Vacation and Surrender Clause Samples

Vacation and Surrender. Tenant hereby agrees to vacate the Original Premises and surrender and deliver exclusive possession of the Original Premises to Landlord on or before the Substitute Premises Commencement Date in accordance with the provisions of the Lease and thereafter, Tenant shall have no further obligations with respect to the Original Premises except with respect to the period of Tenant’s tenancy prior to the Substitute Premises Commencement Date. In the event that Tenant fails to vacate the Original Premises and surrender and deliver exclusive possession of the Original Premises to Landlord on or before the Substitute Premises Commencement Date in accordance with the provisions of the Lease, then (subject to the terms of Section 3.2, below) Tenant shall be deemed to be in holdover of the Original Premises and shall be subject to the terms of Article 16 of the Lease.

Vacation and Surrender. (a) Tenant shall vacate and surrender the Premises to Landlord on or prior to the Termination Date as if such Termination Date were the original expiration date of the Term set forth in the Lease, provided that: (i) Landlord acknowledges and agrees that, as of the Effective Date, the condition of the Premises satisfies the surrender obligations set forth in Section 8.1 of the Original Lease and (ii) Landlord waives the requirement that Tenant remove Personal Property and Cabling as set forth in Section 9.3 of the Original Lease, and acknowledges that Tenant has agreed to convey certain Personal Property and Cabling, to the new tenant of the Premises (the “New Tenant”) pursuant to a separate agreement between Tenant and New Tenant. Tenant acknowledges and agrees that as of the Termination Date, Tenant shall have no further right to the Personal Property and Cabling remaining in the Premises, and the same shall be deemed abandoned and surrendered with the Premises (subject to Tenant’s conveyance of the same to the New Tenant as provided above). (b) Tenant understands and acknowledges that (i) Landlord has entered into (or will enter into) a new lease for the Premises with New Tenant, which new lease shall commence on or shortly after the day after the Termination Date, (ii) failure to vacate and surrender the Premises to Landlord free of any sublease or other occupancy agreement, and in the condition required pursuant to the Lease, and the terms and conditions of this Amendment, on or before the Termination Date, will result in Landlord incurring substantial liability and/or lost profits, and (iii) if Tenant fails to so vacate and surrender the entire Premises on or before the Termination Date, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Rent and additional charges that would have been payable had the Term continued with respect to the Premises during such holdover period. Accordingly, notwithstanding anything to the contrary contained in Section 22.1 of the Original Lease, or any other provision of the Lease, (1) Tenant shall be deemed to be a tenant-at-sufferance, with respect to the Premises, at the then-fully escalated Base Rent and additional rent for the first ten (10) business days of any such holdover, and thereafter, at two hundred percent (200%) of the then fully escalated Base Rent and additional rent; and (2) Landlord ...

Vacation and Surrender. Tenant shall, upon the expiration or sooner termination of the Term as to any Leased Property, vacate and surrender the applicable Leased Property to Landlord in a high quality, broom clean condition consistent with the requirements of Section 9.1.1, except as repaired, rebuilt, restored, altered or added to as permitted or required by the provisions of this Lease and except for damage from Casualty or Condemnation. Each Leased Property so returned to Landlord shall include any and all Alterations, which shall be and remain the property of Landlord as part of such Leased Property (except for Alterations that Landlord requests, in writing, that Tenant remove, which Alterations shall be promptly and completely removed by Tenant). Tenant shall repair, at Tenant’s sole cost, any damage to a Leased Property resulting from Tenant’s vacation from or surrender of such Leased Property and/or the removal of any Alterations therefrom, whether effected by Tenant or Landlord.

Vacation and Surrender. Tenant shall, upon the expiration or sooner termination of the Term as to any Leased Property, vacate and surrender the applicable Leased Property to Landlord in the condition consistent with the requirements of SECTION 9.1.1, except as repaired, rebuilt, restored, altered or added to as permitted or required by the provisions of this Lease and except for normal wear and tear and damage from Casualty or Condemnation. Any Leased Property (other than Landlord's Personal Property) shall be returned to Landlord in a broom clean condition, free and clear of Tenant's Personal Property (subject to the terms of SECTION 21.1.1 and except for Tenant's Personal Property that Landlord elects to acquire pursuant to SECTION 35 hereof) but including any and all Alterations, which shall be and remain the property of Landlord as part of such Leased Property (except for Alterations that Landlord requests, in writing, that Tenant remove, which Alterations shall be promptly and completely removed by Tenant). Tenant shall repair, at Tenant's sole cost, any damage to a Leased Property resulting from Tenant's vacation from or surrender of such Leased Property and/or the removal of any Alterations or Tenant's Personal Property therefrom, whether effected by Tenant or Landlord.

Vacation and Surrender. Tenant shall, upon the expiration or sooner termination of the Term as to any Leased Property, vacate and surrender the applicable Leased Property to Landlord in a first class condition consistent with the requirements of Section 9.1.1, except as repaired, rebuilt, restored, altered or added to as permitted or required by the provisions of this Lease and except for ordinary wear and tear and damage from Casualty or Condemnation. Any Leased Property shall be returned to Landlord in a broom clean condition, free and clear of Tenant's Personal Property (subject to the terms of Section 21.1.1 and except for Tenant's Personal Property that Landlord elects to acquire pursuant to Section 36 hereof) but including any and all Alterations, which shall be and remain the property of Landlord as part of such Leased Property (except for Alterations that Landlord requests, in writing, that Tenant remove, which Alterations shall be promptly and completely removed by Tenant). Tenant shall repair, at Tenant's sole cost, any damage to a Leased Property resulting from the removal of any Alterations or Tenant's Personal Property therefrom, whether effected by Tenant or Landlord.

Vacation and Surrender. Tenant shall vacate and surrender the Premises in accordance with the provisions of the Lease by the Termination Date, including without limitation, the removal by Tenant of all of its personal property, and to the extent required by the Lease, the removal of any fixtures or improvements in the Premises, and the repair and restoration of the Premises to the reasonable satisfaction of Landlord. Tenant shall make all repairs to the Premises as required by Landlord prior to the Termination Date, which repairs shall include, but shall not be limited to, causing all components of the Premises to be in good operating condition. Tenant shall return to Landlord c/o SteelWave, Inc. located at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, Attention: Executive Vice President, Property Management, all keys to the Premises, the Building, Tenant’s mailbox and all other keys used by Tenant in connection with its use and occupancy of the Premises.

Vacation and Surrender. Tenant shall vacate and surrender the Premises in accordance with the provisions of the Lease by the Termination Date.

Vacation and Surrender. Tenant shall vacate and surrender the Premises in its “as-is” condition; provided, however, Tenant shall remove all of its personal property. Tenant shall return to Landlord care of ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇ (Attn: ▇▇▇▇ ▇▇▇▇▇▇▇) at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 1100, Denver, CO 80202 - Tel: (▇▇▇) ▇▇▇-▇▇▇▇, all keys to the Premises, the Building, Tenant’s mailbox and all other keys used by Tenant in connection with its use and occupancy of the Premises.

Vacation and Surrender. Tenant shall, upon the expiration or sooner termination of the Term (or, if applicable, a termination of Tenant’s right of possession) as to any Leased Property, vacate and surrender the applicable Leased Property to Landlord in good and safe order and repair, broom clean and consistent with the requirements of Section 9.1.1, except as repaired, rebuilt, restored, altered or added to as permitted or required by the provisions of this Lease and, subject to Sections 15 and 16 below, except for damage from Casualty or Condemnation. Each Leased Property so returned to Landlord shall include any and all Alterations, which shall be and remain the property of Landlord as part of such Leased Property (except for Alterations that Landlord requests, in writing, that Tenant remove, which Alterations shall be promptly and completely removed by Tenant). Tenant shall repair, at Tenant’s sole cost, any damage to a Leased Property resulting from Tenant’s vacation from or surrender of such Leased Property and/or the removal of any Alterations therefrom, whether effected by Tenant or Landlord. Without limiting the foregoing in any way, upon the expiration or earlier termination of this Lease (or, if applicable, a termination of Tenant’s right of possession), Tenant shall return possession of each Facility to Landlord with all deferred maintenance at, in or on any Leased Property having been completed and all systems, components, and elements (structural and otherwise) having a useful life determined in the exercise of Landlord’s reasonable judgment of at least three years (and not less than seven years as to structural items).