Common use of End of Term Clause in Contracts

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Lease.

Appears in 4 contracts

Samples: Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc)

AutoNDA by SimpleDocs

End of Term. 16.1 At the end of the Term, Tenant Lessee shall promptly quit and surrender the Premises broom-clean and to Lessor at the expiration or sooner termination of this Lease in good order and repaircondition, ordinary except for reasonable wear and tear and damage by condemnation, fire or other casualty. Lessee shall indemnify, defend and save Lessor harmless against all costs, claims, loss or liability resulting from casualty which Tenant delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Lessor resulting from any failure by Lessee timely to surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the Fixed Annual Rent theretofore payable hereunder, and accurate measurement will be impossible. Lessee therefore agrees that if possession of the Premises is not required by other provisions surrendered to Lessor on the date of the expiration or sooner termination of this Lease, then, unless Lessor shall have consented to Lessee’s holding over, Lessee shall pay Lessor as liquidated damages for each month and for each portion of any month prorated on a daily basis, during which Lessee holds over in the Premises after expiration or termination of the term of this Lease without consent, a sum equal to repair exceptedtwo times the Fixed Annual Rent and additional rent which was payable per month under this Lease during the last month of the terms thereof. If Tenant is not then Any personal property remaining in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end expiration or sooner termination of the Term term of this Lease shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such abandoned property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in option of Lessor. The aforesaid provision of this Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other sooner termination of this Lease.

Appears in 3 contracts

Samples: Office Lease Agreement (Local Matters Inc.), Lease (Local Matters Inc.), Office Lease Agreement (Local Matters Inc.)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive Upon the expiration or other termination of this Lease, Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and otherwise in compliance with the provisions of Article 3 hereof. If the last day of the Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 20. Tenant acknowledges that possession of the Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, attorneys' fees and disbursements) resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Rent and Rental theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date, in addition to any other rights or remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrender the Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Fixed Rent, Escalation Rent and Rental which was payable under this Lease during the last month of the Term, and (ii) the then fair market rental value for the Premises. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or to limit in any manner Landlord's right to regain possession of the Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 20. The provisions of this Article 20 shall survive the Expiration Date.

Appears in 3 contracts

Samples: Xoom Inc, Musicmaker Com Inc, NBC Internet Inc

End of Term. 16.1 At On the end Expiration Date or earlier termination of the Termthis Lease, Tenant shall promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair or condemnation excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises by Tenant. Whether , whether or not such trade fixtures or equipment are fastened to the Building, except that Tenant is shall not remove trade fixtures or equipment without Landlord’s prior written consent if such fixtures or equipment are used in defaultthe operation of the Building, or if the removal of such fixtures or equipment may impair the structural strength of the Building. Tenant also shall remove such Alterationsalterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord has required under requested in accordance with Article 1415, and telecommunications cabling in accordance with Article 28.37. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's ’s obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 3 contracts

Samples: Office Lease (Blue Water Acquisition Corp.), Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)

End of Term. 16.1 At On the end of the Term, Expiration Date (a) Tenant (and all other occupants) shall promptly quit vacate and surrender the Premises broom-Premises, broom clean and in good order and repaircondition, except for ordinary wear and tear and damage from casualty for which Tenant is not responsible under this lease, and otherwise as may be required by other provisions this lease, and (b) Tenant shall remove all of Tenant’s Property and any Tenant’s Work required to be removed pursuant to this Lease to repair exceptedlease. If Tenant the last day of the Term is not then a Business Day, this lease shall expire on the immediately preceding Business Day. Tenant waives, for itself and for any person claiming under Tenant, any right which Tenant or any such person may have under Section 2201 of the New York Civil Practice Law and Rules or under any similar Law. If the Premises are not vacated and surrendered in defaultaccordance with this lease, on the date required by this lease, Tenant shall have the right be liable to remove Landlord for (a) all losses, costs, liabilities and damages which Landlord incurs by reason thereof, including reasonable attorneys’ fees, and Tenant shall indemnify, defend and hold harmless Landlord against all claims made by any succeeding tenants against Landlord or otherwise resulting from the failure of Tenant (and all other occupants) timely to vacate and surrender the Premises any Removable Trade Fixtures (as defined in Section 14.1 accordance with this lease, and (b)), unattached equipment, ) per diem use and movable furniture placed occupancy in respect of the Premises equal to twice the Rent payable under this lease for the last year of the Term (which Landlord and Tenant presently agree is the Rent to which Landlord would be entitled, is presently contemplated by Tenantthem as being fair and reasonable under such circumstances and is not a penalty). Whether or not In no event, however, shall this Section be construed as permitting Tenant is (and all other occupants) to remain in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal possession of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end Expiration Date. If during the last 90 days of the Term shall be deemed conclusively to have been abandoned and may be appropriatedTerm, soldTenant removes substantially all of Tenant’s Property from the Premises, stored, destroyed, Landlord or otherwise disposed of any person designated by Landlord may immediately enter and change the Premises, without written notice (a) abatement of the Rent, (b) releasing Tenant from any obligation or liability under this lease, (c) incurring any liability or obligation to Tenant or (d) causing any other person and without actual or constructive eviction. Any obligation to account for them. Alternativelyof Landlord or Tenant under this lease which by its nature or under the circumstances can only be, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 terms of such property. Tenant's obligation this lease may be, performed after the Expiration Date and any liability for a payment with respect to observe and perform any period ending on or before the Expiration Date, unless otherwise set forth in this covenant lease, shall survive the expiration or other termination of this LeaseExpiration Date.

Appears in 2 contracts

Samples: Office Lease, Office Lease

End of Term. 16.1 At In addition to complying with the end provision set forth in Section 20 “Decommissioning,” at the expiration or prior termination of the Term, Tenant shall promptly quit and surrender possession of the Premises broom-clean and to Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, excepting reasonable wear and tear, casualties, alterations or other interior improvements which Tenant is permitted to keep in place pursuant to Section 7 at the termination of this Lease. In addition, Tenant shall remove all of Tenant’s Property, including, without limitation, saw-off and grounding smooth all floor anchors on equipment or machinery, remove all low voltage cables and networking equipment, telecommunications equipment, and vertical utility cables and lines back to their respective junction boxes. Tenant shall repair, ordinary at its expense, all damage to the Premises caused by such removal. For the avoidance of doubt, Tenant shall not make repairs to areas of the Premises which Landlord is in charge of making under Section 6, however, Tenant shall pay the cost of such repairs if there is damage (beyond reasonable wear and tear) resulting from Tenant’s use or occupancy of the Premises or Common Areas or resulting from the acts or omissions of Tenant or Tenant’s Agents. Notwithstanding the fact that Tenant may have installed or paid for the installation of the following items without the prior written consent of Landlord, Tenant shall not remove any of the following: building fixtures, electrical distribution wiring and panels, lighting or lighting fixtures, wall coverings, fire extinguishers, carpets or other floor coverings, heaters, air conditioners or any other heating or air conditioning equipment, attached water coolers or drinking fountains, fencing or security gates; dock levelers and dock equipment; water heaters or other similar building operating equipment. At the expiration or prior termination of this Lease Tenant shall return the Premises to Landlord vacant, broom clean, normal wear and tear and damage from by casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in defaultFailure to comply with this Section 8, Tenant shall have the right to remove which failure continues for more than ten (10) days following Tenant’s receipt of written notice from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))Landlord, unattached equipment, and movable furniture placed in the Premises will constitute holding over by Tenant. Whether In the event this Lease is terminated for any reason, any property remaining in or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on upon the Premises after the end of the Term shall may be deemed conclusively to have been be abandoned by Tenant and become property of Landlord and Landlord may be appropriated, sold, stored, destroyed, or otherwise disposed dispose of by same with no liability to Landlord without written notice to Tenant or any other person and without no obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Embecta Corp.), Lease Agreement (Embecta Corp.)

End of Term. 16.1 At Tenant agrees to promptly vacate the Premises at the conclusion of the term of the Lease and to leave such Premises broom clean, free of all debris, waste(s) and by-products, and in an environmentally safe (in Landlord's reasonable opinion) condition, in compliance with all governmental laws, rules, orders, and regulations. Landlord may, at its option, retain an environmental or engineering consultant or consulting firm to verify Tenant's compliance with this provision, and Tenant agrees to (1) provide access and reasonable assistance to such consultant or consulting firm at the Premises, (2) implement the recommendation of such consultant or consulting firm, promptly upon Landlord's request therefor. Except for Tenant's initial build-out as per Exhibit B attached hereto, should Landlord desire to have the Premises or any part thereof restored to the condition in which they were originally delivered to Tenant, Landlord shall so notify Tenant in writing no less than thirty (30) days prior to the end of the Term. In the event Landlord shall so desire, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repairthen Tenant, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease prior to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term at its sole cost and expense shall be deemed conclusively to have been abandoned so restore the Premises, additions and improvements as may be appropriatedrequested by Landlord, soldand fix and repair any and all damage or defacement to the Building and/or lands caused by the installation and/or removal of alterations, storedadditions, destroyedimprovements, or otherwise disposed of by Landlord without written notice to Tenant furniture, equipment, trade fixtures or any other person property. Any and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal of such property, including but alterations, additions or improvements not limited to so removed, at Landlord's option, shall become the exclusive property of Landlord and be disposed of by Landlord, at Tenant's cost of repairing and expense, without further notice or demand. If the Premises be not surrendered as and when aforesaid, Tenant shall indemnify Landlord against any damage to the Building damages, loss or Premises caused liability resulting therefrom, including, without limitations, any claims made by the removal of any succeeding occupant founded on such propertydelay. Tenant's obligation to observe and perform under this covenant paragraph shall survive the expiration or other sooner termination of this Leasethe Term.

Appears in 2 contracts

Samples: Lease Agreement (Brighton Technologies Corp), Lease Agreement (Brighton Technologies Corp)

End of Term. 16.1 At Except for the end kilns and furnaces that may be installed in the Building, which shall always remain the property of Xxxxxxx and must be removed from the Building without any claim by Landlord to such equipment, regardless of the degree of affixation to the Building, all Alterations, including HVAC equipment, wall coverings, carpeting and other floor coverings, ceiling tiles, blinds and other window treatments, lighting fixtures and bulbs, built in or attached shelving, built in furniture, millwork, counter tops, cabinetry, all doors (both exterior and interior), bathroom fixtures, sinks, kitchen area improvements, and wall mirrors, made by Landlord or Tenant to the Premises shall become Landlord’s property on the expiration or sooner termination of the Lease Term. On the expiration or sooner termination of the Lease Term, Tenant Tenant, at its expense, shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))all moveable furniture, unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterationsfurnishings, equipment, and furniture as Landlord has required under Article 14other articles of moveable personal property owned by Tenant and located in the Premises that can be removed without damage to the Premises. Tenant, at its expense, shall also remove all computer and telecommunications wiring and all non-standard Alterations to the Premises, including any vault, stairway, or computer room Alterations or any Alterations involving roof, ceiling, raised flooring or floor penetrations. Additionally, Tenant shall be responsible for any and all personal property taxes relating to Tenant’s property located within the Premises. Tenant shall fully and properly repair any damage occasioned caused by the removal removal. Any items of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on Tenant’s property that shall remain in the Premises after the end expiration or sooner termination of the Term shall Lease Term, may, at the option of Landlord, be deemed conclusively to have been abandoned abandoned, and in that case, those items may be appropriated, sold, stored, destroyed, or otherwise retained by Landlord as its property to be disposed of by Landlord Landlord, without written notice accountability to Tenant or any other person and without obligation to account for them. Alternativelyparty, Landlordin the manner Landlord shall determine, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demandTenant’s expense. Tenant shall pay be responsible to repair any and all damage to the Premises resulting from its removal of any equipment or personal property, and upon its failure to do so, Landlord may have such repairs effectuated and Tenant shall be responsible for immediate payment to Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Leasesame.

Appears in 2 contracts

Samples: Lease Agreement (Protective Products of America, Inc.), Lease Agreement (Protective Products of America, Inc.)

End of Term. 16.1 At 21.1 Upon the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord Demised Premises, broom clean, in as good order, condition and repair as it now is or may hereafter be placed, ordinary wear excepted. Tenant shall remove all property of Tenant, as directed by Landlord. Any property left on Demised Premises at the expiration or other termination of this Lease, or after the happenings of any of the events of default set forth in Article 18, may, at the option of Landlord, either be deemed abandoned or be placed in storage at a public warehouse in the name of and for the account of and at the expense and risk of Tenant or otherwise disposed of by Landlord in the manner provided by Law. Tenant expressly releases Landlord of and from any and all claims and Liability for damage to or destruction or Loss of property left by Tenant upon Demised Premises at the expiration of other termination of this Lease and Tenant hereby indemnifies Landlord against any and all claims and Liability with respect thereto. If Tenant holds over after the Term with the consent of Landlord, express or implied, such tenancy shall be from month to month only and shall not be a renewal hereof, and Tenant shall pay the rent and all the other charges at the same rate as herein provided and also comply with all of the terms, covenants, conditions, provisions and agreements of this Lease for the time during which Tenant holds over. If Tenant holds over after the Term without the consent of Landlord and shall fail to vacate Demised Premises after the expiration or sooner termination of this Lease for any cause or after Tenant's right to occupy same ceases, thereafter, and notwithstanding anything to the contrary contained elsewhere in this Lease, Tenant shall be liable to Landlord for the use and occupancy of Demised Premises in an amount agreed to be one hundred twenty-five percent (125%) of the monthly installments of Base Annual Rent, and all the other changes as provided in this Lease for the last month of the Term. If Demised Premises are not surrendered at the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease be additionally responsible to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal of such property, damage (including but not limited to the cost loss of repairing rent) which Landlord shall suffer by reason thereof, and Tenant hereby indemnifies Landlord against all claims made by any damage succeeding tenant against Landlord, resulting from delay by Landlord in delivering possession of Demised Premises to the Building or Premises caused by the removal of such propertysucceeding tenant. Tenant's obligation to observe or perform all of the terms, covenants, conditions, provisions and perform agreements of this covenant Article shall survive the expiration or other termination of this Lease.

Appears in 2 contracts

Samples: Letter and Construction Agreement (Homelife Inc), Letter and Construction Agreement (Homelife Inc)

End of Term. 16.1 At ABANDONED PROPERTY Upon the end expiration or other termination of the TermTerm of this Lease, Tenant shall promptly peaceably quit and surrender to Landlord the Demised Premises broom-clean and in good order all alterations and repair, ordinary wear and tear and damage from casualty additions thereto which Tenant is not entitled or required to remove under the provisions of this Lease, broom clean in good order, repair and condition excepting only reasonable use and wear and damage by fire or other casualty for which, under other provisions of this Lease to repair excepted. If Tenant is not then in defaultLease, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether has no responsibility of repair or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 propertyrestoration. Tenant's ’s obligation to observe and or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease or any renewal thereof falls on a day other than a Business Day, this Lease shall expire on the Business Day immediately preceding. Any personal property in which Tenant has an interest which shall remain in the Building or on the Demised Premises after the expiration or termination of the Term of this Lease shall be conclusively deemed to have been abandoned, and may be disposed of in such manner as Landlord may see fit; provided, however, notwithstanding the foregoing, that Tenant will, upon request of Landlord made not later than thirty (30) days after the expiration or termination of the Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Rent payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 19 hereof or pursuant to law, with the balance if any, to be paid to Tenant.

Appears in 2 contracts

Samples: Agreement of Lease (Investment Technology Group Inc), Agreement of Lease (Investment Technology Group Inc)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive Upon the expiration or other termination of this Lease, Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and Tenant shall remove all of its property as may be required pursuant to Article 3 hereof; this obligation shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover or summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 20. Tenant acknowledges that possession of the Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, attorneys’ fees and disbursements) resulting from any delay by Tenant past the date that is six (6) months after the Expiration Date in surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Rent and Escalation Rent theretofore payable hereunder, and will be impossible to measure accurately. Tenant therefore agrees that, except if and to the extent Landlord has expressly agreed to allow Tenant to remain in possession after the Expiration Date, if possession of the Premises is not surrendered to Landlord on or before the Expiration Date, in addition to any other rights or remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord’s right to demonstrate and collect any damages suffered by Landlord and arising from Tenant’s failure to surrender the Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date, a sum equal to one and one-half (1½) times the aggregate of that portion of the Fixed Rent, Escalation Rent and other items of Rental which were payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises without written consent after the Expiration Date or to limit in any manner Landlord’s right to regain possession of the Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 20. The provisions of this Article 20 shall survive the Expiration Date.

Appears in 2 contracts

Samples: www.sec.gov, Agreement of Lease (National Financial Partners Corp)

End of Term. 16.1 At Upon the end expiration or earlier termination of the Term, Tenant shall promptly quit and surrender the Leased Premises broom-clean and in good the same order and repaircondition in which it was in on the Commencement Date, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in defaultAll alterations, additions or improvements and fixtures made to the Leased Premises made by either party shall remain upon and be surrendered with the Premises as a part thereof except that Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and all of Tenant's movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects furnishings and Alterations left on equipment not permanently attached to the Improvements or Premises and any of such property deemed by law to be the property of the School Board. All damage and injury to the Premises after caused by such removal must be repaired by Tenant at Tenant's sole expense. If such property of Tenant is not removed by Tenant prior to the end expiration or termination of the Term Term, the same shall, at Landlord's option, become the property of Landlord. The Tenant will pay to the Landlord $250,000.00 as security for any damages not repaired by the Tenant. If Tenant fully complies with all terms of the Lease, Landlord will return the Security Deposit within 20 days after termination/expiration of the Leased Premises to Tenant. If Tenant does not fully comply with the terms of the Lease, Landlord may use Security Deposit to pay amounts owed by Tenant, including damages and such charges shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Leaseadditional rent.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

End of Term. 16.1 At Upon the end expiration or earlier termination of the Termthis lease, Tenant shall promptly quit and surrender the Premises broom-clean demised premises to Landlord, broom clean, in as good order, condition and in good order and repairrepair as they now are or may hereafter be placed, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterationsall property of Tenant, equipment, and furniture as Landlord has required under Article 14directed by Landlord. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations Any property left on the Premises demised premises at the expiration or earlier termination of this lease, or after the end happening of any of the Term shall events of default set forth in Article 16 above, may, at the option of Landlord, either be deemed conclusively to have been abandoned or be placed in storage at a public warehouse in the name of and for the account of and at the expense and risk of Tenant. If such property is not claimed by Tenant within ten (10) days after such expiration, termination, or the happening of an event of default, it may be appropriated, sold, stored, destroyed, sold or otherwise disposed of by Landlord. Tenant expressly releases Landlord without written notice of and from any and all claims and liability for damage to or loss of property left by Tenant upon the demised premises at the expiration or earlier termination of this lease, and Tenant hereby indemnifies Landlord against any other person and without obligation to account for themall claims and liability with respect thereto. Alternatively, If Tenant holds over after the said term with the consent of Landlord, at its optionexpress or implied, such tenancy shall have the right be from month to declare the Term to month only and shall not be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Leasea renewal hereof, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay the rent and all the other charges at the same rate as herein provided and also comply with all of the terms, covenants, conditions, provisions and agreements of this lease for the time during which Tenant holds over. If Tenant holds over after the said term without the consent of Landlord, Tenant shall be liable to Landlord for use and occupancy of the demised premises in an amount agreed to be one and one-half (1-1/2) the monthly installment of Base Annual Rent and all the other charges as provided in this lease for the last month of the term hereunder. In the event Tenant holds over without Landlord's consent for a period exceeding sixty (60) days beyond the term of this lease, Tenant shall be additionally responsible to Landlord for all expenses incurred in connection with the removal of such property, damage (including but not limited to the cost loss of repairing rent) which Landlord shall suffer by reason thereof, and Tenant hereby indemnifies Landlord against all claims made by any damage succeeding tenant against Landlord, resulting from delay by Landlord in delivering possession of the demised premises to such succeeding tenant. In the event Tenant holds over after the said term without the consent of Landlord, Landlord shall be responsible for mitigating its damages to the Building or Premises caused extent required by the removal of such propertylaw. Tenant's obligation to observe or perform all of the terms, covenants, conditions, provisions and perform agreements of this covenant Article shall survive the expiration or other termination of this Leaselease.

Appears in 1 contract

Samples: Canyon Center Office Lease (Hagler Bailly Inc)

End of Term. 16.1 At the end expiration of the Term, Tenant Tenants shall promptly quit and surrender yield up the Premises broom-Apartment, broom clean and in good order and repair, ordinary wear order, and tear condition, and damage from casualty remove all its property therein. Tenants acknowledges that possession of the Apartment must be surrendered to Landlord or Landlord’s Agent upon the expiration or earlier termination of the Term. If Tenants fail to deliver vacant possession of the Apartment in the manner required hereunder on or prior to the expiration or earlier termination of the Term, such failure will not be deemed to extend the Term and Tenants will pay to Landlord or Landlord’s Agent promptly upon demand therefor as and for liquidated damages, for each day or portion thereof during which Tenant is not required Tenants retain possession of the Apartment after such expiration or earlier termination, an amount equal to 150% of the pro rata Allocable Portion of the Monthly Rent payable by Tenants during the Term (in addition to all other amounts set forth herein). The provisions of this Lease Section 15 will not be deemed to repair excepted. If Tenant is not then limit or constitute a waiver of any other rights or remedies provided herein or at law or in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipmentequity, and movable furniture placed in Landlord or Landlord’s Agent may without notice, reenter the Premises Apartment either by Tenant. Whether force or not Tenant is in default, Tenant shall remove such Alterations, equipmentotherwise, and furniture as dispossess Tenants by summary proceedings or otherwise. Tenants will additionally indemnify and hold Landlord has required under Article 14. Tenant shall fully or Landlord’s Agent harmless from and properly repair any damage occasioned by the removal against all loss, liability, costs and expenses of any Removable Trade Fixtureskind or nature (including, equipmentwithout limitation, furniture attorneys’ fees, and Alterationsdisbursements) resulting from or arising out of Tenants’ failure to comply with the provisions of this Section 15. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on Nothing herein contained will be deemed to permit Tenants to retain possession of the Premises Apartment after the end expiration or earlier termination the Term. The provisions of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall 15 will survive the expiration or other earlier termination of the Term. If Tenants shall fail or refuse to remove any stored property upon termination of the Lease, Landlord or Landlord’s Agent may treat such failure, as conclusive evidence that Tenants has abandoned the property and Landlord or Landlord’s Agent (or Owner if in possession of the Building) may enter the Apartment and dispose of all or any part of such property in any manner that Landlord or Landlord’s Agent (or Owner if in possession of the Building) shall choose. If Landlord or Landlord’s Agent’s employees are required to remove or handle the property or perform any services for Tenants, a charge for the same at Landlord or Landlord’s Agent’s customary rates on a time and material basis will be payable by Tenants. Tenants shall pay all costs Landlord incurs in connection with removal of any Tenants’ property under this Leaseparagraph.

Appears in 1 contract

Samples: Lease and Roommate Agreement

End of Term. 16.1 At ABANDONED PROPERTY Upon the end expiration or other termination of the TermTerm of this Lease, Tenant shall promptly peaceably quit and surrender to Landlord the Demised Premises broom-clean and in good order all alterations and repair, ordinary wear and tear and damage from casualty additions thereto which Tenant is not entitled or required to remove under the provisions of this Lease, broom clean in good order, repair and condition excepting only reasonable use and wear and damage by fire or other casualty for which, under other provisions of this Lease to repair excepted. If Tenant is not then in defaultLease, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether has no responsibility of repair or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 propertyrestoration. Tenant's obligation to observe and or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease or any renewal thereof falls on a day other than a Business Day, this Lease shall expire on the Business Day immediately preceding. Any personal property in which Tenant has an interest which shall remain in the Building or on the Demised Premises after the expiration or termination of the Term of this Lease shall be conclusively deemed to have been abandoned, and may be disposed of in such manner as Landlord may see fit; provided, however, notwithstanding the foregoing, that Tenant will, upon request of Landlord made not later than thirty (30) days after the expiration or termination of the Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Rent payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 19 hereof or pursuant to law, with the balance if any, to be paid to Tenant.

Appears in 1 contract

Samples: Investment Technology Group Inc

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall promptly quit and will surrender the Premises broom-clean and premises in good order and repaircondition, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises premises by Tenant, whether or not the trade fixtures or equipment are fastened to the building. Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if the trade fixtures or equipment are used in the operation of the building, provided by Landlord to Tenant under this lease or if the removal of the fixtures or equipment will impair the structure of the building. Whether or not Tenant is then in default, Tenant shall will remove such Alterationsalterations, additions, improvements, trade fixtures, equipment, and furniture as that Landlord has required under Article 14requested to be removed in accordance with paragraph 12. Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All trade fixtures, equipment, furniture, inventoryalterations, effects additions, and Alterations left on the Premises after the end of the Term shall improvements not so removed will conclusively be deemed conclusively to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or to any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord for all expenses incurred in connection with the removal Landlord's disposition of such property, including but not limited to without limitation the cost of repairing any damage to the Building building or Premises premises caused by the removal of such the property. Tenant's obligation to observe and perform this covenant shall will survive the expiration or other termination end of this Lease.

Appears in 1 contract

Samples: Lease (Partsbase Com Inc)

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall will promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building. Tenant will not remove any trade fixtures or equipment without Landlord’s prior written consent if such fixtures or equipment are used in the operation of the Building, or if the removal of such fixtures or equipment will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant shall will remove such Alterationsalterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord has required under requested in accordance with Article 1416. Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises after the end of the Term shall will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord for all expenses incurred in connection with 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. Tenant's ’s obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Capstone Financial Group, Inc.)

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall will promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building. Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation of the Building, or if the removal of such fixtures or equipment will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant shall will remove such Alterationsalterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord has required under requested in accordance with Article 1415. Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises after the end of the Term shall will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Gilman & Ciocia Inc)

End of Term. 16.1 At the end of this Lease, or upon Landlord's exercise of its right, upon an event of default, to repossess the TermPremises without terminating this Lease, Tenant shall will promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear excepted, and damage from casualty shall surrender all keys for the Premises to Landlord and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Upon move-out by Tenant, should the Premises require any repairs which are the responsibility of Tenant is not required by other provisions of this Lease hereunder, Landlord shall have the right to repair exceptedmake such repairs at Tenant's sole cost. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, equipment and movable furniture placed in the Premises by TenantTenant pursuant to Article 8, whether or not such trade fixtures or equipment are fastened to the Premises, so long as such removal is done in accordance with plans approved by Landlord. Notwithstanding the foregoing, Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if the removal of such fixtures or equipment will result in impairing the structural strength of the Premises. Whether or not Tenant is in default, Tenant shall will remove such Alterationsalterations, equipmentadditions, improvements, trade fixtures, equipment and furniture as Landlord has required under requested in accordance with Article 14. Tenant shall fully 8 and properly repair any damage occasioned in accordance with plans approved by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. Landlord.All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions and Alterations left improvements on the Premises after the end of the Lease Term shall will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, destroyed or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right them or to declare the Term pay any proceeds to be continuing until all Tenant for such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demanditems. Tenant shall will pay Landlord for all expenses incurred in connection with the removal of such property, including including, but not limited to to, the cost of repairing any damage to the Building Shopping Center or Premises caused by the removal of such property. Tenant's obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Center Lease (Southern Concepts Restaurant Group, Inc.)

End of Term. 16.1 At ABANDONED PROPERTY Upon the end expiration or other termination of the TermTerm of this Lease, Tenant shall promptly peaceably quit and surrender to Landlord the Premises broom-Property in broom clean and in good order order, repair and repaircondition, ordinary excepting only reasonable use and wear and tear and damage from by fire or other casualty which Tenant is not required by for which, under other provisions of this Lease to repair excepted. If Tenant is not then in defaultLease, Tenant shall have the right has no responsibility of repair or restoration, but subject in every event to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipmentterms of Article 15 hereof, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal of such property, including but not limited subject to the cost provisions of repairing any damage to the Building or Premises caused by the removal of such propertyArticle 9 herein. Tenant's obligation to observe and or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease or any renewal thereof falls on a day other than a Business Day, this Lease shall expire on the Business Day immediately preceding. Tenant shall pay one and one-quarter times the amount of Rent applicable to each month (or fraction thereof) during which Tenant remains in possession of any part of the Property in violation of the foregoing covenants, without prejudice to eviction and any other remedy available to Landlord on account thereof. Notwithstanding the foregoing, in no event shall Tenant be liable for any type of consequential damages (including but not limited to any loss of profits) in connection with Tenant's holding over and failure to redeliver possession of the Property to Landlord following the expiration or other termination of the Term of this Lease. Any Tenant's Personal Property which shall remain in the Building or on the Property after the expiration or termination of the Term of this Lease shall be conclusively deemed to have been abandoned thirty (30) days following such expiration or termination of the Term of this Lease, and may thereafter be disposed of in such manner as Landlord may see fit.

Appears in 1 contract

Samples: Lease Agreement (American Realty Capital Trust, Inc.)

End of Term. 16.1 At the end expiration or sooner termination of the Term, Tenant shall promptly quit and surrender to Landlord the Premises broom-Premises, broom clean and in good order and repaircondition, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether At such expiration or not Tenant is in default, sooner termination Tenant shall remove such Alterations, equipmentall property of Tenant and all Alterations required to be removed by Landlord pursuant to the terms of Section 9(B) hereof, and furniture as Landlord has Tenant shall repair all damage to the Premises caused by such removal and, to the extent required under Article 14said Section 9(B), restore the Premises to the condition in which they were prior to the installation of the items so removed. Any property of the Tenant which shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on remain in or upon the Premises after the end expiration of the Term shall or sooner termination thereof and the removal of the Tenant from the Premises may, at the option of the Landlord, be deemed conclusively to have been abandoned abandoned, and either may be appropriated, sold, stored, destroyed, retained by the Landlord as its property or otherwise may be disposed of by in such manner as the Landlord without written notice to Tenant or any other person and without obligation to account for themmay see fit. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and If the Premises be not surrendered to Landlord in the condition required by this Leaseas and when aforesaid, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay indemnify Landlord for all expenses incurred against loss or liability resulting from the delay by Tenant in connection with so surrendering the removal of Premises including, without limitation, any claims made by any succeeding occupant founded on such property, including but not limited to the cost of repairing any damage to the Building or Premises caused by the removal of such propertydelay. Tenant's obligation to observe and perform ’s obligations under this covenant Paragraph shall survive the expiration or other sooner termination of this Leasethe Term.

Appears in 1 contract

Samples: Lease Agreement (BioXcel Therapeutics, Inc.)

End of Term. 16.1 At ABANDONED PROPERTY Upon the end expiration or other termination of the Termterm of this Lease, Tenant shall promptly peaceably quit and surrender to Landlord the Premises broom-clean premises and all alterations and additions thereto, broom clean, in good order, repair and condition (except as provided herein and in good order Articles 8.7, 18 and repair, 20) excepting only ordinary wear and tear use and damage from by fire or other casualty which Tenant is not required and taking by other provisions of this Lease to repair exceptedeminent domain. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterationsall of its property and, equipmentto the extent specified by Landlord, all alterations and furniture as Landlord has required under Article 14. additions made by Tenant and all partitions wholly within the premises and shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal of such property, including but not limited damages to the cost of repairing any damage to premises or the Building or Premises caused by the removal of their installation or by such propertyremoval. Tenant's obligation to observe and or perform this covenant shall survive the expiration or other termination of the term of this Lease. Tenant will remove any personal property from the Building and the premises upon or prior to the expiration or within ten (10) days of any earlier termination of this Lease and any such property which shall remain in the Building or the premises thereafter shall be conclusively deemed to have been abandoned, and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, that Landlord may receive and regain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 21 hereof or pursuant to law. If Tenant or anyone claiming under Tenant shall remain in possession of the premises or any part thereof after the expiration or prior termination of the term of this Lease without any agreement in writing between Landlord and Tenant with respect thereto, then, prior to the acceptance of any payments for rent or use and occupancy by Landlord, the person remaining in possession shall be deemed a tenant-at-sufferance. Whereas the parties hereby acknowledge that Landlord may need the premises after the expiration or prior termination of the term of the Lease for other tenants and that the damages which Landlord may suffer as the result of Tenant's holding-over cannot be determined as of the Execution Date hereof, in the event that Tenant so holds over, Tenant shall pay to Landlord in addition to all rental and other charges due and accrued under the Lease prior to the date of termination, charges (based upon fair market rental value of the premises) for use and occupation of the premises thereafter and, in addition to such sums and any and all other rights and remedies which Landlord may have at law or in equity, an additional use and occupancy charges in the amount of fifty percent (50%) of either the Yearly Rent and other charges calculated (on a daily basis) at the highest rate payable under the terms of this Lease, but measured from the day on which Tenant's hold-over commenced and terminating on the day on which Tenant vacates the premises or the fair market value of the premises for such period, whichever is greater. In addition, Tenant shall save Landlord, its agents and employees, harmless and will exonerate, defend and indemnify Landlord, its agents and employees, from and against any and all damages which Landlord may suffer on account of Tenant's hold-over in the premises after the expiration or prior termination of the term of the Lease.

Appears in 1 contract

Samples: Edocs Inc

End of Term. 16.1 At Upon the end expiration or earlier termination of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and Leased Property in good the same order and repaircondition in which it was in on the Commencement Date, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in defaultAll alterations, additions or improvements and fixtures made to the Premises made by either party shall remain upon and be surrendered with the Premises as a part thereof except that Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and all of Tenant’s movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects furnishings and Alterations left on equipment not permanently attached to the Improvements or Premises and any of such property deemed by law to be the property of the School Board. All damage and injury to the Premises after caused by such removal shall be repaired by Tenant at Tenant's sole expense. If such property of Tenant is not removed by Tenant prior to the end expiration or termination of the Term Term, the same shall, at Landlord's option, become the property of Landlord. The Tenant will pay to the Landlord an amount equal to $350,000.00) as security for any damages not repaired by the Tenant. If Tenant fully complies with all terms of the Lease, Landlord will return the Security Deposit within 20 days after termination/expiration of the Leased Premises to Tenant. If Tenant does not fully comply with the terms of the Lease, Landlord may use Security Deposit to pay amounts owed by Tenant, including damages and such charges shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Leaseadditional rent.

Appears in 1 contract

Samples: Lease Agreement

End of Term. 16.1 At the expiration of this Lease, Tenant shall peaceably give up and surrender the Premises (including any alterations and additions made by Tenant or Landlord to the Premises during the Term) to Landlord, broom clean and in good order, repair and condition, excepting only reasonable wear and tear, damage by casualty or condemnation and other causes beyond Tenant’s reasonable control, and damage that is Landlord’s responsibility to repair hereunder, provided that Tenant shall, at Landlord’s option (unless Landlord shall have agreed at the time of approval of such alterations that removal would not be required) remove any alterations and additions made to the Premises during the Lease Term by Tenant (or by Landlord on Tenant’s behalf) and Tenant shall remove all personal property and trade fixtures of Tenant from the Premises at the termination of this Lease. Unless Landlord provides written notice prior to approval of the Fitout that Landlord reserves the right to require Tenant to remove any portion of such Fitout as a condition to its approval, all Fitout shall be surrendered with the Premises at the end of the Term, Term and Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which not be required to remove same nor shall Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises same. Should Tenant fail to remove any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All its trade fixtures, equipmentwhether permanently attached or not, furnitureand other personalty, inventoryLandlord may have them removed and disposed of in any manner permitted by Legal Requirements at the risk of Tenant; the expense of such removal, effects disposal and Alterations left on repair necessitated by such removal shall be borne by Tenant or reimbursed by Tenant to Landlord. If Tenant remains in possession of the Premises after the end expiration or sooner termination of this Lease, then in the Term absence of an agreement in writing between the Parties, Tenant shall be deemed conclusively a tenant at sufferance. Tenant shall indemnify, defend and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed Landlord resulting from any failure by Tenant timely to surrender possession of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises as aforesaid will be substantial, will exceed the amount of the Fixed Annual Rent theretofore payable hereunder, and accurate measurement will be impossible. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord in on the condition required by date of the expiration or sooner termination of this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent then, unless Landlord shall continue have consented to accrue and shall be payable upon demand. Tenant’s holding over, Tenant shall pay Landlord as liquidated damages for all expenses incurred each month and for each portion of any month prorated on a daily basis, during which Tenant holds over in connection with the removal Premises after expiration or termination of such propertythe term of this Lease without consent, including but not limited a sum equal to one hundred fifty percent (150%) of the cost Fixed Annual Rent and Additional Rent which was payable per month under this Lease during the last month of repairing any damage to the Building or Premises caused by the removal terms thereof. The aforesaid provision of such property. Tenant's obligation to observe and perform this covenant Section shall survive the expiration or other sooner termination of this Lease.

Appears in 1 contract

Samples: Lease (Applied Genetic Technologies Corp)

End of Term. 16.1 At Notwithstanding anything to the contrary contained herein, if a Insubstantial Condemnation occurs on a Property within the last thirty (30) months of the end of the Termexisting Term which requires restoration of the Improvements on such Property (by more than a de minimis amount), Tenant shall promptly quit may, upon Notice to Landlord within ten (10) days after the effective date of such Condemnation and surrender subject to the Premises broom-clean and in good order and provisions of the applicable Third Party Lease, if any, elect to not restore such Property, regardless of whether the Award with respect to such Insubstantial Condemnation is sufficient to complete said repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair exceptedrestoration or reconstruction. If Tenant is not makes the election referred to in this Section, then in defaultthe Award with respect to such Insubstantial Condemnation shall, subject to the rights of Third Party Lessors, belong entirely to Landlord. If, at the time of such election, Tenant then holds any portion of the Award received on account of such Insubstantial Condemnation, such Award shall, subject to the rights of Third Party Lessors, promptly be paid to Landlord. If Tenant makes such election not to restore, then this Restated Lease shall have the right terminate as to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipmentsuch Property upon such election, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term Property shall be deemed conclusively deleted from this Restated Lease on such date. Thereupon, Fixed Rent shall be adjusted in accordance with the Fixed Rent Adjustment Procedures, and the amounts held pursuant to have been abandoned and may this Restated Lease on account of advanced Real Estate Tax payments pursuant to Article 4 shall be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice adjusted accordingly. In no event shall any election pursuant to Tenant or this Section be deemed to in any other person and without way affect Tenant’s obligation to account for them. Alternatively, Landlord, comply with all applicable Law and Environmental Law with respect to such Property before the time at its option, shall have the right to declare the Term to be continuing until all which such property Property is removed and the Premises surrendered to Landlord in the condition required by deleted from this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Restated Lease.

Appears in 1 contract

Samples: Master Lease Agreement (Getty Realty Corp /Md/)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive Upon the expiration or other termination of this Lease, Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage by fire or other casualty or condemnation which Tenant is not responsible under the terms of this Lease excepted, and otherwise in compliance with the provisions of Article 3 hereof. If the last day of the Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the Business Day immediately succeeding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 20. Tenant acknowledges that possession of the Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Rent and Rental theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date, in addition to any other rights or remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrender the Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month and for each portion of any month during which Tenant holds 58 over in the Premises after the Expiration Date, a sum equal to the greater of (i) one and one-half (1 1/2) times the aggregate of that portion of the Fixed Rent, Escalation Rent and Rental which was payable under this Lease during the last month of the Term, and (ii) the then fair market rental value for the Premises. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or to limit in any manner Landlord's right to regain possession of the Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 20. The provisions of this Article 20 shall survive the Expiration Date.

Appears in 1 contract

Samples: Agreement of Lease (Fibernet Telecom Group Inc\)

End of Term. 16.1 At On the end Expiration Date, or upon any earlier termination of the Termthis Sublease, Tenant Sublessee shall promptly quit and surrender the Subleased Premises to Sublessor broom-clean and in as good order order, condition and repair, repair as the Subleased Premises existed upon the Commencement Date except for ordinary wear and tear tear, any restoration of the Subleased Premises not required pursuant hereto, damage or destruction by fire and other casualty and such other damage from casualty the repair of which Tenant is not required by other Sublessee's obligation hereunder (provided no such damage shall be due to Sublessee's negligence or misconduct), and otherwise in accordance with the applicable provisions of the Lease. Sublessee recognizes that Sublessor may suffer substantial damage if Sublessee fails to surrender and vacate the Subleased Premises on the Expiration Date. Sublessee, therefore, agrees that if Sublessee shall hold-over or remain in possession beyond the Expiration Date of this Lease Sublease, Sublessee shall in addition to repair excepted. If Tenant is not then in defaultthe provisions of Xxxxxxxxx 00 xxxxx, Tenant shall have the right to remove from the Premises xx liable for all compensatory damages directly related thereto and arising therefrom, including any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal damages arising out of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11lost opportunities ( and/or new leases) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal such holding over. All damages to Sublessor by reason of such propertyholding-over by Sublessee may be the subject of a separate action and need not be asserted by Sublessor in any summary proceeding against Sublessee. Sublessee further agrees to indemnify Sublessor against and from any and all losses, liabilities, damages, costs and expenses (including but not limited reasonable attorneys' fees) Sublessor incurs to dispossess Sublessee, or otherwise, resulting from Sublessee's failure to vacate the cost of repairing any damage to Subleased Premises on the Building or Premises caused by the removal of such propertyExpiration Date. TenantSublessee's obligation to observe and perform obligations under this covenant Paragraph 17 shall survive the expiration or other termination of this LeaseSublease.

Appears in 1 contract

Samples: Agreement of Sublease (NBC Internet Inc)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and to Landlord at the expiration or sooner termination of this Lease in good order and repaircondition, ordinary broom-clean, except for reasonable wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair exceptedtear. If Tenant is not then in default, Tenant shall have be liable to Landlord for all damages, that Landlord may suffer by reason of any holding over by Tenant, and Tenant shall indemnify, defend, and save Landlord harmless against all costs, claims, losses, or liabilities resulting from delay by Tenant in so surrendering the right Premises, including any claims made by any succeeding tenant founded on any delay. All Alterations, including HVAC equipment, wall coverings, carpeting and other floor coverings, ceiling tiles, blinds and other window treatments, lighting fixtures and bulbs, built in or attached shelving, built in furniture, millwork, counter tops, cabinetry, all doors (both exterior and interior), bathroom fixtures, sinks, kitchen area improvements, and wall mirrors, made by Landlord or Tenant to the Premises shall become Landlord’s property on the expiration or sooner termination of the Lease Term. On the expiration or sooner termination of the Lease Term, Tenant, at its expense, shall remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))all moveable furniture, unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterationsfurnishings, equipment, and furniture as Landlord has required under Article 14other articles of moveable personal property owned by Tenant and located in the Premises that can be removed without damage to the Premises; provided, however, the Furniture shall be returned to Landlord. Tenant, at its expense, shall also remove all computer and telecommunications wiring and all non-standard Alterations to the Premises, including any vault, stairway, or computer room Alterations or any Alterations involving roof, ceiling, or floor penetrations. Tenant shall fully and properly repair any damage occasioned caused by the removal removal. Any items of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on Tenant’s property that shall remain in the Premises after Tenant has vacated the end Premises, may, at the option of the Term shall Landlord, be deemed conclusively to have been abandoned abandoned, and in that case, those items may be appropriated, sold, stored, destroyed, or otherwise retained by Landlord as its property to be disposed of by Landlord Landlord, without written notice accountability to Tenant or any other person and without obligation to account for them. Alternativelyparty, Landlordin the manner Landlord shall determine, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Lease’s expense.

Appears in 1 contract

Samples: Commercial Lease (Net Element International, Inc.)

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall will promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, equipment and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building; Tenant will not remove any trade fixtures or equipment without Landlord’s prior written consent if such fixtures or equipment are used in the operation of the Building, or if the removal of such fixture or equipment will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant shall will remove such Alterationsalterations, equipmentadditions, improvements, trade fixtures, equipment and furniture as Landlord has required under requested in accordance with Article 1415. above, Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions and Alterationsimprovements. All trade fixtures, equipment, furniture, furniture inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises after the end of the Term shall will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, destroyed or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed ; and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord for all expenses incurred in connection with the removal of such property, including including, but not limited to to, the cost of repairing any damage to the Building or Premises caused by the removal of such property. Tenant's ’s obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Agreement (Go Daddy Group, Inc.)

End of Term. 16.1 At All Alterations, including HVAC equipment, wall coverings, carpeting and other floor coverings, ceiling tiles, blinds and other window treatments, lighting fixtures and bulbs, built in or attached shelving, built in furniture, millwork, counter tops, cabinetry, all doors (both exterior and interior), bathroom fixtures, sinks, kitchen area improvements, and wall mirrors, made by Landlord or Tenant to the end Premises shall become Landlord’s property on the expiration or sooner termination of the Lease Term. On the expiration or sooner termination of the Lease Term, Tenant Tenant, at its expense, shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))all moveable furniture, unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterationsfurnishings, equipment, and furniture as Landlord has required under Article 14other articles of moveable personal property owned by Tenant and located in the Premises that can be removed without damage to the Premises. Tenant, at its expense, shall also remove all computer and telecommunications wiring and all non-standard Alterations to the Premises, including any vault, stairway, or computer room Alterations or any Alterations involving roof, ceiling, raised flooring or floor penetrations. Additionally, Tenant shall be responsible for any and all personal property taxes relating to Tenant’s property located within the Premises. Tenant shall fully and properly repair any damage occasioned caused by the removal removal. Any items of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on Tenant’s property that shall remain in the Premises after the end expiration or sooner termination of the Term shall Lease Term, may, at the option of Landlord, be deemed conclusively to have been abandoned abandoned, and in that case, those items may be appropriated, sold, stored, destroyed, or otherwise retained by Landlord as its property to be disposed of by Landlord Landlord, without written notice accountability to Tenant or any other person and without obligation to account for them. Alternativelyparty, Landlordin the manner Landlord shall determine, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Lease’s expense.

Appears in 1 contract

Samples: Lease Agreement (China Direct, Inc.)

End of Term. 16.1 At 16. (A) Upon the expiration or other termination of the Term of this lease, Tenant shall, at its own expense, quit and surrender to Landlord the Demised Premises, broom clean, in good order and condition, ordinary wear, tear and damage by fire or other insured casualty excepted, and Tenant shall remove all of its property and shall pay the cost of repair all damage to the Demised Premises or the Building occasioned by such removal. Any restoration required by Tenant shall not be to a condition greater than the original construction. Any property not removed from the Premises shall be deemed abandonment by Tenant and may be retained by Landlord, as its property, or disposed of in any manner deemed appropriate by the Landlord. Any air conditioning unit installed by Tenant may be removed by the Tenant at the end of the Termterm, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty except for those items for which Tenant is not required has received a credit from Landlord. Any expenses incurred by other Landlord in removing or disposing of such Tenant's property shall be reimbursed to Landlord by Tenant on demand. 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 of successor law of like import then in force, in connection with any holdover or summary proceeding which Landlord may institute to enforce the foregoing provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 propertyArticle. Tenant's obligation to observe and or perform this covenant shall survive the expiration or other termination of the Term of this Leaselease. If the last day of the term of this lease or any renewal hereof falls on Sunday or a legal holiday, this lease shall expire on the business day immediately preceding. Tenant's obligations under this Article 16 shall survive the Expiration Date or sooner termination of this lease.

Appears in 1 contract

Samples: Agreement of Lease (Med E America Corp)

End of Term. 16.1 At the end expiration or earlier termination of the Termthis Lease, Tenant shall ----------- will promptly quit and surrender the Premises broom-clean and Demised Premises, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to may remove from the Demised Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, equipment and movable furniture placed in the Demised Premises by Tenant, whether or not such are fastened to the Building. Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation of the Building or if the removal as such will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant shall will remove such Alterationsalterations, equipmentadditions, improvements, trade fixtures, equipment and furniture as Landlord has required under Article 14requested. Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions and Alterationsimprovements. All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions and Alterations left improvements on the Demised Premises after the end of the Term shall term of this Lease or earlier termination will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, destroyed or otherwise disposed of by Landlord landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demandliability therefore. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe obligations and perform liability under this covenant Section shall survive the expiration or other earlier termination of this Lease.

Appears in 1 contract

Samples: Sonic Foundry Inc

End of Term. 16.1 At ABANDONED PROPERTY Upon the end expiration or other termination of the TermTerm of this Lease, Tenant shall promptly peaceably quit and surrender to Landlord the Premises broom-clean together with all alterations and additions made thereto, broom clean, in good order, repair and condition (except as provided herein and in good order Section 8.7 and repair, Articles 18 and 20) excepting only ordinary wear and tear use, damage by fire or other casualty and damage from casualty which Tenant is not required by or repairs for which, under other provisions of this Lease to repair excepted. If Tenant is not then in defaultLease, Tenant has no responsibility of repair or restoration. Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))all of its property, unattached equipmentincluding, without limitation, all telecommunication, computer and movable furniture placed other cabling installed by or for Tenant in the Premises or elsewhere in the Building, and, to the extent specified by Tenant. Whether or not Landlord in writing at the time Landlord approves such installation, all alterations and additions made by Tenant is in default, Tenant shall remove such Alterations, equipmentand all partitions wholly within the Premises, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on damages to the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 their installation or by such propertyremoval. Tenant's ’s obligation to observe and or perform this covenant shall survive the expiration or other termination of the Term of this Lease. Tenant will remove any personal property from the Building and the Premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the Premises for more than ten (10) days thereafter shall be conclusively deemed to have been abandoned, and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 21 hereof or pursuant to law. Any holding over by Tenant or anyone claiming under Tenant after the expiration of the Term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable except that Tenant shall pay as a use and occupancy charge an amount equal to the greater of (x) one hundred fifty percent (150%) of the Yearly Rent and Tax Excess and Operating Costs Excess calculated (on a daily basis) at the highest rate payable under the terms of this Lease, for the first sixty (60) days and two hundred percent (200%) of the same thereafter, or (y) one hundred twenty-five percent (125%) of the fair market rental value of the Premises, in each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees, harmless and will exonerate, defend and indemnify Landlord, its agents and employees, from and against any and all damages which Landlord may suffer on account of Xxxxxx’s hold-over in the Premises after the expiration or prior termination of the Term of this Lease.

Appears in 1 contract

Samples: Confidentiality Agreement (Hubspot Inc)

End of Term. 16.1 At ABANDONED PROPERTY Upon the end expiration or other termination of the TermTerm of this Lease, Tenant shall promptly peaceably quit and surrender to Landlord the Demised Premises broom-clean and in good order all alterations and repair, ordinary wear and tear and damage from casualty additions thereto which Tenant is not entitled or required to remove under the provisions of this Lease, broom clean in good order, repair and condition excepting only reasonable use and wear and damage by fire or other casualty for which, under other provisions of this Lease to repair excepted. If Tenant is not then in defaultLease, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether has no responsibility of repair or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 propertyrestoration. Tenant's ’s obligation to observe and or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease or any renewal thereof falls on a day other than a Business Day, this Lease shall expire on the Business Day immediately preceding. Tenant shall pay twice the amount of Rent applicable to each month (or fraction thereof) during which Tenant remains in possession of any part of the Demised Premises in violation of the foregoing covenants, without prejudice to eviction and any other remedy available to Landlord on account thereof. Any personal property in which Tenant has an interest which shall remain in the Building or on the Demised Premises after the expiration or termination of the Term of this Lease shall be conclusively deemed to have been abandoned, and may be disposed of in such manner as Landlord may see fit; provided, however, notwithstanding the foregoing, that Tenant will, upon request of Landlord made not later than ten (10) days after the expiration or termination of the Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Rent payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 19 hereof or pursuant to law, with the balance if any, to be paid to Tenant.

Appears in 1 contract

Samples: Agreement of Lease (Fluidigm Corp)

End of Term. 16.1 At Upon the end expiration or earlier termination of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and Leased Property in good the same order and repaircondition in which it was in on the Commencement Date, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in defaultAll alterations, additions or improvements and fixtures made to the Premises made by either party shall remain upon and be surrendered with the Premises as a part thereof except that Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and all of Tenant's movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects furnishings and Alterations left on equipment not permanently attached to the Improvements or Premises and any of such property deemed by law to be the property of the School Board. All damage and injury to the Premises after caused by such removal shall be repaired by Tenant at Tenant's sole expense. If such property of Tenant is not removed by Tenant prior to the end expiration or termination of the Term Term, the same shall, at Landlord's option, become the property of Landlord. The Tenant will pay to the Landlord an amount equal to the Renewal and Replacement Fund of the 2012 bond issue (currently $250,000.00) as security for any damages not repaired by the Tenant. If Tenant fully complies with all terms of the Lease, Landlord will return the Security Deposit within 20 days after termination/expiration of the Leased Premises to Tenant. If Tenant does not fully comply with the terms of the Lease, Landlord may use Security Deposit to pay amounts owed by Tenant, including damages and such charges shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Leaseadditional rent.

Appears in 1 contract

Samples: Lease Agreement

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall Xxxxxx will promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair causes referenced in Articles 17 and 18 excepted. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building. Tenant will not remove any trade fixtures or equipment without Landlord’s prior written consent if such fixtures or equipment were not installed by Tenant or if the removal of such fixtures or equipment will result in impairing the structural strength or integrity of the Building. Tenant shall be required to turn over all keys to Landlord upon surrender of the Premises. Tenant shall not be obligated to remove any Cosmetic Alterations or other alterations, unless Landlord conditions its consent to Tenant performing any alteration on Tenant’s removal of same upon surrender and delivery of possession of the Premises to Landlord. Tenant shall, unless agreed to by Landlord to the contrary in writing, remove all wiring and cables that Tenant brings into the Premises, and otherwise make such removals as may be required by applicable laws and codes. Until such time as Tenant’s trade fixtures and equipment are removed, Tenant shall continue to be obligated to pay Monthly Base Rent. Whether or not Tenant is in default, Tenant shall will remove such Alterationsalterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord has required under requested in accordance with Article 14. Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises after the end of the Term shall will be deemed conclusively to have been abandoned and upon five (5) days written notice from Landlord to Tenant, absent written notice from the Tenant of its intention to remove such items, the same may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord for all expenses incurred in connection with 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. Tenant's ’s obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Lease (BioPlus Acquisition Corp.)

End of Term. 16.1 At Upon the end expiration or earlier termination of the Term, Tenant shall promptly quit and surrender the Leased Premises broom-clean and in good the same order and repaircondition in which it was in on the Commencement Date, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in defaultAll alterations, additions or improvements and fixtures made to the Leased Premises made by either party shall remain upon and be surrendered with the Premises as a part thereof except that Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and all of Tenant's movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects furnishings and Alterations left on equipment not permanently attached to the Improvements or Premises and any of such property deemed by law to be the property of the School Board. All damage and injury to the Premises after caused by such removal must be repaired by Tenant at Tenant's sole expense. If such property of Tenant is not removed by Tenant prior to the end expiration or termination of the Term Term, the same shall, at Landlord's option, become the property of Landlord. The Tenant will pay to the Landlord $250,000.00 as security for any damages not repaired by the Tenant. If Tenant fully complies with all terms of the Lease, Landlord will return the Security Deposit within 20 days after termination/expiration of the Leased Premises to Tenant. If Tenant does not fully comply with the terms of the Lease, Landlord may use Security Deposit to pay amounts owed by Tenant, including damages and such charges shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for themadditional rent. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement

End of Term. 16.1 At the end of the Termterm of this Lease, Tenant shall promptly quit and will surrender the Premises broom-clean and in good order and repair, the same condition as the Premises were in on the Commencement Date except for ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of as otherwise provided in this Lease to repair exceptedLease. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises by Tenant, whether or not the trade fixtures or equipment are fastened to the building. Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if the trade fixtures or equipment are used in the operation of the building or if the removal of the fixtures or equipment will impair the structure of the building. Whether or not Tenant is then in default, Tenant shall will remove such Alterationsstructural alterations, additions, improvements, trade fixtures, equipment, and furniture as that Landlord has required under Article 14requested be removed in accordance with paragraph 13. Tenant shall will fully and properly repair any damage to the Premises occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All trade fixtures, equipment, furniture, inventoryalterations, effects additions, and Alterations left on the Premises after the end of the Term shall improvements not so removed will conclusively be deemed conclusively to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or to any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord for all expenses incurred in connection with the removal Landlord's disposition of such property, including but not limited to without limitation the cost of repairing any damage to the Building building or Premises caused by the removal of such the property. Tenant's obligation to observe and perform this covenant shall will survive the expiration or other termination end of this Lease.

Appears in 1 contract

Samples: Net Lease (Packaging Dynamics Corp)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive Upon the expiration or other termination of this Lease, Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and otherwise in compliance with the provisions of Article 3 hereof. If the last day of the Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 20. Tenant acknowledges that possession of the Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, attorneys' fees and disbursements) resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Rent and Rental theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on the Expiration Date, in addition to any other rights or remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrender the Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month and/or for each portion of any month during which Tenant holds over in the Premises after the Expiration Date, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Fixed Rent, Escalation Rent and Rental which was payable under this Lease during the last month of the Term, and (ii) two (2) times the then fair market rental value for the Premises. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or to limit in any manner Landlord's right to regain possession of the Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 20. The provisions of this Article 20 shall survive the Expiration Date.

Appears in 1 contract

Samples: Teltran International Group LTD

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises owned by Tenant, excluding those items of furniture, fixtures, or equipment (including laboratory equipment) purchased in accordance with the Tenant Allowance set forth in Section 10.2 above). Tenant will not remove any trade fixtures or equipment without Landlord’s prior written consent if such fixtures or equipment are used in the operation of the Building, or if the removal of such fixtures or equipment will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant shall remove such Alterationsalterations, additions, and improvements, trade fixtures, equipment, and furniture as Landlord has required under Article 14to be removed pursuant to Section 10.4 above. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All non-fixed assets in the Premises, including trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises after the end of the Term shall will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's ’s obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (ACV Auctions Inc.)

End of Term. 16.1 At 16. (A) Upon the end expiration or other termination of the TermTerm of this lease, Tenant shall promptly shall, at its own expense, quit and surrender to Landlord the Demised Premises, broom clean, in the same condition as the Demised Premises broom-clean and were in good order and repairon the Rent Commencement Date ordinary wear, ordinary wear and tear and damage by fire or other insured casualty excepted, and Tenant shall remove all of its property and shall pay the cost to repair all damage to the Demised Premises or the Building occasioned by such removal. Any property not removed from casualty the Premises shall be deemed abandoned by Tenant and may be retained by Landlord, as its property, or disposed of in any manner deemed appropriate by the Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant on demand. Notwithstanding anything to the contrary contained herein, upon the expiration or other termination of this lease, Tenant may, at Tenant's sole cost and expense, remove the uninterrupted power supply and backup generators installed by Tenant pursuant to Article 2 herein, provided Tenant shall pay the cost to repair all damage to the Demised Premises or the Building occasioned by such removal. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant is not required by other or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force, in connection with any holdover or summary proceeding which Landlord may institute to enforce the foregoing provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 propertyArticle. Tenant's obligation to observe and or perform this covenant shall survive the expiration or other termination of the Term of this Leaselease. If the last day of the Term of this lease or any renewal hereof falls on Sunday or a legal holiday, this lease shall expire on the business day immediately preceding. Tenant's obligations under this Article 16 shall survive the Expiration Date or sooner termination of this lease.

Appears in 1 contract

Samples: Entirement Agreement (Asi Solutions Inc)

End of Term. 16.1 At the end expiration of this Lease, whether according to its terms, or as the result of the Termoccurrence of an event herein stipulated as terminating this Lease, Tenant Lessee shall promptly quit and surrender the Premises broom-clean to the Lessor. Lessee shall deliver all keys and combinations to locks, safes and vaults (which are not readily removable without damaging the Premises) to Lessor. All alterations and additions to the Premises made by the Lessee in good order accordance with the terms of this Lease except trade fixtures shall become immediately the Property of the Lessor at the time said alterations or additions to the Premises are made, and repairshall remain upon the Premises at the termination of this Lease, ordinary unless the Lessor shall require the restoration of the Premises to their original condition, reasonable wear and tear excepted, in which event the Lessee shall, at its own expense, remove such of said alterations, additions and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then decorations as the Lessor requires and shall restore, excepting improvement made in defaultaccordance with Paragraph 17 (d) at Lessee's own expense, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))to its original condition. The Lessee shall, unattached equipmentat its own expense, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned caused by the removal of any Removable Trade Fixtures, equipment, furniture of Lessee's property at the termination of this Lease reasonable wear and Alterationstear excepted. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after Lessee's obligation to perform hereunder shall survive the end of the Term term of this Lease and in the event the Lessor requires the removal of the Lessee's property, and Lessee fails to remove its property on the expiration of this Lease, then said property shall be deemed conclusively to have been abandoned and may shall become the property of the Lessor. The Lessor shall nevertheless be appropriatedentitled to perform the obligations of Lessee under this paragraph at Lessee's expense, sold, stored, destroyed, or otherwise disposed and Lessee shall be liable to the Lessor for all reasonable costs incurred by the Lessor in the performance of such obligations. Any dispute regarding these matters shall be determined by Landlord without written notice to Tenant or any other person and without obligation to account for themarbitration in accordance with the then prevailing rules of the American Arbitration Association. Alternatively, Landlord, at its option, Any holding over after the expiration of the lease term shall have the right to declare the Term be construed to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (a tenancy from month-to-month at the rate rents herein specified in Section 27.11) and Additional Rent shall continue to accrue and so far as applicable. In the event such holding over is without the consent of Lessor, Lessee shall be payable upon demand. Tenant shall obligated to pay Landlord for all expenses incurred in connection with one and one half (1 1/2) 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Leaselatest monthly rent set forth herein.

Appears in 1 contract

Samples: Lease Agreement (Divine Skin Inc.)

End of Term. 16.1 At 16. (A) Upon the end expiration or other termination of the TermTerm of this lease, Tenant shall promptly shall, at its own expense, quit and surrender to Landlord the Premises broom-clean and Demised Premises, broom clean, in good order and repaircondition, ordinary wear and tear wear, tear, natural deterioration and damage by fire or other insured casualty excepted, and Tenant shall remove all of its property and shall pay the cost to repair all damage to the Demised Premises or the Building occasioned by such removal. Any property not removed from casualty the Premises shall be deemed abandoned by Tenant and may be retained by Landlord, as its property, or disposed of in any manner deemed appropriate by the Landlord. Any reasonable expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant within twenty (20) days following Tenant's receipt of an itemized invoice of such expenses from Landlord accompanied by invoices for all materials supplied and labor performed by parties other than Landlord's affiliates and employees. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant is not required by other or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force, in connection with any holdover or summary proceeding which Landlord may institute to enforce the foregoing provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 propertyArticle. Tenant's obligation to observe and or perform this covenant shall survive the expiration or other termination of the Term of this Leaselease. If the last day of the Term of this lease or any renewal hereof falls on Sunday or a legal holiday, this lease shall expire on the business day immediately preceding. Tenant's obligations under this Article 16 shall survive the Expiration Date or sooner termination of this lease.

Appears in 1 contract

Samples: Agreement of Lease (Twinlab Corp)

End of Term. 16.1 At On the end Expiration Date or earlier termination of the Termthis Lease, Tenant shall promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair or condemnation excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building. Tenant shall not remove any trade [***] Denotes confidential information omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. fixtures or equipment without Landlord’s prior written consent if such fixtures or equipment are used in the operation of the Building, or if the removal of such fixtures or equipment may result in impairing the structural strength of the Building. Whether or not Tenant there is in defaultan Event of Default, Tenant shall remove such Alterationsalterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord has required under requested in accordance with Article 1415, above. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal or storage 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. Tenant's ’s obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Dendreon Corp)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and to Landlord at the expiration or sooner termination of this Lease in good order and repaircondition, ordinary broom clean, except for reasonable wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair exceptedtear. If Tenant is not then in default, Tenant shall have be liable to Landlord for all damages, including any consequential damages, that Landlord may suffer by reason of any holding over by Tenant, and Tenant shall indemnify, defend, and save Landlord harmless against all costs, claims, losses, or liabilities resulting from delay by Tenant in so surrendering the right Premises, including any claims made by any succeeding tenant founded on any delay. All Alterations, including HVAC equipment, wall coverings, carpeting and other floor coverings, ceiling tiles, blinds and other window treatments, lighting fixtures and bulbs, built in or attached shelving, built in furniture, millwork, counter tops, cabinetry, all doors (both exterior and interior), bathroom fixtures, sinks, kitchen area improvements, and wall mirrors, made by Landlord or Tenant to the Premises shall become Landlord’s property on the expiration or sooner termination of the Lease Term. On the expiration or sooner termination of the Lease Term, Tenant, at its expense, shall remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))all moveable furniture, unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterationsfurnishings, equipment, and furniture as Landlord has required under Article 14other articles of moveable personal property owned by Tenant and located in the Premises that can be removed without damage to the Premises. Tenant, at its expense, shall also remove all computer and telecommunications wiring and all non-standard Alterations to the Premises, including any vault, stairway, or computer room Alterations or any Alterations involving roof, ceiling, or floor penetrations. Tenant shall fully and properly repair any damage occasioned caused by the removal removal. Any items of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on Tenant’s property that shall remain in the Premises after the end expiration or sooner termination of the Term shall Lease Term, may, at the option of Landlord, be deemed conclusively to have been abandoned abandoned, and in that case, those items may be appropriated, sold, stored, destroyed, or otherwise retained by Landlord as its property to be disposed of by Landlord Landlord, without written notice accountability to Tenant or any other person and without obligation to account for them. Alternativelyparty, Landlordin the manner Landlord shall determine, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Lease’s expense.

Appears in 1 contract

Samples: Lease (Ediets Com Inc)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and to Landlord at the expiration or sooner termination of this Lease or Tenant’s right of possession in good order and repaircondition, ordinary broom-clean, except for reasonable wear and tear and damage from casualty which tear. All Alterations made by Landlord or Tenant is not required by other provisions to the Premises shall become Landlord’s property on the expiration or sooner termination of this the Lease to repair exceptedTerm. If Tenant is not then in defaultOn the expiration or sooner termination of the Lease Term, Tenant Tenant, at its expense, shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))all of Tenant’s personal property, unattached equipmentall computer and telecommunications wiring, and movable furniture placed in the Premises all Alterations that Landlord designates by notice to Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly also repair any damage occasioned to the Premises caused by the removal removal. Any items of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on Tenant’s property that shall remain in the Premises after the end expiration or sooner termination of the Term shall Lease Term, may, at the option of Landlord and without notice, be deemed conclusively to have been abandoned abandoned, and in that case, those items may be appropriated, sold, stored, destroyed, or otherwise retained by Landlord as its property to be disposed of by Landlord Landlord, without written accountability or notice to Tenant or any other person and without obligation to account for them. Alternativelyparty, Landlordin the manner Landlord shall determine, at its option, shall have Tenant’s expense. Any holdover by Tenant beyond the right to declare expiration of the Term shall be a tenancy at sufferance and there shall be no renewal of this Lease by operation of law. During any holdover, the monthly Base Rent shall automatically increase to be continuing until all such property is removed and 200% of the Premises surrendered to Landlord Base Rent rate in the condition required by this Lease, and Monthly Rent (effect at the rate specified in Section 27.11end of the Term (which shall be due and payable and calculated on a monthly basis) and Additional Rent Tenant shall continue to accrue and comply with all other terms of this Lease (including, without limitation, payment of Tenant’s Allocated Share of Overhead Rent) during any such holdover. In addition, Tenant shall be payable upon demand. Tenant shall pay liable to Landlord for all expenses incurred in connection with the removal of such propertydamages, including but not limited to consequential damages, that Landlord may suffer by reason of any holding over by Tenant, and Tenant shall indemnify, defend, and save Landlord harmless against all costs, claims, losses, damages, or liabilities resulting from delay by Tenant in so surrendering the cost of repairing Premises, including any damage to the Building or Premises caused claims made by the removal of such property. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Leaseany succeeding tenant founded on any delay.

Appears in 1 contract

Samples: Office Lease (PASSUR Aerospace, Inc.)

End of Term. 16.1 At If the end damage to the Premises occurs during the [ * ] of the Term, and if the damage requires more than [ * ] to repair, either Landlord or Tenant may elect to terminate this Lease as of the date the damage occurred regardless of the sufficiency of any insurance proceeds. The party electing to terminate this Lease shall promptly quit and surrender give written notification to the other party of such election within [ * ] after the parties have mutually agreed upon the time period required for such repairs. 13. CONDEMNATION If the Project is condemned or taken for any public or quasi-public purpose, including any purchase in lieu of condemnation, this Lease shall terminate as of the date of taking of possession for such use or purpose. If a portion of the Project is condemned or taken, (whether or not the Premises broom-clean and in good order and repairbe affected), ordinary wear and tear and damage from casualty which Tenant is not required Landlord may, by other provisions of notice to Tenant, terminate this Lease to repair exceptedas of the date of the taking of possession. If Tenant is Landlord does not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by terminate this Lease, and Monthly Rent (at if the rate specified taking results in Section 27.11) and Additional a reduction in the square footage of the Premises, then the Base Rent shall continue be reduced pro-rata, and Landlord shall perform any necessary repairs to accrue and restore the Building to a complete unit. If the condemnation causes the Premises to be unusable for Tenant’s Permitted Use, in Tenant’s commercially reasonable opinion, Tenant may terminate this Lease by giving notice within ten days after notice from Landlord or the intended extent of the taking, such termination to be effective as of the date of the taking. Landlord shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred entitled to the entire award in connection with the removal of such propertyany condemnation proceeding, including but not limited to any award for the cost value of repairing any damage to the Building or Premises caused by the removal of such property. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination unexpired term of this Lease, and shall have the exclusive authority to settle the condemnation proceeding, and the exclusive discretion to grant “possession and use” to the condemning authority, and Tenant shall have no claim against Landlord or against the proceeds of the condemnation. 14.

Appears in 1 contract

Samples: Seagen Inc.

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive Upon the expiration or other termination of this Lease, Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and otherwise in compliance with the provisions of Article 3 hereof. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 20 with respect to the originally stated Expiration Date. Tenant acknowledges that possession of the Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, attorneys' fees and disbursements) resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Rent and Escalation Rent theretofore payable hereunder, and will be impossible to measure accurately. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before the Expiration Date, in addition to any other rights or remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrender the Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date, a sum equal to one and one-half for the first sixty days of such holdover and thereafter, two (2) times the aggregate of that portion of the Fixed Rent, Escalation Rent and other items of Rental which were payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises without written consent after the Expiration Date or to limit in any manner Landlord's right to regain possession of the Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 20. The provisions of this Article 20 shall survive the Expiration Date.

Appears in 1 contract

Samples: Agreement of Lease (BLC Financial Services Inc)

End of Term. 16.1 At ABANDONED PROPERTY Upon the end expiration or other termination of the Termterm of this Lease, Tenant shall promptly peaceably quit and surrender to Landlord the Premises broom-clean and all alterations and additions thereto, broom clean, in good order, repair and condition (except as provided herein and in good order Articles 8.7, 18 and repair20), excepting only ordinary wear and tear use and damage from by fire or other casualty which Tenant is not required by for which, under other provisions of this Lease to repair excepted. If Tenant is not then in defaultLease, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenanthas no responsibility of repair or restoration. Whether or not Tenant is in default, Tenant shall remove such Alterationsall of its property to the extent specified by Landlord, equipmentincluding, without limitation, all cabling and wiring installed by or for the benefit of Tenant, all alterations and additions made by Tenant and all partitions wholly within the Premises, but excluding Tenant's Work as specified on Exhibit TW, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on damages to the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 their installation or by such propertyremoval. Tenant's obligation to observe and or perform this covenant shall survive the expiration or other termination of the term of this Lease. Tenant will remove any personal property from the Building and the Premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the Premises thereafter shall be conclusively deemed to have been abandoned, and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive and retain the proceeds of such sale and apply the same at its option against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 21 hereof or pursuant to law. If Tenant or anyone claiming under Tenant shall remain in possession of the Premises or any part thereof after the expiration or prior termination of the term of this Lease then, at Landlord's option, the person remaining in possession shall be deemed a tenant-at-sufferance or a trespasser. In the event that Tenant holds over with Landlord's consent, such occupancy shall be deemed a tenancy from month to month. Whereas the parties hereby acknowledge that Landlord may need the Premises after the expiration or prior termination of the term of the Lease for other tenants and that the damages which Landlord may suffer as the result of Tenant's holding over cannot be determined as of the Execution Date hereof. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from any cost, loss, claim or liability (including attorneys' fees) Landlord may incur as a result of Tenant's failure to surrender possession of the Premises to Landlord. In the event that Tenant holds over with or without Landlord's consent, such occupancy shall be upon all the terms and conditions of this Lease pertaining to the obligations of Tenant, including that Tenant shall pay to Landlord, for each month or portion thereof that Tenant shall retain possession of the Premises after the expiration or termination of the Lease, whether by lapse of time or otherwise, in addition to all rental and other charges due and accrued under the Lease prior to the date of termination, use and occupancy charges equal to two hundred percent (200%) of the greater of (a) the then fair market rent for the Premises as conclusively determined by Landlord or (b) the sum of the Yearly Rent and additional rent at the rate payable monthly during the twelve (12) months immediately preceding the expiration or termination of the Lease and all Extension Options, if any, shall be deemed terminated and of no further effect. In addition, Tenant shall hold Landlord harmless from all damages which Landlord may suffer as the result of Tenant's holdover after the termination of the term of the Lease.

Appears in 1 contract

Samples: Lease by And (Cambex Corp)

End of Term. 16.1 At ABANDONED PROPERTY Upon the end expiration or other termination of the Termterm of this Lease, Tenant shall promptly peaceably quit and surrender to Landlord the Premises broom-clean premises and all alterations and additions thereto, broom clean, in good order, repair and condition (except as provided herein and in good order Articles 7.2, 7.3, 17 and repair, 19) excepting only ordinary wear and tear use and damage from by fire or other casualty which Tenant is not required by for which, under other provisions of this Lease to repair excepted. If Tenant is not then in defaultLease, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenanthas no responsibility of repair or restoration. Whether or not Tenant is in default, Tenant shall remove such Alterationsall of its property (including, equipmentwithout limitation, any signage installed by Tenant) and, to the extent specified by Landlord, all alterations and additions made by Tenant and all partitions wholly within the premises, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal of such property, including but not limited damages to the cost of repairing any damage to premises or the Building or Premises caused by the removal of their installation or by such propertyremoval. Tenant's obligation to observe and or perform this covenant shall survive the expiration or other termination of the term of this Lease. Tenant will remove any personal property from the Building and the premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the premises thereafter shall be conclusively deemed to have been abandoned, and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 20 hereof or pursuant to law. If Tenant or anyone claiming under Tenant shall remain in possession of the premises or any part thereof after the expiration or prior termination of the term of this Lease without any agreement in writing between Landlord and Tenant with respect thereto, then, notwithstanding Landlord's acceptance of any payments for rent or use and occupancy, the person remaining in possession shall be deemed a tenant-at-sufferance. Whereas the parties hereby acknowledge that Landlord may need the premises after the expiration or prior termination of the term of the Lease for other tenants and that the damages which Landlord may suffer as the result of Tenant's holding-over cannot be determined as of the Execution Date hereof in the event that Tenant so holds over, Tenant shall pay to Landlord in addition to all rental and other charges due and accrued under the Lease prior to the date of termination, charges (based upon the fair market rental value of the Premises) for use and occupation of the premises thereafter and, in addition to such sums and any and all other rights and remedies which Landlord may have at law or in equity, an additional use and occupancy charge in the amount of one hundred (100%) percent of either the Yearly Rent and all other amounts payable under the Lease calculated (on a daily basis) at the highest rate payable under the terms of this Lease, but measured from the day on which Tenant's hold-over commenced and terminating on the day on which Tenant vacates the premises or the fair market rental value of the premises for such period, whichever is greater. In addition, Tenant shall save Landlord, its agents and employees, harmless and will exonerate, defend and indemnify Landlord, its agents and employees, defend and indemnify Landlord, its agents and employees, from and against any and all damages which Landlord may suffer on account of Tenant's hold-over in the premises after the expiration or prior termination of the term of the Lease.

Appears in 1 contract

Samples: Lease (Archibald Candy Corp)

AutoNDA by SimpleDocs

End of Term. 16.1 At the expiration of this Lease, Tenant shall surrender the Demised Premises broom clean and in the same condition as it was in upon the completion of the Landlord's Work, reasonable wear and tear and renovations as herein contemplated excepted, and shall deliver all keys and combinations to locks, safes and vaults to Landlord. Within thirty (30) days of surrendering said premises, Tenant shall remove all its personal property and equipment, and (except as previously agreed to in writing by Landlord and Tenant) all trade fixtures, alterations, additions and decorations, and shall repair any damage caused thereby. Tenant's obligations to perform this provision shall survive the end of the Termterm of this Lease. If Tenant fails to remove its property upon the expiration of this Lease, the said property shall be deemed abandoned and shall become the property of Landlord, and if Landlord elects to remove same, Tenant shall promptly quit and surrender the Premises broom-clean and be liable for all costs incurred in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair exceptedconnection therewith. If Tenant is the Demised Premises be not then in defaultsurrendered as and when aforesaid, Tenant shall have the right to remove indemnify Landlord against all loss or liability resulting from the Premises delay by Tenant in so surrendering the same, including, without limitation, any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises claims made by Tenant. Whether or not Tenant is in default, Tenant shall remove any succeeding occupant founded on such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 propertydelay. Tenant's obligation to observe and perform obligations under this covenant Paragraph shall survive the expiration or other sooner termination of the term of this Lease.lease

Appears in 1 contract

Samples: Lease Agreement (International Airline Support Group Inc)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive 20.1 Upon the expiration or other termination of this Lease, Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and otherwise in compliance with the provisions of Article 3 hereof. If the last day of the Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have to a "stay" under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 20. Tenant acknowledges that possession of the Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, attorneys' fees and disbursements) resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Rent and Escalation Rent theretofore payable hereunder, and will be impossible to measure accurately. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date, in addition to any other rights or remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrender the Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date, a sum equal to two (2) times the aggregate of that portion of the Fixed Rent, Escalation Rent and other items of Rental which were payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or to limit in any manner Landlord's right to regain possession of the Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 20. The provisions of this Article 20 shall survive the Expiration Date.

Appears in 1 contract

Samples: Agreement of Lease (Minerals Technologies Inc)

End of Term. 16.1 At Tenant shall, on the last day of the term, or on earlier termination and forfeiture of the Lease, peaceably and quietly surrender and deliver the Demised Premises, together with all keys to same, to the Landlord. Prior to the end of the Lease Term, Tenant shall promptly quit remove all its personal property and surrender equipment, and all trade fixtures, movable/non-structural alterations, additions, decorations or any modifications to the Demised Premises broom-clean and not added, performed or installed in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions compliance with the terms of this Lease to or with Landlord's written approval, and shall repair excepted. If Tenant is not then in defaultany damage caused thereby, provided that Tenant shall have not be required to repaint the right Demised Premises, unless such repainted is necessitated by the misuse, abuse or damage to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Demised Premises by Tenant, its agents, employees, contractors or sub-contractors. Whether or not Tenant is in default, Tenant Tenant's obligations to perform this provision shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after survive the end of the Term term of this Lease. If Tenant fails to remove its property upon the expiration of this Lease, the said property shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed shall become the property of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its optionand if Landlord elects to remove same, shall have excluding non-movable/structural alterations, additions and improvements added or installed in accordance with the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by terms of this LeaseLease or with Landlord's written approval, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and Tenant shall be payable upon demand. Tenant shall pay Landlord liable for all expenses costs reasonably incurred in connection with therewith. If the removal of Demised Premises be not surrendered as and when aforesaid, Tenant shall indemnify Landlord against all loss or liability resulting from the delay by Tenant in so surrendering the same, including, without limitation, any claims made by any succeeding occupant founded on such property, including but not limited to the cost of repairing any damage to the Building or Premises caused by the removal of such propertydelay. Tenant's obligation to observe and perform obligations under this covenant Paragraph shall survive the expiration or other sooner termination of the term of this Leaselease.

Appears in 1 contract

Samples: Lease Agreement (Parlux Fragrances Inc)

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall will promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the building; Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation of the building, or if the removal of such fixtures or equipment will result in impairing the structural strength of the building. Whether or not Tenant is in default, Tenant shall will remove such Alterationsalterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord has required under requested in accordance with Article 14. Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises 23 after the end of the Term shall will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord for all expenses incurred in connection with the removal of such property, including but not limited to the cost of repairing any damage to the Building building or Premises caused by the removal of such property. Tenant's obligation to observe and perform this covenant shall will survive the expiration or other termination Termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Eloquent Inc)

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall will promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, equipment and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building; Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation of the Building, or if the removal of such fixtures or equipment will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant shall will remove such Alterationsalterations, equipmentadditions, improvements, trade fixtures, equipment and furniture as Landlord has required under requested in accordance with Article 1413. Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions and Alterationsimprovements. All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions and Alterations left improvements on the Premises after the end of the Term shall will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, destroyed or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord for all expenses incurred in connection with the removal of such property, including including, but not limited to to, the cost of repairing any damage to the Building or Premises caused by the removal of such property. Tenant's obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Scotts Liquid Gold Inc)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive Upon the expiration or other termination of this Lease., Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and otherwise in compliance with the provisions of Article 3 hereof. If the last day of the Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 20. Tenant acknowledges that possession of the Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, attorneys' fees and disbursements) resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly

Appears in 1 contract

Samples: Agreement of Lease (PNV Net Inc)

End of Term. 16.1 At ABANDONED PROPERTY Upon the end expiration or other termination of the TermTerm of this Lease, Tenant shall promptly peaceably quit and surrender to Landlord the Demised Premises broom-and all alterations and additions thereto which Tenant is not entitled or required to remove under the provisions of this Lease broom clean and in good order order, repair and repair, ordinary condition excepting only reasonable use and wear and tear and damage from by fire or other casualty which Tenant is not required by for which, under other provisions of this Lease to repair excepted. If Tenant is not then in defaultLease, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether has no responsibility of repair or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 propertyrestoration. Tenant's ’s obligation to observe and or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease or any renewal thereof falls on a day other than a Business Day, this Lease shall expire on the Business Day immediately preceding. Tenant shall pay 150% of the amount of Rent (calculated at the rate most recently in effect) applicable to each month or fraction thereof during which Tenant remains in possession of any part of the Demised Premises in violation of the foregoing covenants, without prejudice to eviction and any other remedy available to Landlord on account thereof. Any personal property in which Tenant has an interest which shall remain in the Building or on the Demised Premises after the expiration or termination of the Term of this Lease shall be conclusively deemed to have been abandoned, and may be disposed of in such manner as Landlord may see fit; provided however, notwithstanding the foregoing, that Tenant will, upon request of Landlord made not later than thirty (30) days after the expiration or termination of the Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Rent payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 19 or pursuant to law, with the balance if any, to be paid to Tenant.

Appears in 1 contract

Samples: Lease (Viryanet LTD)

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall will promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building; Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation of the Building, or if the removal of such fixtures or equipment will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant shall will remove such Alterationsalterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord has required under requested in accordance with Article 14. Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions, and Alterations left on the Premises after the end of the Term shall improvements not so removed will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Lecstar Corp)

End of Term. 16.1 At the end End of Term, and in the absence of renewal or subject to Tenant’s right to remain under local law, Tenant shall yield up the Premises, broom clean and in good repair, order and condition, and remove all of its personal property therein. If Tenant fails to deliver vacant possession of the Premises in the manner required hereunder on or prior to the expiration or earlier termination of the Term, such failure will not be deemed to extend the Term and Tenant shall will pay to Landlord promptly quit upon demand therefor as and surrender for liquidated damages, for each day or portion thereof during which Tenant retains possession of the Premises broom-clean and after such expiration or earlier termination, an amount equal to 150% of the pro rata Rent of the Monthly Basic Rent payable by Tenant during the Term (in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by addition to all other amounts set forth herein). The provisions of this Lease Section 13 will not be deemed to repair excepted. If Tenant is not then limit or constitute a waiver of any other rights or remedies provided herein or at law or in defaultequity, Tenant shall have the right to remove from and Landlord may without notice, reenter the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipmenteither by force or otherwise, and movable furniture placed in the Premises dispossess Tenant by Tenant. Whether summary proceedings or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14otherwise. Tenant shall fully will additionally indemnify and properly repair any damage occasioned by the removal hold Landlord harmless from and against all loss, liability, costs and expenses of any Removable Trade Fixtureskind or nature (including, equipmentwithout limitation, furniture attorneys’ fees and Alterationsdisbursements) resulting from or arising out of Tenant’s failure to comply with the provisions of this Section 13. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on Nothing herein contained will be deemed to permit Tenant to retain possession of the Premises after the end expiration or earlier termination the Term. The provisions of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall 13 will survive the expiration or other earlier termination of this Leasethe Term.

Appears in 1 contract

Samples: Lease Agreement

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and premises to Landlord at the expiration or sooner termination of this lease in good order and repaircondition, ordinary except for reasonable wear and tear and damage from casualty by fire or other casualty, and Tenant shall remove all of its personal property, as well as any other alteration or installation which Tenant is not specifically required by other to remove pursuant to the provisions of Article 8C(ii) of this Lease lease. Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to repair exceptedand to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. If Landlord may retain or assign any salvage or other residual value of such property; provided, however, that same shall be offset against any sums due from Tenant to Landlord for disposing of such property, as set forth in the immediately succeeding sentence. In consideration of Landlord’s disposing of such property, Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant of more than ninety (90) days in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, the following liquidated damages: for the first month or portion of such first month during which Tenant holds over in the demised premises after expiration or termination of the term of this lease, a sum equal to one and one-half (1.5) times the average fixed annual rent and additional rent which were payable per month under this lease during the last six (6) months of the term thereof; and for any month or portion of a month after said first month, during which Tenant holds over in the demised premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average fixed annual rent and additional rent which were payable per month under this lease during the last six (6) months of the term thereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence shall be deemed to be an agreement expressly “providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in defaultforce in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the premises to prospective purchasers or mortgagees of Landlord’s interest therein, or prospective investors, during normal business hours, upon not less than twenty-four (24) hours’ prior notice to Tenant (which notice may be given to Tenant orally); provided, however, that (i) Landlord shall use commercially reasonable efforts to minimize any interruption of Tenant’s business in the demised premises and (ii) Tenant shall have the right to remove from the Premises have an employee of Tenant accompany Landlord and any Removable Trade Fixtures (as defined in Section 14.1 (b))of its prospective purchasers, unattached equipment, and movable furniture placed in the Premises by Tenant. Whether mortgagees or not Tenant is in default, Tenant shall remove investors at all times during such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end exhibition of the Term shall be deemed conclusively demised premises. During the last year of the term of this lease, Landlord may exhibit the premises to have been abandoned and may be appropriatedprospective tenants, soldduring normal business hours, stored, destroyed, or otherwise disposed of by Landlord without written upon not less than twenty-four (24) hours’ prior notice to Tenant or (which notice may be given to Tenant orally); provided, however, that (i) Landlord shall use commercially reasonable efforts to minimize any other person interruption of Tenant’s business in the demised premises and without obligation to account for them. Alternatively, Landlord, at its option, (ii) Tenant shall have the right to declare have an employee of Tenant accompany Landlord and any of its prospective tenants at all times during such exhibition of the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Leasedemised premises.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Coty Inc /)

End of Term. 16.1 At the end expiration of the Term, Tenant shall promptly quit and surrender or upon the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in defaultearlier termination hereof, Tenant shall have surrender the right to remove from Unit, the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed Apartment and the Premises surrendered Amenities to Landlord in the same condition required by this Leaseas existed on the Commencement Date, reasonable wear and Monthly Rent (at tear excepted. If any of the rate specified foregoing is not returned in Section 27.11) and Additional Rent shall continue such condition, Landlord reserves the right to accrue and shall be payable upon demandcharge Tenant for the costs of repair or replacement. Tenant shall pay Landlord not be responsible for reasonable wear and tear; however, Tenant is responsible for replacement of any damaged or missing items and for payment of all expenses incurred in connection with costs to clean or repair any portion of the removal of such propertyUnit, Apartment or Amenities, including but not limited to the cost carpeting, flooring, wall coverings, paint, counters, trim, window treatments, doors, windows or appliances, which are damaged, dirty or unsanitary. Cleaning and repair of repairing any damage due to smoking of any kind are not considered ordinary wear and tear. Tenant shall remove all of its personal property from the Building Unit and the Apartment on or Premises before the expiration or earlier termination of the Term. Upon such removal Tenant shall immediately, at its sole expense, repair and restore all damage caused by the removal of its property. Tenant must also remove at its own expense any installation, attachment or alteration made in the Unit or Apartment, even if it was done with Landlord’s consent, and at Tenant’s own expense restore and repair to its original condition those portions of the Unit or Apartment affected by the installations, attachments, alterations and removals; upon default thereof, Tenant shall reimburse Landlord for Landlord’s reasonable cost of repairing and restoring such damage. Any property not removed by Tenant as required hereunder shall be deemed abandoned, and Landlord may in all cases at Tenant’s expense and without notice to Tenant and without accountability to Tenant (a) remove and store such property or (b) remove and dispose of such property. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement

End of Term. 16.1 At On the end Expiration Date, or upon any earlier termination of the Termthis Sublease, Tenant Sublessee shall promptly quit and surrender the Subleased Premises to Sublessor broom-clean and in as good order order, condition and repair, repair as the Subleased Premises existed upon the Commitment Date except for ordinary wear and tear tear, any restoration of the Subleased Premises not required pursuant hereto, damage or destruction by fire and other casualty and such other damage from casualty the repair of which Tenant is not required by other Sublessee's obligation hereunder (provided no such damage shall be due to Sublessee's or misconduct), and otherwise in accordance with the applicable provisions of the Lease. Sublessee recognizes that Sublessor may suffer substantial damage if Sublessee fails to surrender and vacate the Subleased Premises on the Expiration Date. Sublessee, therefore, agrees that if Sublessee shall hold-over or remain in possession beyond the Expiration Date of this Lease Sublease, Sublessee shall in addition to repair excepted. If Tenant is not then in defaultthe provision of Paragraph 31 below, Tenant shall have the right to remove from the Premises be liable for alx xxxxxxxxxxxx xxxxxxs directly related thereto and arising therefrom, including any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal damages arising out of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent lost opportunities (at the rate specified in Section 27.11and/or new lease) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal such holding over. All damages to Sublessor by reason of such propertyholding-over by Sublessee may be the subject of a separate action and need not be asserted by Sublessor in any summary proceeding against Sublessee. Sublessee further agrees to indemnify Sublessor against and from any and all losses, liabilities, damages, costs and expenses (including but not limited reasonable attorney's fees) Sublessor incurs to dispossess Sublease, or otherwise, resulting from Sublessee's failure to vacate the cost of repairing any damage to Subleased Premises on the Building or Premises caused by the removal of such propertyExpiration Date. TenantSublessee's obligation to observe and perform obligations under this covenant Paragraph 17 shall survive the expiration or other termination of this LeaseSublease.

Appears in 1 contract

Samples: Agreement of Sublease (Queryobject Systems Corp)

End of Term. 16.1 At 16. (A) Upon the end expiration or other termination of the TermTerm of this lease, Tenant shall promptly shall, at its own expense, quit and surrender to Landlord the Premises broom-clean and Demised Premises, broom clean, in good order and repaircondition, ordinary wear and wear, tear and damage from by fire or other insured casualty which expected, and Tenant is not required by other provisions shall remove all of this Lease its property and shall pay to Landlord the cost to repair exceptedall damage to the Demised Premises or the Building occasioned by such removal. If All fixtures, and all paneling, partitions, railings, staircases and like installations, installed in the Demised Premises at any time, either by Tenant is or by Landlord on Tenant's behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord elects to have such installations removed at Tenant's expense, in which event, the same shall be removed and the Demised Premises returned to its original condition prior to expiration of the Term hereof, at Tenant's expense. Any property not then in default, Tenant shall have the right to remove removed from the Premises shall be deemed abandoned by Tenant and may be retained by Landlord, as its property, or disposed of in any Removable Trade Fixtures (as defined in Section 14.1 (b))manner deemed appropriate by the Landlord. Notwithstanding the foregoing, unattached equipment, and movable furniture placed in the Premises by Tenant. Whether event that Tenant employs the use of any uninterrupted power supply system or not Tenant is in defaultany other battery-based equipment, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by equipment prior to the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end expiration of the Term at its sole expense and in compliance with all applicable laws, rules and regulations. Any expense incurred by Landlord in removing or disposing of such property shall be deemed conclusively reimbursed to have been abandoned Landlord by Tenant on demand. Tenant expressly waives, for itself and may be appropriatedfor any person claiming through or under Tenant, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to any rights which Tenant or any other such person may have 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 without obligation to account for them. AlternativelyRules and of any successor law of like import then in force, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with any holdover or summary proceeding which Landlord may institute to enforce the removal foregoing provisions 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 propertythis Article. Tenant's obligation to observe and or perform this covenant shall survive the expiration or other termination of the Term of this Leaselease. If the last day of the Term of this lease or any renewal hereof falls on Sunday or a legal holiday, this lease shall expire on the business day immediately preceding. Tenant's obligations under this Article 16 shall survive the Expiration Date or sooner termination of this lease.

Appears in 1 contract

Samples: Agreement of Lease (Allion Healthcare Inc)

End of Term. 16.1 At Section 25.01 On the end of the TermExpiration Date or such earlier date that this Lease terminates or expires, Tenant shall promptly quit peaceably and quietly surrender the Premises broom-clean and to Landlord vacant (except for those Subtenants occupying under leases with Landlord), broom clean, in good order order, condition and repair, ordinary repair excepting reasonable wear and tear and damage from casualty which Tenant that is not required Tenant’s obligation to repair, free and clear of all Subleases, liens, and other encumbrances (except for liens and encumbrances caused or expressly consented to by Landlord), and with all Personal Property acquired (or leased) by Tenant or Tenant’s Affiliates and all personal property of Subtenants (except for the property of Subtenants occupying under leases with Landlord) removed. Tenant shall deliver to Landlord, on or before the Expiration Date or such earlier date that this Lease terminates or expires, upon Landlord’s request, all licenses, permits, warranties, and guaranties then in effect for the Premises (and shall assign same to Landlord upon Landlord’s request) and all books and records reasonably requested by Landlord. Tenant shall cooperate with Landlord to achieve an orderly transition of the Premises to Landlord’s control. Landlord and Tenant shall, prior to the Expiration Date, (a) adjust for Impositions and all other provisions appropriate expenses and income of the Premises, and (b) if a Memorandum of Lease has been recorded, execute a document in recordable form evidencing the termination of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Leaseamendments thereto.

Appears in 1 contract

Samples: Commencement Date Agreement

End of Term. 16.1 At Notwithstanding anything to the contrary contained herein, if a Insubstantial Condemnation occurs on a Property within the last thirty (30) months of the end of the Termexisting Term which requires restoration of the Improvements on such Property (by more than a de minimis amount), Tenant shall promptly quit may, upon Notice to Landlord within ten (10) days after the effective date of such Condemnation and surrender subject to the Premises broom-clean and in good order and provisions of the applicable Third Party Lease, if any, elect to not restore such Property, regardless of whether the Award with respect to such Insubstantial Condemnation is sufficient to complete said repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair exceptedrestoration or reconstruction. If Tenant is not makes the election referred to in this Section, then in defaultthe Award with respect to such Insubstantial Condemnation shall, subject to the rights of Third Party Lessors, belong entirely to Landlord. If, at the time of such election, Tenant then holds any portion of the Award received on account of such Insubstantial Condemnation, such Award shall, subject to the rights of Third Party Lessors, promptly be paid to Landlord. If Tenant makes such election not to restore, then this Restated Lease shall have the right terminate as to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipmentsuch Property upon such election, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term Property shall be deemed conclusively to have been abandoned and may deleted from this Restated Lease on such date. Thereupon, Fixed Rent shall be appropriatedadjusted in accordance with the Fixed Rent Adjustment Procedures, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered amounts held pursuant to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue Restated Lease on account of advanced Real Estate Tax payments pursuant to accrue and Article 4 shall be payable upon demandadjusted accordingly. Tenant In no event shall pay Landlord for all expenses incurred any election pursuant to this Section be deemed to in connection with 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. way affect Tenant's obligation to observe comply with all applicable Law and perform Environmental Law with respect to such Property before the time at which such Property is deleted from this covenant shall survive the expiration or other termination of this Restated Lease.

Appears in 1 contract

Samples: Master Lease (Getty Realty Corp /Md/)

End of Term. 16.1 At ABANDONED PROPERTY Upon the end expiration or other termination of the TermTerm of this Lease, Tenant shall promptly peaceably quit and surrender to Landlord the Demised Premises broom-and all alterations and additions thereto, broom clean and in good order order, repair and repair, ordinary condition excepting only reasonable use and wear and tear and damage from by fire or other casualty which Tenant is not required by for which, under other provisions of this Lease to repair excepted. If Tenant is not then in defaultLease, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether has no responsibility of repair or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 propertyrestoration. Tenant's obligation to observe and or perform this covenant shall survive the expiration or other termination of the term of this Lease. Any personal property in which Tenant has an interest which shall remain in the Building or on the Demised Premises after the expiration or termination of the Term of this Lease shall be conclusively deemed to have been abandoned, and may be disposed of in such manner as Landlord may see fit; provided, however, notwithstanding the foregoing, that Tenant will, upon request of Landlord made not later than thirty (30) days after the expiration or termination of the term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Rent payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 19 hereof or pursuant to law, with the balance if any, to be paid to Tenant.

Appears in 1 contract

Samples: Entire Agreement (International Integration Inc)

End of Term. 16.1 At Tenant agrees to promptly vacate the Premises at the ----------- conclusion of the Term of the Lease and to leave such Premises broom clean, free of all debris, waste(s) and by-products, and in an environmentally safe condition, in compliance with all governmental laws, rules, orders, and regulations. Landlord may, at its option, retain an environmental or engineering consultant or consulting firm to verify Tenant's compliance with this provision, and Tenant agrees to provide access and reasonable assistance to such consultant or consulting firm at the Premises. Should Landlord desire to have the Premises or any part thereof restored to the condition in which they were originally delivered to Tenant, reasonable wear and tear excepted, Landlord shall so notify Tenant in writing no less than thirty (30) days prior to the end of the Term. In the event Landlord shall so desire, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repairthen Tenant, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease prior to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term at its sole cost and expense shall be deemed conclusively to have been abandoned so restore the Premises, additions and improvements as may be appropriatedrequested by Landlord, soldand fix and repair any and all damage or defacement to the Building and/or lands caused by the installation and/or removal of alterations, storedadditions, destroyedimprovements, or otherwise disposed of by Landlord without written notice to Tenant furniture, equipment, trade fixtures or any other person property. Any and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal of such property, including but alterations, additions or improvements not limited to so removed, at Landlord's option, shall become the exclusive property of Landlord and be disposed of by Landlord, at Tenant's cost of repairing and expense, without further notice or demand. If the Premises be not surrendered as and when aforesaid, Tenant shall indemnify Landlord against any damage to the Building damages, loss or Premises caused liability resulting therefrom, including, without limitations, any claims made by the removal of any succeeding occupant founded on such propertydelay. Tenant's obligation to observe and perform under this covenant Section shall survive the expiration or other sooner termination of this Leasethe Term.

Appears in 1 contract

Samples: Lease Agreement (Equinix Inc)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and to Landlord at the expiration or sooner termination of this Lease in good order and repaircondition, ordinary broom-clean, except for reasonable wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair exceptedtear. If Tenant is not then in default, Tenant shall have be liable to Landlord for all damages, including any consequential damages, that Landlord may suffer by reason of any holding over by Tenant, and Tenant shall indemnify, defend, and save Landlord harmless against all costs, claims, loss, or liability resulting from delay by Tenant in so surrendering the right Premises, including any claims made by any succeeding tenant founded on any delay. All Alterations made by Landlord or Tenant to the Premises shall become Landlord’s property on the expiration or sooner termination of the Lease Term. On the expiration or sooner termination of the Lease Term, Tenant, at its expense, shall remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipmentall of Tenant’s personal property, and movable furniture placed in the Premises all Alterations (including, computer and telecommunications wiring) that Landlord designates by notice to Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly also repair any damage occasioned to the Premises caused by the removal removal. Any items of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on Tenant’s property that shall remain in the Premises after the end expiration or sooner termination of the Term shall Lease Term, may, at the option of Landlord, be deemed conclusively to have been abandoned abandoned, and in that case, those items may be appropriated, sold, stored, destroyed, or otherwise retained by Landlord as its property to be disposed of by Landlord Landlord, without written notice accountability to Tenant or any other person and without obligation to account for them. Alternativelyparty, Landlordin the manner Landlord shall determine, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Lease’s expense.

Appears in 1 contract

Samples: Office Lease (FlexShopper, Inc.)

End of Term. 16.1 At Notwithstanding anything to the contrary contained herein, if a Substantial Casualty occurs within the last thirty (30) months of the end of the existing Term, Tenant shall promptly quit may, upon Notice to Landlord given within thirty (30) days of the determination of the amount of insurance proceeds to be received from the insurance carrier with respect to such Substantial Casualty and surrender subject to the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease the applicable Third Party Lease, if any, elect to repair exceptednot restore such Property, regardless of whether the insurance proceeds with respect to such Substantial Casualty are sufficient to complete the restoration of the Property in accordance with Section 13.1 hereof. If Tenant is so elects not to restore, then in defaultthe insurance proceeds with respect to such Substantial Casualty shall, subject to the rights of Third Party Lessors, belong entirely to Landlord. If, at the time of such election, Tenant then holds any portion of such insurance proceeds, such proceeds shall, subject to the rights of Third Party Lessors, promptly be paid to Landlord. If Tenant makes such election not to restore, then this Restated Lease shall have terminate as to such Property as of the right date on which Landlord or the Third Party Lessor, as the case may be, receives the full amount of the insurance proceeds to remove be received from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipmentall insurance carriers with respect to such Substantial Casualty, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term Property shall be deemed conclusively to have been abandoned and may deleted from this Restated Lease on such date. Thereupon, Fixed Rent shall be appropriatedadjusted in accordance with the Fixed Rent Adjustment Procedures, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered amounts held pursuant to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue Restated Lease on account of advanced Real Estate Tax payments pursuant to accrue and Article 4 shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Lease.adjusted

Appears in 1 contract

Samples: Master Lease (Getty Realty Corp /Md/)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and to Landlord at the expiration or sooner termination of this Lease in good order and repaircondition, ordinary except for reasonable wear and tear and damage by fire or other casualty. Tenant shall indemnify, defend and save Landlord harmless against all costs, claims, loss or liability resulting from casualty delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the Fixed Annual Rent theretofore payable hereunder, and accurate measurement will be impossible. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on the date of the expiration or sooner termination of this Lease, then, unless Landlord shall have consented to Tenant’s holding over, Tenant shall pay Landlord as liquidated damages for each month and for each portion of any month prorated on a daily basis, during which Tenant is not required by other provisions holds over in the Premises after expiration or termination of the term of this Lease without consent, a sum equal to repair exceptedone hundred fifty percent (150%) of the Fixed Annual Rent and Additional Rent which was payable per month under this Lease during the last month of the terms thereof. If Tenant is not then Any personal property remaining in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end expiration or sooner termination of the Term term of this Lease shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such abandoned property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in option of Landlord. The aforesaid provision of this Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other sooner termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Applied Genetic Technologies Corp)

End of Term. 16.1 At On the end Expiration Date or earlier termination of the Termthis Lease, Tenant shall promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair or condemnation excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building. Tenant shall not remove any trade fixtures or equipment without Landlord’s prior written consent if such fixtures or equipment are used in the operation of the Building (other than the Premises), or if the removal of such fixtures or equipment may result in impairing the structural strength of the Building. Whether or not Tenant there is in defaultan Event of Default, Tenant shall remove such Alterationsalterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord has required under requested in accordance with Article 1415, above. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal or storage 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. Tenant's ’s obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Acucela Inc)

End of Term. 16.1 At 21.1 Upon the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Demised Premises, broom clean, in as good order, condition and repair as it now is or may hereafter be placed, ordinary wear excepted. Tenant shall remove all property of Tenant, as directed by Landlord. Any property left on the Demised Premises at the expiration or other termination of this Lease, or after the happening of any of the events of default set forth in Article 18, may, at the option of Landlord, either be deemed abandoned or be placed in storage at a public warehouse in the name of and for the account of and at the expense and risk of Tenant or otherwise disposed of by Landlord in the manner provided by law. Tenant expressly releases Landlord of and from any and all claims and liability for damage to or destruction or loss of property left by Tenant upon the Demised Premises at the expiration or other termination of this Lease and Tenant hereby indemnifies landlord from and against any and all claims and liability with respect thereto. If Tenant holds over after the Term with the consent of Landlord, express or implied, such tenancy shall be from month to month only and shall not be a renewal hereof, and Tenant shall pay the rent and all the other charges at the same rate as herein provided and also comply with all of the terms, covenants, conditions, provisions and agreements of this Lease for the time during which Tenants holds over. If Tenant holds over after the Term without the consent of Landlord and shall fail to vacate the Demised Premises after the expiration or sooner termination of this Lease for any cause or after Tenant's right to occupy same ceases, thereafter, and notwithstanding anything to the contrary contained elsewhere in this Lease, Tenant shall be liable to Landlord for the use and occupancy of the Demised Premises in an amount agreed to be two times the monthly installment of Base Annual Rent, and all the other charges as provided in this Lease for the last month of the Term. If the Demised Premises are not surrendered at the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease be additionally responsible to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal of such propertydamage (including, including but not limited to, the loss of rent) which Landlord shall suffer by reason thereof, and Tenant hereby indemnifies Landlord from and against all claims made by any succeeding tenant against Landlord, resulting from delay by Landlord in delivering possession of the Demised Premises to the cost of repairing any damage to the Building or Premises caused by the removal of such propertysucceeding tenant. Tenant's obligation to observe or perform all of the terms, covenants, conditions, provisions and perform agreements of this covenant Article shall survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Office Lease (PDF Solutions Inc)

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall tenant will promptly quit and surrender the Premises premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant tenant is not then in default, Tenant shall have the right to tenant may remove from the Premises premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises premises by Tenanttenant, whether or not such trade fixtures or equipment are fastened to the building: tenant will not remove any trade fixtures or equipment without landlord's prior written consent if such fixtures or equipment are used in the operation of the building, or if the removal of such fixtures or equipment will result in impairing the structural strength of the building. Whether or not Tenant tenant is in default, Tenant shall . tenant will remove such Alterationsalterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord landlord has required under requested in accordance with Article 14. Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises premises after the end of the Term shall term will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, or destroyed, or otherwise disposed of by Landlord landlord without written notice to Tenant tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord landlord for all expenses incurred in connection with the removal of such property, including but not limited to the cost of repairing any damage to the Building building or Premises premises caused by the removal of such property. Tenant's obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Pc Tel Inc)

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall will promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, equipment and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building; Tenant will not remove any trade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation of the Building, or if the removal of such fixture or equipment will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant shall will remove such Alterationsalterations, equipmentadditions, improvements, trade fixtures, equipment and furniture as Landlord has required under requested in accordance with Article 1415. above. Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions and Alterationsimprovements. All trade fixtures, equipment, furniture, furniture inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises after the end of the Term shall will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, destroyed or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed ; and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord for all expenses incurred in connection with the removal of such property, including including, but not limited to to, the cost of repairing any damage to the Building or Premises caused by the removal of such property. Tenant's obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Ryland Group Inc)

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall will promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, equipment and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building; Tenant will not remove any trade fixtures or equipment without Landlord’s prior written consent if such fixtures or equipment are used in the operation of the Building, or if the removal of such fixture or equipment will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant shall will remove such Alterationsalterations, equipmentadditions, improvements, trade fixtures, equipment and furniture as Landlord has required under requested in accordance with Article 1415. above. Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions and Alterationsimprovements. All trade fixtures, equipment, furniture, furniture inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises after the end of the Term shall will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, destroyed or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed ; and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord for all expenses incurred in connection with the removal of such property, including including, but not limited to to, the cost of repairing any damage to the Building or Premises caused by the removal of such property. Tenant's ’s obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Go Daddy Group, Inc.)

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall promptly quit and surrender the Premises broom-clean and clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b))trade fixtures, unattached equipment, and movable furniture placed in the Premises owned by Tenant. Tenant will not remove any trade fixtures or equipment without Landlord’s prior written consent if such fixtures or equipment are used in the operation of the Building, or if the removal of such fixtures or equipment will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant shall remove such Alterationsalterations, additions, and improvements, trade fixtures, equipment, and furniture as Landlord has required under Article 14to be removed pursuant to Section 10.3 above. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture, alterations, additions, and Alterationsimprovements. All non-fixed assets in the Premises, including trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises after the end of the Term shall will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's ’s obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (ACV Auctions Inc.)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive 22.1 Upon the expiration or other termination of this Lease, Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and any damage from casualty or condemnation which Tenant shall not have been obligated to restore hereunder excepted, and Tenant shall remove those of Tenant’s Alterations to the extent required pursuant to Article 6 or any other provision of this Lease. Tenant shall also remove all of Tenant’s Property and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant’s Property or other personal property that remains in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof is sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property or Alterations required to be removed as provided in Article 6, as well as the cost of repairing all damage to the Building or the Premises caused by such removal, shall be reimbursed to Landlord by Tenant, as Additional Rent, on demand.

Appears in 1 contract

Samples: Agreement of Lease (Forrester Research, Inc.)

End of Term. 16.1 At On the end Expiration Date, or upon any earlier ----------- termination of the Termthis Sublease, Tenant Sublessee shall promptly quit and surrender the Subleased Premises to Sublessor broom-clean and in as good order order, condition and repair, repair as the Subleased Premises existed upon the Commencement Date except for ordinary wear and tear tear, any restoration of the Subleased Premises not required pursuant hereto, damage or destruction by fire and other casualty and such other damage from casualty the repair of which Tenant is not required by other Sublessee's obligation hereunder (provided no such damage shall be due to Sublessee's negligence or misconduct), and otherwise in accordance with the applicable provisions of the Lease. Sublessee recognizes that Sublessor may suffer substantial damage if Sublessee fails to surrender and vacate the Subleased Premises on the Expiration Date. Sublessee, therefore, agrees that if Sublessee shall hold-over or remain in possession beyond the Expiration Date of this Lease Sublease, Sublessee shall in addition to repair excepted. If Tenant is not then in defaultthe provisions of Xxxxxxxxx 00 xxxxx, Tenant shall have the right to remove from the Premises xx liable for all compensatory damages directly related thereto and arising therefrom, including any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal damages arising out of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11lost opportunities ( and/or new leases) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal such holding over. All damages to Sublessor by reason of such propertyholding-over by Sublessee may be the subject of a separate action and need not be asserted by Sublessor in any summary proceeding against Sublessee. Sublessee further agrees to indemnify Sublessor against and from any and all losses, liabilities, damages, costs and expenses (including but not limited reasonable attorneys' fees) Sublessor incurs to dispossess Sublessee, or otherwise, resulting from Sublessee's failure to vacate the cost of repairing any damage to Subleased Premises on the Building or Premises caused by the removal of such propertyExpiration Date. TenantSublessee's obligation to observe and perform obligations under this covenant Paragraph 17 shall survive the expiration or other termination of this LeaseSublease.

Appears in 1 contract

Samples: Agreement of Sublease (Xoom Inc)

End of Term. 16.1 At ABANDONED PROPERTY Upon the end expiration or other termination of the Termterm of this Lease, Tenant shall promptly peaceably quit and surrender to Landlord the Premises broom-clean and all alterations and additions thereto, broom clean, in good order, repair and condition (except as provided herein and in good order Articles 8.7, 18 and repair20), excepting only ordinary wear and tear use and damage from by fire or other casualty which Tenant is not required by for which, under other provisions of this Lease to repair excepted. If Tenant is not then in defaultLease, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in the Premises by Tenanthas no responsibility of repair or restoration. Whether or not Tenant is in default, Tenant shall remove such Alterationsall of its property to the extent specified by Landlord, equipmentall alterations and additions made by Tenant and all partitions wholly within the Premises, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on damages to the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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 their installation or by such propertyremoval. Tenant's obligation to observe and or perform this covenant shall survive the expiration or other termination of the term of this Lease. Tenant will remove any personal property from the Building and the Premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the Premises thereafter shall be conclusively deemed to have been abandoned, and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may see fit. If any part thereof shall be sold, then Landlord may receive and retain the proceeds of such sale and apply the same at its option against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages to which Landlord may be entitled under Article 21 hereof or pursuant to law. If Tenant or anyone claiming under Tenant shall remain in possession of the Premises or any part thereof after the expiration or prior termination of the term of this Lease then, at Landlord's option, the person remaining in possession shall be deemed a tenant-at-sufferance. In the event that Tenant holds over with Landlord's consent, such occupancy shall be deemed a tenancy from month to month. Whereas the parties hereby acknowledge that Landlord may need the Premises after the expiration or prior termination of the term of the Lease for other tenants and that the damages which Landlord may suffer as the result of Tenant's holding-over cannot be determined as of the Execution Date hereof. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from any cost, loss, claim or liability (including attorneys' fees) Landlord may incur as a result of Tenant's failure to surrender possession of the Premises to Landlord. In the event that Tenant holds over with or without Landlord's consent, such occupancy shall be upon all the terms and conditions of this Lease pertaining to the obligations of Tenant, including that Tenant shall pay to Landlord, for each month or portion thereof that Tenant shall retain possession of the Premises after the expiration of termination of the Lease, whether by lapse of time or otherwise, in addition to all rental and other charges due and accrued under the Lease prior to the date of termination, use and occupancy charges equal to two hundred percent (200%) of the greater of (a) the then fair market rent for the Premises as conclusively determined by Landlord or (b) the sum of the Yearly Rent and additional rent at the rate payable monthly during the twelve (12) months immediately preceding the expiration or termination of the Lease and all Extension Options, if any, shall be deemed terminated and of no further effect. In addition, Tenant shall hold Landlord harmless from all damages which Landlord may suffer as the result of Tenant's holdover after the termination of the term of the Lease.

Appears in 1 contract

Samples: Brooks Automation Inc

End of Term. 16.1 At 16. (A) Upon the expiration or other termination of the Term of this lease, Tenant shall, at its own expense, quit and surrender to Landlord the Demised Premises, broom clean, in good order and condition, ordinary wear, tear and damage by fire or other insured casualty excepted, and Tenant shall remove all of its property and shall pay the cost to repair all damage to the Demised premises or the Building occasioned by such removal. Other than initial Tenant installations, all fixtures, and all panelling, permanent partitions, railings, staircases and like installations, installed in the Premises at any time, either by Tenant or by Landlord on Tenant's behalf, shall become the property of Landlord and shall remain upon and be surrendered with the premises unless Landlord, by notice to Tenant no later than twenty (20) days prior to the date fixed as the Expiration Date, elects to have them removed by Tenant, in which event, the same shall be removed from the Premises by Tenant forthwith at Tenant's expense and the Premises shall be returned to its original condition. Any property not removed from the Premises shall be deemed abandoned by Tenant and may be retained by Landlord, as its property, or disposed of in any manner deemed appropriate by the Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant's property shall be reimbursed to Landlord by Tenant on demand. If the last day of the term of this lease or any renewal hereof falls on Sunday or a legal holiday, this lease shall expire on the business day immediately preceding. Tenant's obligations under this Article 16 shall survive the Expiration Date or sooner termination of this lease. (B) If Tenant shall hold over after the end of the Term, Tenant such holding over shall promptly quit and surrender the Premises broom-clean be unlawful and in good order no manner constitute a renewal or an extension of the lease and repairno notice of any kind shall be required prior to any commencement of summary proceeding and Tenant hereby waives any such right. However, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, during such hold over time Tenant shall have all of the right obligations of this lease, including payment of rent at a monthly rate equal to remove from double the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and movable furniture placed in amount due during the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by first month of the removal last year of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after occupancy before the end of the Term shall be deemed conclusively to have been abandoned and may be appropriatedexpired term, sold, stored, destroyed, plus any escalations or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account additional rent provided for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this Leaselease.

Appears in 1 contract

Samples: Agreement of Lease (Arbor National Holdings Inc)

End of Term. 16.1 At the end of the Termthis Lease, Tenant shall will promptly quit and surrender the Premises broom-clean and broom clean, in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to repair excepted. If Tenant is not then in default, Tenant shall have the right to may remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached trade fixtures. equipment, and movable furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are fastened to the Building; Tenant not remove any trade fixtures or equipment without Landlord's prior written consent if such fixtures or equipment are used in the operation the Building, or if the removal of such fixtures or equipment will result in impairing the structural strength of the Building. Whether or not Tenant is in default, Tenant shall will remove such Alterationsalterations, additions, improvements, trade fixtures, equipment, and furniture as Landlord has required under have requested in accordance with Article 14. Tenant shall will fully and properly repair any damage occasioned by the removal of any Removable Trade Fixturestrade fixtures, equipment, furniture furniture. alterations, additions, and Alterationsimprovements. All trade fixtures, equipment, furniture, inventory, effects effects, alterations, additions, and Alterations left improvements on the Premises after the end of the Term shall term will be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall will pay Landlord for all expenses incurred in connection with the removal of such property, including but not limited to the cost of repairing any damage to the Building or Premises premises caused by the removal of such property. Tenant's obligation to observe and perform this covenant shall will survive the expiration or other termination of this Lease.,

Appears in 1 contract

Samples: Office Lease (Virage Logic Corp)

End of Term. 16.1 At the end of the Term, Tenant shall promptly quit and surrender the Premises broom-clean and to Landlord at the expiration or sooner termination of this Lease in good order and repaircondition, ordinary broom clean, except for reasonable wear and tear tear. Tenant shall be liable to Landlord for all damages, including any consequential damages, that Landlord may suffer by reason of any holding over by Tenant, and Tenant shall indemnify, defend, and save Landlord harmless against all costs, claims, losses, or liabilities resulting from delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant founded on any delay. All Alterations, including HVAC equipment, wall coverings, carpeting and other floor coverings, ceiling tiles, blinds and other window treatments, lighting fixtures and bulbs, built in or attached shelving, built in furniture, millwork, counter tops, cabinetry, all doors (both exterior and interior), bathroom fixtures, sinks, kitchen area improvements, and wall mirrors, made by Landlord or Tenant to the Premises shall become Landlord’s property on the expiration or sooner termination of the Lease Term. On the expiration or sooner termination of the Lease Term, Tenant, at its expense, shall remove from the Premises all moveable furniture, furnishings, equipment, and other articles of moveable personal property owned by Tenant and located in the Premises that can be removed without damage from casualty which to the Premises. Tenant, at its expense, shall also remove all computer and telecommunications wiring and all non-standard Alterations to the Premises, including any vault, stairway, or computer room Alterations or any Alterations involving roof, ceiling, or floor penetrations. Tenant is not required shall repair any damage caused by the removal. Any items of Tenant’s property that shall remain in the Premises after the expiration or sooner termination of the Lease Term, may, at the option of Landlord, be deemed to have been abandoned, and in that case, those items may be retained by Landlord as its property to be disposed of by Landlord, without accountability to Tenant or any other provisions of this Lease to repair exceptedparty, in the manner Landlord shall determine, at Tenant’s expense. If Tenant is not then in defaultNotwithstanding the foregoing, Tenant shall have the right to remove from hold over for a period of up to four months after the Premises any Removable Trade Fixtures (as defined expiration date of the Lease, provided Tenant notifies Landlord in Section 14.1 (b)), unattached equipmentwriting of its intent to hold over at lease nine months before the last day of the Term, and movable furniture placed in the Premises by Tenant. Whether or not Tenant is in defaultshall, Tenant shall remove throughout such Alterationsfour month maximum holdover period, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair pay rent (on a per month basis without reduction for any damage occasioned by the removal of partial months during any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end such holdover) equal to 103% of the Term sum of the Base Rent and all additional rent due for the period immediately preceding such holding over, provided further that in no event shall Base Rent and additional rent during the holdover period be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account less than the fair market rental for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all such property is removed and the Premises surrendered to Landlord in the condition required by this Lease, and Monthly Rent (at the rate specified in Section 27.11) and Additional Rent shall continue to accrue and shall be payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with 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. Tenant's obligation to observe and perform this covenant shall survive the expiration or other termination of this LeasePremises.

Appears in 1 contract

Samples: Lease (Health Benefits Direct Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.