant ~~Agent with respect~~ that the Landlord may request by notice; upon such removal restore the Leased Premises to its condition prior to the installation of such alterations, improvements or other modifications and repair any damage occasioned by such removal and restoration; clean the Leased Premises; leave the Leased Premises in as good order and condition as it was upon the completion of any improvements contemplated by section 5 of this Agreement, ordinary wear and use excepted (~~ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be~~ subject to the ~~review and approval of Landlord’s environmental consultant. In connection with the review and approval~~ right of the ~~Surrender Plan, upon the request of~~ Landlord, as stated above, to require the Tenant ~~shall deliver~~ to ~~Landlord~~ remove from the Leased Premises any alterations, improvements or ~~its consultant such additional non-proprietary information concerning Tenant HazMat Operations as~~ other modifications to the Leased Premises and perform any restoration and repairs); return all copies of all keys and passes to the Leased Premises, the Common Facilities and the Building to the Landlord; and receive the Landlord's written acceptance of the Tenant's surrender. The Landlord shall ~~request. On or before such surrender, Tenant shall deliver~~ not be deemed to ~~Landlord evidence that~~ have accepted the ~~approved Surrender Plan shall have been satisfactorily completed~~ Tenant's surrender of the Leased Premises unless and until the Landlord shall have executed and delivered the ~~right, subject~~ Landlord's written acceptance of surrender to ~~reimbursement at~~ the Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which ~~cost~~ shall not ~~exceed $5,000~~be unreasonably withheld or delayed. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Y-mAbs Therapeutics, Inc.)

Surrender. ~~(a) On~~ At the ~~date on which~~ termination of this ~~Lease expires~~ Lease, by lapse of time or ~~terminates~~otherwise, Tenant shall ~~return~~ surrender possession of the Premises to Landlord and deliver all keys to the Premises and all locks therein to Landlord and make known to Landlord the combination of all combination locks in ~~good condition, except for ordinary wear and tear~~the Premises, and ~~except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease~~shall, ~~and~~ subject to ~~the terms of this Section 21(a)~~Articles 12 and 13, prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return ~~possession of~~ the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “~~Tenant HazMat Operations”) and released of all Hazardous Materials Clearances,~~ broom clean” condition and in as good condition as when Tenant originally took possession, ordinary wear and tear and ~~casualty loss~~ repairs which are not Tenant's obligation under this Lease excepted, and ~~condemnation covered~~ shall remove (i) all of Tenant’s movable machinery, equipment, furniture and trade fixtures and other personal property (collectively, “Tenant Personalty”), (ii) all Specialty Alterations, as defined below, and (iii) all telecommunication, computer and other cabling installed by ~~Sections 15~~ or for Tenant in the Premises or elsewhere in the Building, unless such cabling is appropriately labeled or tagged at both ends (in which event such cabling may be left in place whether or not such cabling is located within the Premises or elsewhere in the Building). If Tenant fails to surrender possession of the Premises in the foregoing condition, Landlord may restore the Premises to such condition and ~~16 excepted~~Tenant shall pay the actual, reasonable cost thereof to Landlord on demand. ~~At least 3 months prior~~ With respect to any Tenant Personalty remaining on the Premises following surrender (or termination) of possession of the Premises, ~~Tenant shall deliver~~ Landlord may, without liability to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the TermLandlord, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of elect to: (i) ~~all Hazardous Materials licenses and permits held by or on behalf~~ retain such property, in which event this Lease shall act as a ▇▇▇▇ of ~~any Tenant Agent with respect to the Premises~~sale therefor, ~~and~~ (ii) ~~all Hazardous Materials used~~discard any such property (including, ~~stored~~without limitation, ~~handled~~files, ~~treated~~computers and confidential information and documentation) in any manner Landlord deems appropriate, ~~generated~~including, ~~released~~ without limitation, document destruction; and/or (iii) if any property consists of large pieces of furniture (including modular furniture) or ~~disposed of from~~ files containing confidential information, then Landlord leave such property within the ~~Premises~~Premises and treat Tenant as "holding over" as more fully set forth below; provided, ~~and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval~~ without limitation of the ~~Surrender Plan, upon~~ generality of the ~~request of Landlord~~foregoing, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may not be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in ~~possession of the Premises or any part thereof after the expiration or termination of~~ “hold over” under this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers merely as a result of its failure to remove a de minimis amount of Tenant Personalty from the ~~Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to~~ Premises at the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% end of the ~~Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this~~ Lease ~~shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the~~ Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Office Lease (Schrodinger, 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. Notwithstanding anything Subject to the ~~contrary contained in this Lease~~provisions of Section 5.07 hereof, ~~and subject to~~ on the ~~terms of this Section 21(a), prior to the expiration~~ Term Expiration Date (or earlier termination of this Lease), Tenant shall quit and surrender possession of the Leased Premises to Landlord in as good order and condition as they were in on the Term Commencement Date, reasonable wear and tear, taking by condemnation, casualty and repairs which are Landlord's responsibility excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove ~~from~~ all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)Leased Premises, and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage to the Project resulting from ~~any and all~~ such ~~removal and shall restore the Premises to good order~~ removal. Any such property not removed by Tenant following Tenant's vacation and the ~~condition existing prior~~ Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant~~’s installation~~ . Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant ~~Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to~~ under any of the terms of this Lease~~. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of fromfourth, the ~~Premises (collectively~~balance, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth belowif any, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third partiesTenant. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Temporary Occupancy Agreement (Personify Inc)

Surrender. ~~(a)~~ On the ~~date on which~~ last day of the Term of this Lease ~~expires~~ or ~~terminates~~upon the earlier termination thereof for any reason, Tenant ~~shall return possession of~~ will peaceably and quietly surrender the Premises in good order, condition, and repair, broom-clean, reasonable wear and tear and casualty excepted, and will surrender all keys to the Premises to Landlord at the place then fixed for the payment of rent and will inform Landlord of all combinations on locks, safes and vaults, if any, in ~~good condition~~the Premises. All improvements, ~~except for ordinary wear~~ alterations, or additions, whether temporary or permanent, made in or upon the Premises, either by Landlord or Tenant, will be deemed a part of the Building and ~~tear,~~ the property of Landlord and ~~except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to~~ will remain upon and be surrendered with the ~~contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to~~ Premises at the expiration or earlier termination of this ~~Lease~~Lease without compensation to Tenant. However, Landlord may, at its option, require that Tenant ~~shall~~ remove ~~from the Premises~~ any or all ~~Tenant Improvements (subject to Section 29(c) below)~~improvements, Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generatoralterations, or ~~any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder~~additions (excluding Landlord’s Work, ~~Landlord agrees that Tenant~~ which shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration ~~or earlier termination~~ of the ~~Term, free from any residual impact from the~~ term or such other time at which Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect ceases to possess the Premises, and ~~(ii) all Hazardous Materials used~~restore the Premises to their prior condition; provided, ~~stored~~however, ~~handled~~that Tenant shall only be required to remove such alterations, ~~treated~~improvements or additions if, ~~generated, released or disposed of from~~ at the ~~Premises, and shall be subject to the review and approval~~ time of Landlord’s ~~environmental consultant~~consent to such alterations, improvements or additions, Landlord advised Tenant in writing that the same must be so removed. ~~In connection with the review and approval of the Surrender Plan, upon the request of Landlord,~~ Tenant shall ~~deliver to Landlord or its consultant such additional non-proprietary information concerning~~ remove all furniture, movable trade fixtures, and equipment installed by Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease. All such removals will be accomplished in a workmanlike manner so as not to damage the Premises or the Building, ~~free from any residual impact from~~ including the structure or structural qualities of the Building or the plumbing, electrical lines, or other utilities. Any such furniture, movable trade fixtures, and equipment not promptly removed by Tenant ~~HazMat Operations~~shall, at Landlord’s option be deemed conclusively to have been abandoned by Tenant and may be appropriated, sold, destroyed, or otherwise disposed of by Landlord without notice to Tenant or obligation to compensate Tenant or to account therefor. Tenant ~~shall reimburse~~ will pay Landlord, ~~as Additional Rent~~on demand, ~~for the~~ all reasonable and actual ~~out-of-pocket expense~~ costs incurred by Landlord ~~for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000~~in connection with such abandonment. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the The foregoing provisions will survive expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermLease. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Sonic Foundry Inc)

Surrender. ~~(a)~~ On ~~the date on which~~ expiration or early termination of this ~~Lease expires or terminates~~Lease, Tenant shall ~~return possession~~ deliver all keys to Landlord, have final utility readings made and pay all utility accounts current on the date of move out, and surrender the Premises ~~to Landlord~~ clean and free of debris inside and out, with all mechanical, electrical, and plumbing systems in good operating condition, ~~except~~ all signing removed and defacement corrected, all repairs called for ~~ordinary wear~~ under this Lease completed, all interior walls repaired if damaged, all broken, marred or nonconforming acoustical ceiling tiles replaced, all interior windows washed, the plumbing and ~~tear~~electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, and ~~except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything~~ all floors cleaned, all to the ~~contrary contained in this Lease, and subject to the terms~~ reasonable satisfaction of ~~this Section 21(a),~~ Landlord. Also prior to the expiration or earlier termination of ~~this Lease, Tenant shall remove from~~ the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenantsLease Term. Tenant ~~shall also cap or terminate~~ shall, at its sole cost and expense, remove all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property ~~not removed or restored as required herein~~ from the Premises. The Premises shall be ~~deemed abandoned~~delivered in the same condition as at the Commencement Date, subject only to damage by casualty, the provisions of Paragraphs 6.4, 6.5, 6.6 and 17.2 and depreciation and wear from ordinary use. Tenant shall remove all of its furnishings and trade fixtures that remain its property and restore all damage resulting from such removal. Failure to remove said property shall be an 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~~ permitted under law without liability, and ~~retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises~~ 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 ail such expenses and fees at the interest rate provided in ~~the condition required under this Lease~~Paragraph 25.2, ~~Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions~~ The provisions of this ~~Section 21(a~~Paragraph 17.1 (including, without limitation, all provisions referenced herein) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at survive the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Sublease (Minerva Surgical 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 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. Notwithstanding anything to the contrary contained in term of this Lease, ~~and subject to~~ or upon the ~~terms of this Section 21(a), prior to the expiration or~~ earlier termination of this Lease, ~~Tenant~~ Lessee shall ~~remove from~~ peaceably surrender the Premises ~~all Tenant Improvements (subject~~ to ~~Section 29(c) below)~~Lessor in good order, ~~Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)~~repair, and ~~its FFE~~condition at least equal to the condition when delivered to Lessee, ~~partitions~~excepting only reasonable wear and tear resulting from normal use, and ~~all~~ damage by fire or other casualty covered by the insurance carried by Lessor. All movable fixtures, office equipment, and other personal property ~~installed by Tenant or its assignees or subtenants. Tenant~~ of Lessee shall ~~also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to~~ remain the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event property of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein shall be deemed abandonedLessee, 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon upon the expiration ~~of the Term~~ date or earlier termination of ~~Tenant’s right of possession, Tenant shall surrender~~ this Lease may be removed from the Premises by Lessee, subject, however, to ~~Landlord free of Hazardous Materials brought upon~~Lessor's lien for rent; provided, ~~kept~~however, ~~used, stored, handled, treated, generated in, or released or disposed of from, the Premises~~ that Lessee shall repair and restore in a good and workmanlike manner (~~collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary~~ reasonable wear and tear excepted), any damage to the Premises or the Building caused by such removal. Any of such movable fixtures, office equipment and ~~casualty loss and condemnation covered~~ other personal property no so removed by ~~Sections 15 and 16 excepted. At least 3 months~~ Lessee at or prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration date or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall ~~operate~~ become the property of Lessor. All other property as a part of the premises attached or affixed to ~~extend~~ the ~~Term~~ floor, wall, or ~~prevent Landlord from immediate recovery of possession~~ ceiling of the Premises (including wall-to-wall carpeting, paneling, or other wall covering) are the property of Lessor and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease by ~~summary proceedings~~ lapse of time or otherwise~~. Nothing contained herein shall be deemed~~ , Lessee hereby waiving all rights to ~~authorize Tenant to remain in occupancy of the Premises after the Expiration Date~~ any payment or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delaycompensation therefor. Notwithstanding anything herein to the ~~contrary set forth in this Section 21(c)~~contrary, Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% Lessee's surrender of the ~~Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease~~ Premise shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s in no way affect Lessee's obligation to pay ~~Rent for~~ rent to the ~~Premises~~date of expiration of this Lease, ~~however, T▇▇▇▇▇’s indemnification obligations shall~~ whether or not ~~apply to any acts, omissions or events within~~ the amount of such obligation has been ascertained either as of the date Lessee surrenders the Premises ~~that arise on and after Landlord’s entry for such purposes~~or as of the date of expiration of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Exe 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, ~~Tenant shall remove from~~ --------- or upon the exercise by Landlord of Landlord's right to re-enter the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under without terminating this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall will surrender the Premises to in the same condition as received or as subsequently improved by Landlord ~~free of Hazardous Materials brought upon~~or Tenant, ~~kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises~~ except for (~~collectively, “Tenant HazMat Operations”~~i) ~~and released of all Hazardous Materials Clearances, broom clean,~~ ordinary wear and tear and ~~casualty loss~~ (ii) damage by fire, earthquake, acts of God or the elements, and ~~condemnation covered by Sections 15~~ will deliver to Landlord all keys for the Premises and ~~16 excepted~~Garage and combinations to safes located in the premises. ~~At least 3 months prior~~ Tenant will remove, or cause to be removed, from the ~~surrender~~ Premises or the Building, at Tenant's expense and as of the Expiration Date or earlier termination of this Lease, all signs (including any signs located on the Premises, i.e., building or monument signs), notices, displays, and trade fixtures of Tenant. Tenant ~~shall deliver~~ agrees to ~~Landlord a narrative description~~ repair, at Tenant's expense, any damage to the Premises or any other part of the ~~actions proposed (~~Project resulting from the removal of any articles of personal property, movable business or trade fixtures, machinery, equipment, furniture or movable partitions, including without limitation, repairing the floor and patching and painting the walls where 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 ~~under any Law)~~ to be ~~taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises)~~ removed at the expiration or earlier termination of the Term, ~~free from any residual impact~~ Landlord, may, at Landlord's option, (a) remove such property from the Premises at the expense of Tenant ~~HazMat Operations~~ and ~~otherwise released~~ sell or ~~unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing~~ dispose of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant same in such ~~additional non-proprietary information concerning Tenant HazMat Operations~~ manner as Landlord ~~shall request~~deems advisable, or (b) place such property in storage at the expense of Tenant. ~~On or before such surrender,~~ Any property of Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect remaining in the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. ten (c10) ~~If Tenant remains in possession of the Premises or any part thereof~~ days after the ~~expiration~~ Expiration Date or earlier termination of this Lease ~~(“Holdover”),~~ without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord ~~from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall~~ will be deemed to ~~authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover~~ have been abandoned by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the TermTenant. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust 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. Notwithstanding anything Subject to the ~~contrary contained in this Lease~~provisions of Section 5.07 hereof, ~~and subject to~~ on the ~~terms of this Section 21(a), prior to the expiration~~ Term Expiration Date (or earlier termination of this Lease~~, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below~~), ~~Alterations (subject~~ ▇▇▇▇▇▇ shall quit and surrender possession of the Leased Premises to ~~Section 12(a) above)~~Landlord in as good order and condition as they were in on the Term Commencement Date, reasonable wear and tear, casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall, without cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the ~~Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above)~~Leased Premises, and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant by the Term Expiration Date (or earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such ~~removal~~ property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with applicable law, without notice to or demand upon Tenant. Landlord shall ~~restore~~ apply the ~~Premises to good order and the condition existing prior to Tenant’s installation~~ proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant ~~Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to~~ under any of the terms of this Lease~~. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of fromfourth, the ~~Premises (collectively~~balance, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. At least 3 months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth belowif any, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third partiesTenant. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Term. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Office Building Net Lease (Evolve Software Inc)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this Lease, Tenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or Lease for any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the terms of this Lease. Any of the Tenant FFE or the Satellite System, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possessionreason, Tenant shall surrender the Premises to Landlord ~~free~~ in its condition existing as of ~~Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed~~ the date Landlord delivers possession of ~~from,~~ the Premises ~~(collectively~~to Tenant, ~~“Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary~~ normal wear and tear and damage by fire or other casualty ~~loss~~ excepted, with all interior walls repaired if damaged, all broken acoustical ceiling tiles replaced, all windows washed, the plumbing and ~~condemnation covered~~ electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and repaired by ~~Sections 15~~ a reputable and ~~16 excepted~~licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. ~~At least 3 months~~ Tenant shall remove from the Premises and the Project all of Tenant’s trade fixtures, furniture, moveable equipment and other personal property, and any Work which Landlord elects to be removed pursuant to Section 5.D, and shall restore the Premises to their condition prior to their installation, including, without limitation, repairing all damage caused by the ~~surrender~~ installation or removal of any of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be liable to Landlord for the costs of: (i) removal of any such Work or personal property, (ii) storage, transportation, and disposition of the same, and (iii) repair and restoration of the Premises, ~~Tenant shall deliver to Landlord a narrative description~~ together with interest thereon at the Interest Rate from the date of ~~the actions proposed (or required under any Law) to be taken~~ expenditure by ~~Tenant in order to surrender~~ Landlord. In addition, if the Premises ~~(including any Alterations permitted by Landlord to remain in the Premises)~~ are not so surrendered at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, ~~free from any residual impact from Tenant HazMat Operations.~~ Tenant shall ~~reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by~~ indemnify Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises against all loss or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expensesliability, including reasonable attorneys’ fees and ~~consequential damages~~costs, ~~that Landlord suffers as a result of the Holdover, including any claims made~~ resulting from delay by ~~any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth~~ Tenant in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand so surrendering the Premises~~, or extend the Term~~. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease (Pericom Semiconductor Corp)

Surrender. ~~(a) On the date on which this Lease expires or terminates, Tenant~~ LESSEE 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. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to at the expiration or ~~earlier~~ other termination of this Lease remove all of LESSEE's personal property, goods and effects from the Leased Premises. LESSEE shall deliver to LESSOR the Leased Premises and all keys, locks, thereto, and other fixtures and equipment connected therewith (excluding LESSEE's trade fixtures and equipment) and all alterations, additions and improvements made to or upon the Leased Premises, including but not limited to any plumbing and plumbing fixtures, air conditioning equipment and ductwork of any type, hoods, exhaust fans or heaters, water coolers, burglar alarms, telephone wiring, telephone equipment, wooden or metal shelving which has been bolted, welded or otherwise attached to any concrete or steel member of the Building, compressors, air or gas distribution piping, and all electrical work, including but not limited to lighting fixtures of any type, wiring, conduit, EMT, distribution panels, bus ducts, raceways, outlets and disconnects.. Notwithstanding any contrary provision of this Lease, ~~Tenant~~ at the end of the Lease Term, and absent any default, LESSEE shall have the right to remove from the Leased Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), its trade fixtures and ~~its FFE, partitions, and all other~~ personal property and any fixtures, alterations, additions and improvements installed by ~~Tenant~~ LESSEE or ~~its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer~~ at LESSEE's cost and ~~data connections at service entry panels in accordance with all applicable Laws. With respect~~ expense subsequent to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Commencement Date, ~~unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant~~ including without limitation the fixtures and equipment listed on Exhibit F hereto, provided that LESSEE shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to Tenant’s installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign required to be removed pursuant to the ~~terms of this Lease~~Leased Premises caused thereby. ~~Any of~~ LESSEE shall deliver the ~~Tenant FFE or~~ Leased Premises in as good conditions as existed on the ~~Satellite System~~Commencement Date, or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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 retain such property as its property or sell such property and keep the proceeds. If T▇▇▇▇▇ does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (collectively, “Tenant HazMat Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary reasonable wear and tear and damage by fire, eminent domain, or other casualty ~~loss and condemnation covered by Sections 15 and 16~~ only excepted. ~~At least 3 months prior~~ In the event of LESSEE's failure to remove any of LESSEE's property from the ~~surrender of the Premises~~premises, ~~Tenant shall deliver~~ LESSOR is hereby authorized, without liability to ~~Landlord a narrative description of the actions proposed (~~LESSEE for loss or ~~required under any Law) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises)~~ damage thereto and * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. at the ~~expiration~~ sole risk of LESSEE to remove and store any such property at LESSEE's expense, or ~~earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released~~ to retain same under LESSOR'S control or ~~unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by~~ to sell at public or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstandingprivate sale, any ~~Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice~~ or ~~cure period,~~ all of the ~~remedies available~~ property not so removed and to ~~Landlord upon an Event~~ apply the net proceeds of ~~Default~~such sale to the payment of any sum due hereunder, ~~and Tenant~~ or to destroy such property which shall be ~~liable for, and agrees~~ conclusively deemed to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including attorneys’ fees and consequential damages, that Landlord suffers as a result of the Holdover, including any claims made by any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand the Premises, or extend the Termbeen abandoned. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Lease Agreement (Neogenesis Pharmaceuticals Inc)

Surrender. (a) On the date on which this Lease expires or terminates, Tenant shall return possession of the Premises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or other conditions that Tenant is not required to remedy under this Lease. Notwithstanding anything to the contrary contained in this Lease, and subject to the terms of this Section 21(a), prior to Upon the expiration or earlier termination of this ~~Lease~~Sublease for any reason, Subtenant shall surrender the Premises to Sublandlord in its condition existing as of the Commencement Date (including Building standard Tenant Improvements even if not completed as of the Commencement Date), normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, including replacement of any burned out or broken light bulb or ballasts, and all floors cleaned and waxed, all to the reasonable satisfaction of Sublandlord. Subtenant shall remove from the Premises all Tenant Improvements (subject to Section 29(c) below), Alterations (subject to Section 12(a) above), the Satellite System (subject to Section 7(e) above), the Building Mounted Sign (subject to Section 11(b) above), and its FFE, partitions, Subtenant’s personal property and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall also cap or terminate all telephone, computer and data connections at service entry panels in accordance with all applicable Laws. With respect to the Generator, or any Tenant Improvements or Alterations Tenant is otherwise required to remove hereunder, Landlord agrees that Tenant shall be required to remove the same only if Landlord provides notice to Tenant to remove such items at least three (3) months prior to the Expiration Date, unless this Lease is terminated following an Event of Default in which case no notice shall be required. Tenant shall repair any damage resulting from any and all such removal and shall restore the Premises to good order and the condition existing prior to TenantSubtenant’s ~~installation of any Tenant Improvements or Alterations the Satellite System, or the Building Mounted Sign~~ alterations required to be removed pursuant to Sections 5D and 5E (but not the ~~terms~~ Initial Tenant Improvements), and restore the Premises to its condition prior to their installation. If Subtenant fails to remove any alterations and/or Subtenant’s personal property, and such failure continues after the termination of this ~~Lease. Any of the Tenant FFE~~ Sublease, Landlord or ~~the Satellite System,~~ Sublandlord may retain or the Building Mounted Sign or Tenant’s personal property not removed or restored as required herein 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~~ and all rights of Subtenant with respect to it shall cease, or Sublandlord may ~~see fit and retain~~ place all or any portion of such property ~~as its property or sell~~ in public storage for Subtenant’s account. Subtenant shall be liable to Sublandlord for costs of removal of any such alterations and Subtenant’s personal property and ~~keep~~ storage and transportation costs of same, and the ~~proceeds. If T▇▇▇▇▇ does not return possession~~ cost of ~~the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting actual damages Landlord may incur. Tenant’s failure to comply with the terms~~ repairing and conditions of this Section 21(a) shall also be deemed an Event of Default by the Tenant under this Lease, entitling Landlord to exercise all legal and equitable remedies available to Landlord. (b) Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises (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 15 and 16 excepted. At least 3 months prior to the surrender of restoring the Premises, ~~Tenant shall deliver to Landlord a narrative description~~ together with interest at the Interest Rate from the date of ~~the actions proposed (or required under any Law) to be taken~~ expenditure by ~~Tenant in order to surrender~~ Sublandlord. If the Premises ~~(including any Alterations permitted by Landlord to remain in the Premises)~~ are not so surrendered at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released or unrestricted use and occupancy (“Surrender Plans”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Agent with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of this ~~Lease~~Sublease, ~~free from any residual impact from Tenant HazMat Operations. Tenant~~ Subtenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by L▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties. (c) If Tenant remains in possession of the Premises indemnify Sublandlord against all loss or any part thereof after the expiration or termination of this Lease (“Holdover”), without the written consent of Landlord, T▇▇▇▇▇’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any Holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be one hundred seventy-five percent (175%) of the Monthly Rent payable for the last full month immediately preceding the Holdover, plus all other charges payable hereunder, and upon all the terms hereof applicable to such a tenancy at sufferance. No Holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Nothing contained herein shall be deemed to authorize Tenant to remain in occupancy of the Premises after the Expiration Date or sooner termination of the Term. Any provision in this Lease to the contrary notwithstanding, any Holdover by Tenant shall constitute an Event of Default entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord upon an Event of Default, and Tenant shall be liable for, and agrees to hold Landlord harmless from and against, all liabilities, obligations, damages, penalties, claims, costs, charges and expensesliability, including attorneys’ fees and ~~consequential damages~~costs, ~~that Landlord suffers as a result of the Holdover, including any claims made~~ resulting from delay by ~~any succeeding tenant based on such delay. Notwithstanding anything to the contrary set forth~~ Subtenant in this Section 21(c), Tenant shall have the one-time right to elect to extend the Term for a period of three (3) months upon providing to Landlord notice of such election at least nine (9) months prior to the Expiration Date (the “Extended Term”). During the Extended Term the Minimum Annual Rent shall be equal to 150% of the Minimum Annual Rent applicable at the last month of the Term, and all of the other terms of provisions of this Lease shall apply, except that Tenant shall not have any right to make any Alterations or any Transfers, expand so surrendering the Premises~~, or extend the Term~~. (d) During the last ninety (90) days prior to the Expiration Date, if Tenant has vacated the Premises, Landlord may decorate, remodel, repair, alter or otherwise prepare the Premises for occupancy, without affecting Tenant’s obligation to pay Rent for the Premises, however, T▇▇▇▇▇’s indemnification obligations shall not apply to any acts, omissions or events within the Premises that arise on and after Landlord’s entry for such purposes.

Appears in 1 contract

Sources: Sublease Agreement (ShoreTel Inc)

Common use of Surrender Clause in Contracts