Common use of Surrender of Possession Clause in Contracts

Surrender of Possession. Tenant shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancy.

Appears in 3 contracts

Samples: Commercial Lease Agreement (CURO Group Holdings Corp.), Commercial Lease Agreement (CURO Group Holdings Corp.), Commercial Lease Agreement (CURO Group Holdings Corp.)

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Surrender of Possession. Tenant shall on At the last day termination of the Term or upon any sooner termination thereofthis Lease, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove (a) all of its furniture, office equipment, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furnitureequipment, trade fixtures and other unattached and moveable personal property belonging property, if any, (b) any items or improvements which Landlord indicated in its written approval of Tenant's Plans that Tenant would be required to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury remove on or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after before the expiration or earlier termination of this Lease, and (c) all telephone and computer/data equipment and wiring installed by Tenant, and shall surrender the Leased Premises to Landlord may exercise together with all improvements made to the Leased Premises, whether made by Tenant or Landlord, other than the improvements to be removed by Tenant as provided in the preceding clauses (b) and (c), all in as good a condition as delivered on the Possession Date, excepting ordinary wear and tear, damage by the elements, fire or other casualty which Landlord is obligated to repair and condemnation. Tenant, at its expense, promptly shall repair any damage to the Leased Premises caused by removal of its property as provided in clauses (a), (b) and all remedies (c) above. Any property of Tenant not removed within ten (10) business days after the expiration or earlier termination of this Lease shall be deemed, at law Landlord's option, to be the property of Landlord, and Landlord shall have the right, at Tenant's expense, to remove, store, or dispose of such property in equity such manner as Landlord deems appropriate in its sole discretion and without liability to recover Tenant. Upon such termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises and may seek damages in the event of such a hold over tenancywithout notice.

Appears in 3 contracts

Samples: Letter Agreement, Letter Agreement, Letter Agreement

Surrender of Possession. Tenant Lessee shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender yield and deliver to Landlord Lessor possession of the Premises leased herein at the expiration of this Agreement in good condition in accordance with its express obligations hereunder, except for reasonable wear and tear, fire and other casualty. Lessee shall deliver the Premises in broom clean, good order and condition, ordinary wear including: (1) cleaning and tear exceptedhauling away all supplies and trash; (2) leaving in operating condition all bulbs and ballasts; (3) replacing all broken glass; and (4) turning in keys to all door locks. Lessee, at Lessee’s expense, shall remove during the term hereof or at the expiration of such term all trade fixtures, equipment and if Tenant shall thereafter remain in personal property placed by Lessee on or about the Premises herein leased, subject to Lessee's repairing any damage thereto caused by such removal and subject to any valid lien which Lessor may have thereon for unpaid rents or fees. Lessor may direct Lessee to remove, at Lessee’s sole expense, any cabling installed within the Premises upon surrender of possession thereof, it shall be deemed guilty of forcible detainer of the Premises and Premises. Lessee shall be subject have no obligation to remove such cabling unless Lessor shall notify Lessee of its required removal. In the event Lessee does not remove all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon said property within ten (10) days after the termination of this Lease by lapse Agreement, the same shall be considered abandoned and Lessor may dispose of time, Tenant shall remove furniture, trade fixtures and other personal said property belonging without any further responsibility or liability to Tenant that are incident to the business of Tenant Lessee. At any time within ninety (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises 90) days prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this LeaseAgreement, Lessor and Lessor's agents, invitees, and Landlord licensees may exercise any enter and all remedies at law or in equity show the Premises to recover possession of persons wishing to rent the Premises and may seek damages in post upon the event Premises the usual notices "For Rent" or "For Lease", said notices to remain thereon without hindrance or molestation, provided Lessee has not exercised any renewal options provided herein, or has not signed a new lease. Lessor and its agents, invitees, and licensees will use their best efforts not to unreasonably interfere with Lessee’s use of such a hold over tenancythe Premises during said visits.

Appears in 3 contracts

Samples: wichitaks.granicus.com, wichitaks.granicus.com, wichitaks.granicus.com

Surrender of Possession. Upon the expiration or upon the sooner termination of this Lease, Tenant shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason remove all of Tenant’s Default or otherwisesigns from the exterior of the Building and shall remove all of Tenant’s inventory, equipment, trade fixtures, furniture, supplies, wall decorations and other personal property (collectively, “Tenant’s FF&E”) from within the Leased Premises, including the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, and deliver all portions thereof, to Landlord the Premises broom clean and in broom clean, good condition, ordinary reasonable wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or all damage to the Premises from Leased Premises, and all portions thereof, caused by Tenant’s removal of Tenant’s property. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time Landlord approved any improvements requiring Landlord approval that it desired to have such improvements removed at the expiration or sooner termination of the Lease (“Required Removables”), Tenant shall, upon the expiration or sooner termination of the Lease, remove the Required Removables and repair all damage caused by such removal. If Tenant does not remove such Trade Fixtures from fails to comply with the Premises prior to the end terms of the Termthis Pxxxxxxxx 0.0, however ended, Landlord may, Xxxxxxxx may perform Tenant’s obligations at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the sameTenant’s expense, and Tenant shall be liable to Landlord for all reasonable costs incurred by Landlord in performing such obligations for Tenant (including, without limitation, reasonable costs of Landlord’s oversight of removal, repair and replacement work). Tenant shall pay to Landlord the cost amount of such removal all costs so incurred within fifteen (including the repair 15) days of any injury Landlord’s delivery to Tenant of an invoice together with reasonable supporting information. Tenant shall indemnify Landlord against loss or damage to the Premises or the Improvements liability resulting from such removal)delay by Tenant in surrendering the Leased Premises, delivery and warehousing to Landlord on demandincluding, without limitation, any claims made by any succeeding tenant or Landlord may treat such Trade Fixtures as having been conveyed any losses to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed respect to be a tenancy from month lost opportunities to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed lease to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancysucceeding tenants.

Appears in 3 contracts

Samples: Lsi Logic Corp, Lsi Logic Corp, Lsi Logic Corp

Surrender of Possession. Tenant shall on On the last day of the Term term of this Lease, or upon any on the sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, Lessee shall peaceably surrender and deliver to Landlord the Premises in broom cleangood condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of the term of this Lease, good conditionor the date of sooner termination thereof, ordinary wear Lessee shall, at its sole cost and tear exceptedexpense, remove all of its property and trade fixtures and equipment from the Premises, and if Tenant shall thereafter remain in possession thereof, it all property not removed shall be deemed guilty abandoned. Lessee hereby appoints Lessor its agent to remove all abandoned property of forcible detainer of Lessee from the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the upon termination of this Lease and to cause its transportation and storage for Lessee's benefit, all at the sole cost and risk of Lessee and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all reasonable costs and expenses of such removal, transportation and storage. Lessee shall leave the Premises in good order, condition and repair, reasonable wear and tear and damage from fire and other casualty or which is the responsibility of Lessor excepted. Lessee shall reimburse Lessor within thirty (30) days following its receipt of written demand for any expenses incurred by lapse Lessor with respect to removal, transportation, or storage of timeabandoned property and with respect to restoring said Premises to the condition required by this Lease. All alterations, Tenant shall remove additions and fixtures, other than Lessee's furniture, personal property, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of equipment which have been made or installed by either Lessor or Lessee upon the Premises); such furniture, trade fixtures shall remain the property of Lessor and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to be surrendered with the Premises from such removalas a part thereof. If Tenant does not remove such Trade Fixtures from the Premises prior to are not surrendered at the end of the Termterm or sooner termination thereof, however endedLessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, Landlord mayincluding, at its optionwithout limitation, remove the same claims made by any succeeding tenants founded on such delay and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant attorneys' fees resulting therefrom. Lessee shall pay the cost of such removal (including the repair of any injury or damage to promptly surrender all keys for the Premises or to Lessor at the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx place then fixed for the payment of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for shall inform Lessor of combinations on any vaults, locks and safes left on the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancyPremises.

Appears in 2 contracts

Samples: Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc)

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason remove all of Tenant’s Default signs from the exterior of the Building and shall remove all of Tenant’s equipment (excluding telecommunications wiring and cabling), trade fixtures (including, without limitation, all laboratory cabinetry and casework not in the Leased Premises as of the Effective Date and not paid for in whole or otherwisein part from the Tenant Improvement Allowance as defined in the Work Letter (“Tenant’s Casework”)), furniture, supplies, wall decorations and other personal property from within the Leased Premises, the Building and the Outside Areas, and shall vacate and surrender the Leased Premises, the Building, the Outside Areas and deliver the Property to Landlord in the Premises in same condition, broom clean, good conditionas existed at the Lease Commencement Date, ordinary reasonable wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of . Notwithstanding the Premises and shall be subject to all foregoing or the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination balance of this Lease by lapse of timeParagraph 2.6 to the contrary, Tenant shall not be required to remove furniture, trade fixtures and other personal property belonging to the Tenant that are incident to the business of Tenant Improvements (as distinguished from personal property used defined in the operation of the PremisesWork Letter); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or all damage to the Premises from Leased Premises, the exterior of the Building and the Outside Areas caused by Tenant’s removal of Tenant’s property. Tenant shall, with respect to telecommunications wiring and cabling, leave the same in good condition and repair and labeled and/or coded sufficiently so that Landlord can readily determine the origin, destination and function of the wires and cables. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. To the extent necessary as a result of damage due to Tenant’s use of or failure to properly maintain the Leased Premises, the Building, or the Property, Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the Outside Areas and, where necessary, replace or resurface same. Additionally, to the extent that Landlord shall have notified or is deemed to have notified Tenant in writing at the time the improvements were approved that it desired to have certain improvements made by Tenant or at the request of Tenant removed at the expiration or sooner termination of the Lease, Tenant shall, upon the expiration or sooner termination of the Lease, remove any such improvements constructed or installed by Landlord or Tenant and repair all damage caused by such removal. If Tenant does the Leased Premises, the Building, the Outside Areas and the Property are not remove such Trade Fixtures from surrendered to Landlord in the Premises prior to condition required by this paragraph at the end expiration or sooner termination of the Term, however endedthis Lease, Landlord may, at its optionTenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs reasonably and actually incurred by Landlord in returning the same Leased Premises, the Building and deliver the same Outside Areas to any other place the required condition, together with interest on all costs so incurred from the date paid by Landlord at the then maximum rate of business of Tenant interest not prohibited or warehouse the same, and made usurious by law until paid. Tenant shall pay to Landlord the cost amount of all costs so reasonably and actually incurred plus such removal interest thereon, within ten (including 10) business days of Landlord’s billing Tenant for same. Notwithstanding the repair foregoing, Landlord may consent (in its sole and absolute discretion, which consent may be withheld for any reason or no reason) to accept a cash payment from Tenant in lieu of Tenant completing all or any injury portion of the work required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall be excused. Tenant shall indemnify Landlord against loss or damage to the Premises or the Improvements liability resulting from such removal)delay by Tenant in surrendering the Leased Premises, delivery and warehousing to Landlord on demandincluding, without limitation, any claims made by any succeeding Tenant or Landlord may treat such Trade Fixtures as having been conveyed any losses to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed respect to be a tenancy from month lost opportunities to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed lease to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancysucceeding tenants.

Appears in 2 contracts

Samples: Lease (Cardiodx Inc), Lease (Cardiodx Inc)

Surrender of Possession. Tenant shall on Immediately prior to the last day of the Term expiration or upon any the sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of timeLease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, trade fixtures supplies, wall decorations and other personal property belonging from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date. (1) Tenant that are incident shall repair all damage to the business Leased Premises caused by Tenant's removal of Tenant (as distinguished from personal Tenant's property used in and all damage to the operation exterior of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business Building caused by Tenant's removal of Tenant are hereinafter referred to as “Trade Fixtures”Tenant's signs. Tenant shall repair any injury patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or damage its employees to the Premises from floor, walls or ceiling of the Leased Premises, whether such removalpenetrations were made with Landlord's approval or not. If Tenant does not remove such Trade Fixtures from the Premises prior shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the end reasonable satisfaction of the TermLandlord, however endedreasonable wear and tear excepted and except for those improvements or alterations installed by Tenant which Tenant has a right to remove and those improvements which Landlord has notified Tenant that it shall not be required to remove. Tenant shall replace all burned out light bulbs and damaged light lenses, and repair and repaint all damaged walls, reasonable wear and tear excepted and except for those improvements or alterations installed by Tenant which Tenant has a right to remove and those improvements which Landlord mayhas notified Tenant that it shall not be required to remove. Landlord shall retain a mechanical contractor at Tenant's expense to service all heating, at its optionventilating, remove the same and deliver the same to any other place of business of Tenant or warehouse the sameair-conditioning equipment, and Tenant shall pay the reasonable cost for the service and the cost to restore (or replace as required) said equipment to good working order, reasonable wear and tear excepted and except for those improvements or alterations installed by Tenant which Tenant has a right to remove and those improvements which Landlord has notified Tenant that it shall not be required to remove. Tenant shall pay the cost of such removal restoring or replacing all trees, shrubs, plants, lawn and ground cover, and repair (including or replace as required) all paved surfaces of the Property, and otherwise satisfy all requirements to repair of any injury damage or damage excessive wear to the Premises Leased Premises, Building, Outside Areas, and/or Property, reasonable wear and tear excepted and except for those improvements or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over alterations installed by Tenant which Tenant has a right to remove and those improvements which Landlord has notified Tenant that it shall not be required to remove. Tenant shall repair all damage caused by Tenant to the exterior surface of the Premises after Building and the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) paved surfaces of the monthly installments of fixed rentoutside areas adjoining the Leased Premises and, plus additional rent where necessary, replace ore resurface same, reasonable wear and other sums otherwise payable hereunder tear excepted and except for the Term. Nothing contained in this Section shall be construed to give those improvements or alterations installed by Tenant the which Tenant has a right to hold over after remove and those improvements which Landlord has notified Tenant that it shall not be required to remove. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If the Leased Premises are not surrendered to Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant's expense, after giving notice and time to perXXX, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all regular costs incurred by Landlord in returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to Landlord within ten days after receipt of a hold statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over tenancyuntil such time as such required and material work is completed, and Tenant shall pay Base Monthly Rent and Additional Rent in accordance with the terms of Section 13.2 (Holding Over) until such work is completed. Tenant shall indemnify Landlord against loss or liability to the extent such liability or loss results from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord due to lost opportunities to lease to succeeding tenants.

Appears in 2 contracts

Samples: Acceptance Agreement (Atroad Inc), Acceptance Agreement (Atroad Inc)

Surrender of Possession. Notwithstanding anything to the contrary in the Lease, effective as of the Effective Date, Tenant shall on surrender the last day of Premises to Landlord by disabling all security systems within the Term or upon any sooner termination thereofPremises, whether by lapse of time or by reason terminating all service contracts relating to the Premises and otherwise surrendering the Premises in its then “as-is” condition and Landlord hereby agrees to accept the Premises its then “as-is” condition as full satisfaction of Tenant’s Default or otherwisesurrender obligations under the Lease. Without limiting the foregoing, surrender Landlord expressly waives the provisions of Section 7.C of the Lease and deliver Tenant shall not be required to Landlord the Premises in broom clean, good conditionrepair or restore the Premises, ordinary wear and tear exceptednor shall Tenant be required to remove any Alterations, and if Tenant shall thereafter remain in possession thereofcabling, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with furniture fixtures or without process of law. Upon the termination of this Lease by lapse of timeequipment; provided that, Tenant shall remove pay Landlord within five (5) business days of the Effective Date the sum of One Hundred Fifty Thousand Dollars ($150,000.00) (the “Restoration Payment”) in consideration for Landlord performing the removal and restoration obligations that Tenant would otherwise be required to perform under Section 7.C of the Lease. In furtherance of the foregoing, effective as of the Effective Date and in consideration of the terms and conditions of this Agreement and the payment of Ten Dollars ($10.00), the receipt and sufficiency of which are hereby acknowledged, Tenant does hereby transfer, assign, sell and convey to Landlord, all of Tenant’s furniture, trade fixtures equipment and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used located in the operation Premises as of the PremisesEffective Date (the “FF&E”); such furniture. TENANT MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE FF&E AND EXPRESSLY EXCLUDES ANY SUCH WARRANTY OR REPRESENTATION, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the TermEITHER EXPRESS OR IMPLIED, however endedAS TO THE MANUFACTURE, Landlord mayFITNESS, at its optionMERCHANTABILITY, remove the same and deliver the same to any other place of business of Tenant or warehouse the sameQUALITY, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal)CONDITION, delivery and warehousing to Landlord on demandCAPACITY, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of saleSUITABILITY, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month onlyOR FITNESS FOR A PARTICULAR PURPOSE OF THE FF&E, at one hundred thirty percent (130%) of the monthly installments of fixed rentEXCEPT TENANT REPRESENTS AND WARRANTS TO LANDLORD THAT EITHER TENANT OR LANDLORD CURRENTLY OWNS SUCH FF&E AND TENANT HAS NOT GRANTED OR ALLOWED ANY LIEN TO BE PLACED UPON THE FF&E. THE FF&E IS SOLD TO SUBLESSEE AS IS, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this LeaseWHERE IS, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancyAND WITH ALL FAULTS AND DEFECTS.

Appears in 2 contracts

Samples: Lease Termination Agreement (Palo Alto Networks Inc), Lease Termination Agreement (Palo Alto Networks Inc)

Surrender of Possession. Tenant shall on the last day Lessee agrees to deliver up and surrender to Lessor possession of the Term Premises, including all plumbing, wiring, sewer connections, lighting fixtures, glass fixtures, walls, ceilings, floors, and appurtenances at the expiration or upon termination of this lease or any sooner termination thereofextension hereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender in as good order and deliver to Landlord condition as when possession was taken by the Premises in broom cleanLessee, good condition, excepting only ordinary wear and tear excepted, and if Tenant tear. If the Lessee shall thereafter remain in possession thereof, fail to remove any effects which it shall be deemed guilty of forcible detainer of is entitled to remove from the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon upon the termination of this Lease by lapse of timelease, Tenant shall remove furnitureor any extension hereof, trade fixtures and other personal property belonging to Tenant that are incident to for any cause whatsoever, the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord mayLessor, at its option, may remove the same and deliver store or dispose of the same to any other place of business of Tenant said effects, without liability for loss or warehouse the samedamage thereto, and Tenant shall Lessee agrees to pay to Lessor on demand any and all expenses incurred in such removal, including the cost of removal of signs from the windows, making the Premises including sidewalks, courts or alleyways adjacent thereto, if any, free from all dirt, litter, debris and obstruction, including court costs, attorney's fees, storage and insurance charges on such removal (including effects for any length of time the repair same shall be in the Lessor's possession; or the Lessor at its option, without notice, may sell such effects, or any of them, at private or public sale and without legal process, for such price or consideration as the Lessor may obtain, and apply the proceeds of such sale upon any injury or damage amounts due under this lease from the Lessee to the Premises or Lessor, and upon the Improvements resulting from such removal)expense incidental to the removing, delivery and warehousing to Landlord on demandcleaning the Premises, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of saleselling said effects, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for expense, rendering the Term. Nothing contained in this Section shall be construed surplus, if any, to give Tenant the right to hold over after the expiration of this LeaseLessee, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages provided, however, in the event the proceeds of such a hold over tenancysale or sales are insufficient to reimburse the Lessor, Lessee shall pay such deficiency upon demand.

Appears in 2 contracts

Samples: HTM Lease Agreement, Business Lease (Urban-Gro, Inc.)

Surrender of Possession. Tenant shall on surrender possession of the last day Premises immediately upon the expiration of the Term or upon any sooner termination thereofof this Lease. If Tenant surrenders possession of the Premises to Landlord in a condition other than that required under this Lease, whether Tenant shall be responsible for all costs incurred by lapse Landlord arising from such failure. If Tenant retains possession of time all or by reason a portion of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it occupancy shall be deemed guilty to be that of forcible detainer a month-to-month tenancy, terminable upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident pertaining to the business obligations of Tenant (and the rights of Landlord during the Term shall apply, except as distinguished from personal property used expressly modified by this Section 20. In the event that Tenant commits an Event of Default or remains in the operation possession of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over any part thereof after the expiration of this Leaseany month-to-month tenancy or tenancy-at-will created hereby, then Tenant’s occupancy shall be deemed to a tenancy-at-sufferance and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such not a hold over tenancy-at-will.

Appears in 2 contracts

Samples: Letter (Riverbed Technology, Inc.), Riverbed Technology, Inc.

Surrender of Possession. Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason remove all of Tenant’s Default or otherwisesigns from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender and deliver the Leased Premises to Landlord in the Premises in same condition, broom clean, good conditionas existed at the Lease Commencement Date, ordinary reasonable wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or all damage to the Leased Premises from caused by Tenant’s removal of Tenant’s property and all damage to the exterior of the building caused by Tenant’s removal of Tenant’s signs. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall repair or replace all stained or damaged ceiling tiles, wall coverings and floor coverings to the reasonable satisfaction of Landlord. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Leased Premises and, where necessary, replace or resurface the same. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant and repair all damage caused by such removal. If Tenant does the Leased Premises are not remove such Trade Fixtures from surrendered to Landlord in the Premises prior to condition required by this Paragraph at the end expiration or sooner termination of the Term, however endedthis Lease, Landlord may, at its optionTenant’s expense, so remove the same Tenant’s signs, property and/or improvements not so removed and deliver the same make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to any other place of business of Tenant or warehouse the same, and perform such work. Tenant shall pay be liable to Landlord all costs incurred by Landlord in returning the cost of such removal (including the repair of any injury or damage Leased Premises to the Premises required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord. Tenant shall indemnify Landlord against loss or the Improvements liability resulting from such removal)delay by Tenant in so surrendering the Leased Premises, delivery and warehousing including, without limitation, any claims made by any succeeding tenant or any losses to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed due to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed lost opportunities to be a tenancy from month lease to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancysucceeding tenants.

Appears in 2 contracts

Samples: Lease (Adeza Biomedical Corp), Lease (Adeza Biomedical Corp)

Surrender of Possession. Tenant shall on Immediately prior to the last day of the Term expiration or upon any the sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of timeLease, Tenant shall remove all of Tenant's signs from the exterior of the Building and shall remove all of Tenant's equipment, trade fixtures, furniture, trade fixtures supplies, wall decorations and other personal property belonging from the Premises, and shall vacate and surrender the Premises to Landlord in substantially the same condition, broom clean, as existed at the Commencement Date, subject to ordinary wear and tear, casualty, condemnation, Hazardous Materials (other than those for which Tenant is responsible under this Lease), the Landlord's Work, and alterations that are incident not required to be removed at the business of Tenant (as distinguished from personal property used in the operation expiration or earlier termination of the Premises); such furniture, trade fixtures and other personal property belonging Lease pursuant to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”this Lease. Tenant shall repair any injury or all damage to the Premises, the Building or the Common Areas caused by Tenant or by Tenant's removal of Tenant's property and all damage to the exterior of the Building caused by Tenant's removal of Tenant's signs. Tenant shall patch and refinish, to Landlord's reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Premises, whether such penetrations were made with Landlord's approval or not. Tenant shall replace all stained or damaged ceiling tiles and shall repair or replace, as necessary, all wall coverings and floor coverings that do not meet the surrender condition above to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Premises from and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements constructed or installed by Tenant which Landlord requests be so removed by Tenant at the time it approves such improvements or in response to Tenant's Alteration Notice, as defined below (or, if Landlord's approval of such improvements was not required pursuant to the terms of this Lease and Tenant did not submit an Alteration Notice, then if Landlord has requested such removal at least thirty (30) days prior to the expiration or sooner termination of this Lease) and repair all damage caused by such removal. If Tenant does not remove such Trade Fixtures from the Premises prior are not surrendered to Landlord in the end condition required by this Section 2.6 at the expiration or sooner termination of the Term, however endedthis Lease, Landlord may, at its optionTenant's expense, so remove Tenant's signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant's expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the same and deliver Premises to the same required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to any other place Landlord within ten (10) days after receipt of business of Tenant or warehouse the samea statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed. Tenant shall pay Base Monthly Rent and Additional Rent in accordance with the cost terms of Section 13.2 (Holding Over) until such removal (including the repair of any injury work is completed. Tenant shall indemnify Landlord against loss or damage to the Premises or the Improvements liability resulting from such removal)delay by Tenant in so surrendering the Premises, delivery and warehousing including, without limitation, any claims made by any succeeding tenant or any losses to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed due to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed lost opportunities to be a tenancy from month lease to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancysucceeding tenants.

Appears in 2 contracts

Samples: Lease (Quantenna Communications Inc), Lease (Quantenna Communications Inc)

Surrender of Possession. No act by Landlord shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or termination of this Lease, Tenant shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises with all improvements located therein in broom good repair and condition, broom-clean, good condition, ordinary reasonable wear and tear (and condemnation and casualty damage, as to which Section 14 and Section 11 shall control) excepted, and if shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Buildings by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer (not later than the expiration or earlier termination of the Lease) remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture brought onto or constructed by Tenant at the Premises and shall be subject at any time (whether prior to all or during the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination Term of this Lease Lease) as Landlord may request; provided, however, as to alterations, improvements and additions constructed on the Premises by lapse of timeTenant with Landlord’s consent, Tenant shall remove furniture, trade fixtures and other personal property belonging only be obligated to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior items provided that Landlord conditioned its consent to their construction on Tenant removing them at the end of the Term. If Tenant shall fail to perform any repairs or restoration, however endedor fail to remove any items from the Premises required hereunder, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the samemay do so, and Tenant shall pay Landlord the cost thereof upon demand. All property removed from the Premises by Landlord pursuant to any provisions of such removal (including this Lease or any applicable Laws may be handled or stored by Landlord at Tenant’s expense, and Landlord shall in no event be responsible for the repair of any injury value, preservation or damage to safekeeping thereof. All property not removed from the Premises or the Improvements resulting retaken from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over storage by Tenant of the Premises within thirty (30) days after the expenses expiration or earlier termination of this Lease shall operate and be construed or Tenant’s right to be a tenancy from month to month onlypossession shall, at one hundred thirty percent (130%) Landlord’s option, be conclusively deemed to have been conveyed by Tenant to Landlord as if by xxxx of sale without any payment due by Landlord. The provisions of this Section 15 shall survive the expiration or earlier termination of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancy.

Appears in 2 contracts

Samples: Lease (Schnitzer Steel Industries Inc), Schnitzer Steel Industries Inc

Surrender of Possession. Tenant shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the expiration or promptly after the earlier termination of this Lease by lapse of timeLease, Tenant shall remove furniture(i) Tenant’s Personalty, trade fixtures (ii) all Alterations made during the Term which Landlord is entitled to and other personal property belonging requires Tenant to Tenant that are incident remove, (iii) all ATMs, (iv) all exterior Building signage and (v) all rooftop equipment, and surrender the Premises to Landlord in its condition required to be maintained during the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”Term. Tenant shall have the right, but not the obligation, to remove any improvements existing as of the Commencement Date, any Alterations which Landlord is either not entitled to require, or does not properly notify Tenant, to remove, and any of Tenant’s Property (other than Tenant’s Personalty), provided that Tenant, at Tenant's expense (in the case of either a required or permitted removal), shall repair any injury or damage to the Premises from caused by such removal. If Without limiting the generality of the foregoing, Tenant does shall have the right, but not the obligation, to remove all generators, fan coil units, batteries, fuel tanks, cabling, wiring, monitoring and security equipment, racking and shelving, and all public art installed by or on behalf of Tenant, provided that Tenant, at Tenant's expense shall repair any damage caused by such Trade Fixtures from the Premises removal. Upon Landlord’s request, not more than sixty (60) days prior to the end Expiration Date or earlier termination date, Tenant will provide Landlord a list of items that Tenant will remove from the Premises. If, prior to the expiration or earlier termination of the Term, however endedTenant fails to remove Tenant’s Personalty or any Alterations that Tenant is obligated to remove, then Landlord mayshall have the right (i) subject only to those items designated as Protected Items in Section 19.3, at its optionto treat such items as the property of Landlord and they may be removed, remove the same and deliver the same sold or otherwise disposed of by Landlord without further notice to Tenant, Tenant hereby representing that it shall hold title thereto, free of any other place rights of business of Tenant or warehouse the same, third parties and Tenant shall pay the cost be obligated to reimburse Landlord for all reasonable costs of such removal (including the repair of any injury removal, storage or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demandsale, or Landlord may treat such Trade Fixtures as having been conveyed (ii) to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by notify Tenant that Tenant has failed to remove the required items and if Tenant then fails to remove substantially all of the Premises after required items within thirty (30) days of such notice, Tenant will be deemed to have held over and the expenses provisions of this Lease Section 19.2 below shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) apply until Tenant removes substantially all of the monthly installments of fixed rentrequired items (or Landlord, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed its sole discretion, elects to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancyremove them).

Appears in 2 contracts

Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)

Surrender of Possession. Tenant shall on the last day Lessee agrees to deliver up and surrender to Lessor possession of the Term Leased Premises, including, without limitation, all plumbing, wiring, sewer connections, lighting fixtures, glass, fixtures, walls, ceilings, floors, and appurtenances at the expiration or upon termination of this Lease or any sooner termination thereofextension hereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender in as good order and deliver to Landlord condition as when possession was taken by the Lessee under this Lease, or if the Lessee took possession of the Leased Premises in broom cleanunder any previous Lease(s), good conditionwhen possession was taken by Lessee under said previous Lease(s), excepting only ordinary wear and tear excepted, and if Tenant tear. If the Lessee shall thereafter remain in possession thereof, fail to remove any items or effects which it shall be deemed guilty of forcible detainer of is entitled to remove from the Leased Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon upon the termination of this Lease by lapse of timeLease, Tenant shall remove furnitureor any extension hereof, trade fixtures and other personal property belonging to Tenant that are incident to for any cause whatsoever, the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord mayLessor, at its option, may remove the same and deliver store or dispose of the same to any other place of business of Tenant said effects, without liability for loss or warehouse the samedamage thereto, and Tenant shall Lessee agrees to pay to Lessor on demand any and all expenses incurred in such removal, including the cost of removal of signs from the windows, making the Leased Premises including, without limitation, sidewalks, courts or alleyways adjacent thereto, if any, free from all dirt, litter, debris and obstruction, including court costs, attorneys' fees, storage and insurance charges on such removal (including items or effects for any length of time the repair same shall be in the Lessor's possession; or the Lessor, at its option, without notice, may sell such items or effects, or any of them, at private or public sale and without legal process, for such price or consideration as the Lessor may obtain, and apply the proceeds of such sale upon any injury or damage amounts due under this Lease from the Lessee to the Premises Lessor, and upon the expense incidental to the removing, cleaning the Leased Premises, selling said items or the Improvements resulting from such removal)effects, delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for expense, rendering the Term. Nothing contained in this Section shall be construed surplus, if any, to give Tenant the right to hold over after the expiration of this LeaseLessee; provided, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages however, in the event the proceeds of such a hold over tenancysale or sales are insufficient to reimburse the Lessor, Lessee shall pay such deficiency upon demand.

Appears in 1 contract

Samples: Business Lease (RD&G Holdings Corp)

Surrender of Possession. The New Building shall be the property of Tenant; however, upon the Expiration Date, the New Building shall become the Landlord's property. As of the Expiration Date, Tenant shall on the last day surrender possession of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender Leasehold Premises and deliver the Leasehold Improvements to Landlord the Premises in broom clean, good condition, ordinary reasonable wear and tear excepted. Tenant's equipment shall be removed from the Leasehold Premises on or before the Expiration Date. Any of Tenant's property remaining on the Leasehold Premises or on any other part of Flowerfield 30 days after the Expiration Date, which Landlord does not require Tenant to remove, shall become Landlord's property free from any claim of Tenant or any person claiming right to such property through Tenant. Tenant has caused to be installed or otherwise has the exclusive use of the trade fixtures listed in Exhibit "D" or any equipment substituted therefor during the Lease Term, and if Tenant shall thereafter remain has sole responsibility, at Landlord's option, to remove or leave in possession thereofplace, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all trade fixtures listed in Exhibit "D" or any equipment substituted therefor during the conditions and provisions contained herein and to ejection and removalLease Term upon the expiration, forcibly and otherwise, with termination or without process of law. Upon the termination cancellation of this Lease by lapse unless such trade fixtures and/or any additions thereto become affixed to the Leasehold Premises, the removal of timewhich would cause damage to the Leasehold Premises. Except as otherwise permitted under this Lease, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from or cause to be removed any fixtures or any other installation that was "in place" at the Leasehold Premises prior to on the Commencement Date without the written consent of Landlord. At the end of the Lease Term, however ended, Landlord may, at its option, remove the same Leasehold Premises and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage all improvements comprising a part thereof will be delivered to the Premises or Landlord in vacant broom clean condition together with all keys to the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancyLeasehold Premises.

Appears in 1 contract

Samples: Lease Agreement (Gyrodyne Company of America Inc)

Surrender of Possession. At the expiration or earlier termination of this Lease, Tenant shall on surrender the last day Premises to Landlord in as good a condition as existing as of the Term or upon any sooner termination thereofCommencement Date. Tenant shall leave carpets and floors in a clean condition, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender shall patch holes and deliver to Landlord re-paint as necessary and shall otherwise leave the Premises in broom cleana condition such that the Premises can be immediately re-leased. Tenant shall deliver the Premises free and clear of any liens, good condition, ordinary wear and tear exceptedencumbrances or other claims or charges. All Alterations and/or Improvements in or on the Premises, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, whether made with or without process Landlord’s approval, other than Trade Fixtures installed by Tenant, shall be Landlord’s property and, upon termination or earlier expiration of lawthis Lease, such Alterations and Improvements shall remain on the Premises without compensation to Tenant. Upon If Landlord requests, Tenant shall, at its expense, immediately remove any Alterations or Improvements that have not been approved in writing by Landlord and return the Premises to the condition in which they were prior to such Alteration. Tenant shall immediately and fully repair any damage to the Premises, the Improvements or the Alterations occasioned Initial---Landlord: _____ Tenant: _____ by removal of any property from the Premises. Any Trade Fixtures installed in the Premises by Tenant at its own expense or other Personal Property of Tenant may be removed on the expiration or earlier termination of this Lease by lapse Lease, provided that Tenant is not then in Default, that Tenant bears the cost of timesuch removal, and further that Tenant shall remove furniture, trade fixtures repairs at its own expense any and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or all damage to the Premises resulting from such removal. If Tenant does not fails to remove any such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration or earlier termination of this Lease, all such Trade Fixtures shall become the property of Landlord unless Landlord elects to require their removal, in which case Tenant shall promptly remove the same at its expense and Landlord may exercise any and all remedies at law or in equity to recover possession of restore the Premises and may seek damages to their prior condition. If Tenant does not, upon expiration or termination of this Lease, deliver the Premises to the Landlord in good condition as set forth herein, then the event of such a hold over tenancyLandlord, at Tenant’s expense, will bring the Premises to good condition as is necessary to re-lease the Premises.

Appears in 1 contract

Samples: Lease Agreement (Cardinal Energy Group, Inc.)

Surrender of Possession. Original Tenant shall on the last day vacate and surrender possession of the Term Premises on or upon any sooner termination thereofbefore March 31, whether by lapse 2022 (the “Surrender Date”) in the condition required under the Lease and this Fifth Amendment for surrender of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises at the expiration or earlier termination of the Lease Term, except that Original Tenant shall surrender the Premises to Assignee with the Purchased FF&E (as defined in broom clean, good the Assignment Agreement) and all alterations and other leasehold improvements in the Premises as of the Assignment Effective Date in its current AS IS condition, ordinary subject to normal wear and tear exceptedand to the provisions of Article XIV of the Lease (Fire, Casualty and if Tenant shall thereafter remain Taking) in possession thereofrespect of any fire, it casualty or taking occurring on or prior to the Assignment Effective Date. The Premises shall be deemed guilty delivered on the Surrender Date broom clean and free of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures fixtures, equipment and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in or anyone claiming by, through or under Tenant except for the operation Purchased FF&E. In the event of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury fire or damage casualty to the Premises occurring prior to the Assignment Effective Date, Original Tenant shall be obligated to comply with its obligation, as tenant, under Section 14.1 of the Lease to pay over any insurance proceeds to Landlord with respect to alterations, additions or improvements within the Premises, which obligation shall survive the Assignment Effective Date and any release of Original Tenant under Section 3(e) of this Fifth Amendment. Notwithstanding the foregoing, Landlord agrees that neither Original Tenant nor Assignee shall be required to remove at any time any of the alterations and other leasehold improvements existing in the Premises or the Building (if installed by or on behalf of Original Tenant) as of the Effective Date of this Fifth Amendment, except that (y) Assignee (but not Original Tenant) shall be responsible to remove from such removal. If Tenant does not remove such Trade Fixtures the Premises, at Assignee’s expense, the Tenant’s Property (including the Purchased FF&E) from the Premises prior whether existing as of the Assignment Effective Date or thereafter installed by Tenant at the expiration or earlier termination of the Lease Term, and (z) Landlord reserves the right under Section 9.8(N) to require that Assignee remove the Emergency Generator and Generator Connections at the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same . The condition in which Tenant is obligated to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover surrender possession of the Premises to Assignee under this Section 4 is referred to herein as the “Surrender Condition.” If Original Tenant fails to vacate and may seek damages surrender possession of the Premises in the event condition required under this Fifth Amendment on the Surrender Date (a “Holdover Event”), Original Tenant expressly agrees that such failure shall, because of the Assignment and notwithstanding the ACTIVE/112977395.9 Expiration Date of the Lease, constitute a holding over in the Premises and an immediate Event of Default under the Lease (without any notice or cure period applicable thereto) and, notwithstanding the provisions of Section 16.18 of the Lease to the contrary, the holdover amounts payable under Section 16.18 shall become payable by Original Tenant on a monthly basis (and not on a daily basis) for each month or part thereof that Original Tenant remains in possession of the Premises beyond the Surrender Date. If there is a Holdover Event, Landlord, at Landlord’s sole cost and expense, shall have the right to take all necessary and appropriate action to evict Original Tenant from the Premises by summary dispossess proceeding, judgment for possession or as otherwise provided by applicable law. Assignee agrees to cooperate with Landlord, at no cost to Assignee, in any such a hold over tenancysummary process action undertaken by Landlord against Original Tenant.

Appears in 1 contract

Samples: Lease (Markforged Holding Corp)

Surrender of Possession. Tenant shall on All alterations, improvements and additions to the last day of the Term or upon any sooner termination thereofPremises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord's property at the termination of this Lease by lapse of time or by reason of Tenant’s Default or otherwiseotherwise and shall, surrender and deliver unless Landlord requests their removal as hereinafter set forth, be relinquished to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the expiration of the Term or upon the termination of this Lease Tenant's right of possession, whether by lapse of timetime or at the option of Landlord as herein provided, Tenant shall forthwith surrender the Premises to Landlord in good order, repair and condition, ordinary wear and tear and damage by fire or other casualty excepted, and shall, if Landlord so requires, remove those alterations, improvements and additions to the Premises including built-in furniture or shelves and all other attached items which Landlord shall request Tenant remove and restore the Premises to the condition existing at the beginning of the Term, ordinary wear and tear and damage by fire or other casualty excepted; provided, however, that Tenant shall not be obligated to remove building standard items or items, or alterations, improvements or additions as to which Landlord has waived in writing upon the written request of Tenant for such waiver, at the time of approval of the plans therefor pursuant to Section 8 hereof, its right to require their removal. Prior to the termination of the Term or of Tenant's right of possession Tenant shall remove its office furniture, trade fixtures fixtures, office equipment and all other personal items of Tenant's movable property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of on the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair pay to Landlord upon demand the cost of repairing any injury or damage to the Premises from such and to the Building caused by any removal. If Tenant does not shall fail or refuse to remove such Trade Fixtures any property which it is required to remove from the Premises prior Premises, Tenant shall be conclusively presumed to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse have abandoned the same, and Tenant title thereto shall pay thereupon pass to Landlord without any cost either by set-off, credit, allowance or otherwise, and Landlord may at its option accept the cost of title to such removal property or at Tenant's expense may (including i) remove the repair of same or any injury or part in any manner that Landlord shall choose, repairing any damage to the Premises or the Improvements resulting from caused by such removal), delivery and warehousing to Landlord on demand(ii) store, destroy or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant otherwise dispose of the Premises after the expenses of this Lease shall operate and be construed same without incurring liability to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and Tenant or any other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancyperson.

Appears in 1 contract

Samples: Agreement (Orbitz Inc)

Surrender of Possession. Tenant shall on Upon the last day Termination Date or upon the termination of Tenant's right of possession of all or any portion of the Term or upon any sooner termination thereofLeased Premises, whether by lapse of time or at the option of Landlord as herein provided or otherwise, Tenant shall, subject to the terms of Section 10.2 hereof, forthwith surrender the Leased Premises and those other portions of the Building that Tenant is using or maintaining to Landlord in their then "as-is", but broom-clean, condition and shall repair any damage to any such areas whether caused by Tenant's vacation thereof or Tenant's removal of any items therefrom. Prior to the Termination Date or termination of Tenant's right of possession of the Leased Premises or any portion thereof, whichever is earlier, Tenant shall remove its office furniture, trade fixtures, office equipment, telephone and computer systems (excluding wiring), and all other items of Tenant's property that Tenant is required to remove pursuant to Section 10.2 above, from the Leased Premises and shall surrender the Leased Premises to Landlord in their then "as-is", but broom-clean, condition and shall deliver keys and combinations to all locks, vaults, cabinets and safes remaining in the Leased Premises. Tenant covenants that it shall not allow waste to occur within the Leased Premises at any time during the Term. Tenant shall pay to Landlord upon demand the cost of repairing any damage to the Leased Premises or to the Building caused by any such removal or failure to remove items that Tenant is required to remove under this Article or Section 10.2. If Tenant shall fail or refuse to remove any such property or improvements from the Leased Premises or the Building, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost to Landlord, whether by set-off, credit, allowance or otherwise, and Landlord, may at its option accept the title to such property, and (i) store, destroy or otherwise dispose of the same without incurring liability to Tenant or any other person, and (ii) at Tenant's expense may (only with respect to items which Tenant is required to remove pursuant to this Article or Section 10.2) remove the same or any part in any manner that Landlord shall choose, repairing any damage to the Leased Premises or the Building caused by such removal. In the event Landlord incurs any removal or storage or other costs by reason of Tenant’s Default or otherwise's failure to remove any property which Tenant is obligated to remove under this Article, surrender and deliver Tenant upon demand shall pay to Landlord the Premises in broom cleanreasonable, good condition, ordinary wear and tear excepted, and if Tenant out-of-pocket amount of costs so incurred. The provisions of this Article 18 shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of survive the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with expiration or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord accordance with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancy30.14 hereof.

Appears in 1 contract

Samples: Lease (Privatebancorp, Inc)

Surrender of Possession. Tenant Upon the expiration or termination of the Lease Term, howsoever effected, Lessee shall forthwith surrender the Leased Premises and the Assets (including the Substitute Assets) (as defined in Section Seventeen (17) herein) to Lessor, free and clear of all claims, liens, security interests and other encumbrances (except those existing on the last day of Effective Date), and other encumbrances approved in writing by Lessor during the Lease Term or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord in as good working order and condition as on the Premises in broom clean, good conditionEffective Date, ordinary wear and tear excepted, . Lessor's Assets and if Tenant shall thereafter remain in possession thereof, it Substitute Assets shall be deemed guilty of forcible detainer surrendered to Lessor and all equipment surrendered shall have an aggregate functional capability at least equal to the aggregate functional capability of the Premises equipment and Assets owned by or leased by Lessor and leased to Lessee as of the Commencement Date. Lessor shall be subject have the option to purchase all or any portion of the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with inventory on hand as of the expiration or without process of law. Upon the termination of this Lease by lapse for a purchase price equal to the lesser of timethe cost to Lessee or the market value of such inventory so purchased. If Lessor exercises such purchase option, Tenant Lessee shall remove furniture, trade fixtures execute and deliver to Lessor such bills of sale and assignments and other personal documents as Lessor may require. All assets owned by Lessee and not purchased by Lessor shall remain the sole and exclusive property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury Lessee upon termination or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease. To the extent Lessor does not exercise Lessor's purchase option in respect of Lessee's equipment or inventory as described herein, and Landlord Lessee may exercise any and all remedies at law remove Lessee's equipment or in equity to recover possession inventory from the Leased Premises upon the expiration or termination without cause of the Lease Term; provided, however, that Lessee shall be responsible for and shall immediately repair any damage to the Leased Premises and may seek damages in caused by the event removal of such a hold over tenancyLessee's equipment.

Appears in 1 contract

Samples: Lease Agreement (LHC Group, Inc)

Surrender of Possession. Tenant shall on Subject to the last day subparagraph of the Term paragraph captioned "Damage or upon any sooner Destruction*. Tenant shall, at the expiration or earlier termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwisethis Lease, surrender and deliver the Premises to Landlord in as good condition as when received by Tenant from Landlord or as later improved, reasonable use and wear excepted. 4.7 REMOVAL OF PROPERTY Upon expiration or earlier termination of this Lease, Tenant may remove its personal property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises in broom cleanand any Tenant Alterations (including, good conditionwall-to-wall carpeting, ordinary wear paneling, wall covering or lighting fixtures and tear exceptedapparatus or Telecommunication Facilities,) or any other article affixed to the floor, and if Tenant shall thereafter remain in possession thereofwalls, it shall be deemed guilty of forcible detainer ceiling or any other part of the Premises or Building, shall become the property of Landlord and shall remain upon and be subject surrendered with the Premises, except as may be otherwise provided in the paragraph captioned Tenant Alterations'' or the paragraph captioned Tenant's Contribution to Tenant Improvement Costs". Tenant waives all rights to any payment or compensation for such property. If, at the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with expiration or without process of law. Upon the earlier termination of this Lease by lapse of timeor at such time as Landlord exercises its right or re-entry, Tenant shall has failed to remove furniture, trade fixtures and other personal any property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging Building or Land which it is entitled or required to Tenant and incident to the business of Tenant are hereinafter referred to remove as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however endedprovided in this Lease, Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the same account and deliver at the same expense of Tenant. If Tenant fails to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of storing any such removal property, Landlord may, at its option, after it has been stored for a period of twenty (including the repair of 20) Business Days or more, sell or permit to be sold, any injury or damage to the Premises all such property at public or the Improvements resulting from private sale (and Landlord may become a purchaser at such removalsale), delivery in such manner and warehousing to at such times and places as Landlord on demand, or Landlord in its sole discretion may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of saledeem proper, without further payment or credit by Landlord or notice to Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any shall apply the proceeds of such sale: first, to the cost and all remedies at law or in equity expense of such sale, including reasonable attorney's fees actually incurred; second, to recover possession the payment of the Premises and costs or charges for storing any such property; third, to the payment of any other sums of money which may seek damages in then be or later become due Landlord from Tenant under this Lease; and, fourth, the event of such a hold over tenancy.balance, if any, to Tenant. 4.8

Appears in 1 contract

Samples: Agave Corporate Center (Dynamic Biometric Systems, Inc.)

Surrender of Possession. Tenant shall on Upon the last day expiration of the Term or upon any sooner the termination thereofof Tenant’s right of possession to all or a portion of the Premises, whether by lapse of time or by reason at the option of Tenant’s Default Landlord as herein provided, Tenant shall forthwith quietly and peaceably surrender the Premises or otherwise, surrender and deliver portion thereof to Landlord the Premises in broom cleangood order, good repair and condition, ordinary wear wear, damage by fire or other casualty, taking by eminent domain or caused by Landlord, its agents, employees or contractors excepted. Except as otherwise provided in this Lease, any interest of Tenant in the alterations, improvements and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of additions to the Premises and shall be subject made or paid for by Landlord or Tenant shall, without compensation to all the conditions and provisions contained herein and to ejection and removalTenant, forcibly and otherwise, with or without process of law. Upon become Landlord’s property at the termination of this Lease by lapse of timetime or otherwise and such alterations, improvements and additions shall be relinquished to Landlord in good condition, ordinary wear, damage by fire or other casualty, taking by eminent domain or caused by Landlord, its agents, employees or contractors excepted. Not later than the termination of the Term or of Tenant’s right of possession Tenant shall remove office furniture, trade fixtures, office equipment and all other items of Tenant’s property on the Premises. Subject to Paragraph 12A above, Tenant shall remove furniture, trade fixtures and other personal property belonging pay to Tenant that are incident to Landlord upon demand the business cost of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair repairing any injury or damage to the Premises from such removaland to the Building caused by any removal required hereunder. If Tenant does not shall fail or refuse to remove any such Trade Fixtures property from the Premises prior to the end of the Term, however endedPremises, Landlord mayshall, at its optionTenant’s expense, (i) remove the same or any part in any manner that Landlord shall choose, repairing any damage to the Premises caused by such removal, and deliver (ii) store the same without incurring liability to Tenant or any other place person. If Tenant fails to pay Landlord’s cost relating to such removal, storage and repair and claim such property within thirty (30) days of business of termination, Tenant or warehouse shall be conclusively presumed to have abandoned the same, and Tenant title thereto shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing thereupon pass to Landlord on demandwithout any cost either by set-off, credit, allowance or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law destroy or in equity to recover possession otherwise dispose of the Premises and may seek damages in same, but such abandonment shall not affect Tenant’s obligations with respect to the event costs of such a hold over tenancyremoval, storage, repair, destruction and/or disposition.

Appears in 1 contract

Samples: Office Lease (Investors Financial Services Corp)

Surrender of Possession. Tenant shall on Immediately prior to the last day of the Term expiration or upon any the sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of timeLease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, trade fixtures supplies, wall decorations and other personal property belonging from the Leased Premises and the Outside Areas, and shall vacate and surrender the Leased Premises, the Outside Areas and the Property to Tenant that are incident to the business of Tenant (as distinguished from personal property used Landlord in the operation of the Premises); such furnituregood working condition, trade fixtures broom clean, reasonable wear and other personal property belonging to Tenant tear, casualty and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”condemnation excepted. Tenant shall repair any injury or all damage to the Premises from Leased Premises, the exterior of the Buildings and the Outside Areas caused by Tenant’s removal of Tenant’s property. Additionally, to the extent that Landlord shall have notified Tenant in writing at the time required under Paragraph 6.1, Tenant shall, upon the expiration or sooner termination of this Lease, remove any Required Removables (as defined below) and repair all damage caused by such removal. Notwithstanding the foregoing, under no circumstance shall Tenant be required to remove or restore (or pay for any removal or restoration of) the Tenant Improvements or Permitted Alterations (as defined below). Landlord shall be entitled to take this non-removal right of Tenant into account in approving any Tenant Improvements or alterations for which Landlord’s consent is required pursuant to this Lease or the Work Letter. If Tenant does the Leased Premises, the Outside Areas and the Property are not remove such Trade Fixtures from surrendered to Landlord in the Premises condition required by this Lease at the expiration or sooner termination of this Lease, following thirty (30) days’ prior written notice to the end of the Term, however endedTenant, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or applicable improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all third-party out-of-pocket costs incurred by Landlord in returning the Leased Premises and the Outside Areas to the required condition within thirty (30) days after Landlord’s billing Tenant for same. Any amounts not so paid shall incur interest at the Default Interest Rate from the date overdue. Notwithstanding the foregoing, Landlord may consent (in its optionsole and absolute discretion, remove the same and deliver the same which consent may be withheld for any reason or no reason) to any other place of business accept a cash payment from Tenant in lieu of Tenant completing all or warehouse any portion of the samework required pursuant to this paragraph, such consent to be in a written notice specifying the work from which Tenant shall be excused. If Tenant holds over without Landlord’s permission following the expiration or sooner termination of this Lease, such holdover shall be an Event of Default by Tenant requiring no notice from Landlord, and Tenant shall pay the cost of such removal (including the repair of any injury indemnify Landlord against loss or damage to the Premises or the Improvements liability resulting from such removal)delay by Tenant in surrendering the Leased Premises, delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of saleincluding, without further payment or credit limitation, any claims made by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancysucceeding tenant.

Appears in 1 contract

Samples: Lease (Personalis, Inc.)

Surrender of Possession. Tenant shall on On or before the last day of date this Lease and the Term hereby created terminate, or upon any sooner termination thereofon or before the date Tenant's right of possession terminates, whether by lapse of time or at the option of Landlord, Tenant will: (a) restore the Premises to the same condition they were in at the beginning of the Term (except for reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and remove those alterations, improvements and additions installed by reason or for the benefit of Tenant (including tenant improvements acquired by Tenant from former tenants or existing in the Premises as of the date such space is leased to, or occupied by, Tenant) which Landlord shall request Tenant to remove; (b) remove from the Premises and the Building all of Tenant’s Default 's personal property; and (c) surrender possession of the Premises to Landlord. If Tenant shall fail or otherwiserefuse to restore the Premises to the above-described condition on or before the above-specified date, surrender Landlord may enter into and deliver to Landlord upon the Premises and put the Premises in broom clean, good such condition, ordinary wear and tear exceptedrecover from Tenant Landlord's cost of so doing. Without limiting the generality of the foregoing, Tenant agrees to pay Landlord, upon demand, the cost of restoring the walls, ceilings and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer floors of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business same condition that existed prior to the date of the commencement of any alterations, improvements, or additions made by or for Tenant's occupancy (or a prior tenant's occupancy if such alterations, improvements or additions were acquired by Tenant (as distinguished from personal property used in the operation a former tenant) of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not shall fail or refuse to comply with Tenant's duty to remove such Trade Fixtures all personal property from the Premises prior to and the end of Building on or before the Termabove-specified date, however ended, the parties hereto agree and stipulate that Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal election: (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may 1) treat such Trade Fixtures failure or refusal as having been conveyed an offer by Tenant to Landlord with transfer title to such personal property to Landlord, in which event title thereto shall thereupon pass under this Lease as a xxxx of salebill xx sale to and vest in Landlord absolutely without any cost either by set-off, without further payment credit allowance or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Leaseotherwise, and Landlord may exercise remove, sell, retain, donate, destroy, store, discard, or otherwise dispose of all or any part of said personal property in any manner that Landlord shall choose; or (2) treat such failure or refusal as conclusive evidence, on which Landlord and all remedies at law or in equity any third party shall be entitled absolutely to recover possession of the Premises rely and may seek damages in the event of act, that Tenant has forever abandoned such a hold over tenancy.personal property, and

Appears in 1 contract

Samples: Quaker Fabric Corp /De/

Surrender of Possession. Tenant Lessee shall on surrender possession of the last day Premises immediately upon the expiration of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removalLease. If Tenant does not remove such Trade Fixtures from the Premises prior Lessee shall continue to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant occupy or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of possess the Premises after such expiration or termination without the expenses consent of Lessor, then unless Lessor and Lessee have otherwise agreed in writing, Lessee shall be a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall operate apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Term, and except that the Base Rental shall be construed to as follows (i) for the first two (2) months of such holding over, the Base Rental shall be a tenancy from month to month only, at one hundred thirty twenty-five percent (130125%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder Base Rental for the Term. Nothing contained Premises in effect under this Section shall be construed Lease during the month which includes the day immediately prior to give Tenant the right to hold over after date of the expiration or termination of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession (ii) thereafter, the Base Rental shall be one hundred fifty percent (150%) of the Base Rental for the Premises and in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may seek damages in be terminated by Lessor or Lessee upon thirty (30) days’ prior notice to the other Party. In the event that Lessee fails to surrender the Premises upon such termination or expiration (and provided that Lessor has provided Lessee with at least thirty (30) days prior written notice that Lessor has a signed proposal or lease from a succeeding lessee to lease the Premises), then Lessee shall indemnify, defend and hold Lessor harmless against all loss or liability resulting from or arising out of such a hold over tenancy.Lessee’s failure to surrender the Premises, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and any related attorneys’ fees and brokerage commissions. Lessor’s (Landlord’s) initials Lessee’s (Tenant’s) initials

Appears in 1 contract

Samples: Lease Agreement (Fisker Inc./De)

Surrender of Possession. Tenant shall on No later than three (3) months after the last day of Expiration Date or no later than three (3) months after the Term or upon any sooner termination thereofof this Lease, whether by lapse of time or by reason of Tenant’s Default or otherwiseLessee, at its cost and expense, shall (a) peaceably surrender and deliver to Landlord the Premises in broom clean, in good conditioncondition and repair, ordinary wear and tear excepted, (b) remove all trade fixtures, furniture, equipment and if Tenant shall thereafter remain in possession thereof, it personal property from the Premises and repair all damage caused by such removal. Lessee has no obligation to remove any of the Buildings and Lessee has no obligation to remove the footings and foundation of the ready mix plant. All property not removed by such date shall be deemed guilty abandoned and may be removed, stored or disposed of forcible detainer by Lessor, at the cost and expense of Xxxxxx. Lessor shall not be responsible for the preservation or safekeeping of such property. Lessee shall pay to Lessor, upon demand, all expenses incurred in such removal, storage or disposal of such property and all costs incurred by Lessor to cause the Premises and shall to be subject to all in the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of lawcondition required under this Section. Upon the Expiration Date or sooner termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, ownership of all modifications, improvements, alterations, additions and Landlord may exercise fixtures not already owned by Lessor that have been made or installed by either Lessor or Lessee upon the Premises shall vest in Lessor and be surrendered with the Premises, except that Xxxxxx’s trade fixtures, furniture, equipment and personal property that have not been abandoned shall remain the property of Lessee. Lessee shall promptly surrender all keys to the Premises to Lessor at the place then fixed for the payment of Rent and shall inform Lessor of combinations to any vaults, locks and all remedies safes left at law the Premises. The acceptance of keys to the Premises by the Lessor, its agents, employees, contractors or in equity to recover possession any other person on Xxxxxx’s behalf, shall not be deemed an acceptance of surrender of the Premises and may seek damages in the event or constitute a termination of such a hold over tenancythis Lease.

Appears in 1 contract

Samples: Lease Agreement

Surrender of Possession. Tenant shall on Upon the last day termination of the Term or upon any sooner termination thereof, this Lease whether by forfeiture, lapse of time or by reason otherwise, or upon the termination of Tenant’s Default or otherwiseright to possession of the Premises, Tenant will at once surrender and deliver to Landlord up the Premises in to Landlord, broom clean, in good conditionorder, ordinary condition and repair, reasonable wear and tear excepted. “Broom clean” means free from all debris, dirt, rubbish, personal property of Tenant, oil, grease, tire tracks or other substances, inside and if outside of the Premises. Any damage caused by removal of Tenant shall thereafter remain in possession thereoffrom the Premises, it including any damages caused by removal of tenant’s equipment, shall be deemed guilty of forcible detainer repaired and paid for by Tenant prior to the expiration of the Term. All alterations temporary or permanent, excluding tenant’s equipment, in or upon the Premises placed there by Tenant, shall become Landlord’s property and shall be subject to all remain upon the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the Premises upon termination of this Lease by lapse of timetime or otherwise, without compensation or allowance or credit to Tenant, unless Landlord requests their removal. If Landlord so requests removal of said additions, hardware, alterations or improvements and Tenant shall does not make such removal by the termination of this Lease, or within ten (10) days after such request, whichever is later, Landlord may remove furniture, trade fixtures the same and deliver the same to any other personal property belonging to Tenant that are incident to the place of business of Tenant (as distinguished from personal property used in or warehouse same, and Tenant shall pay the operation cost of the Premises); such furnitureremoval, trade fixtures delivery and other personal property belonging warehousing to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”Landlord on demand. Tenant shall repair any injury or damage to the Premises which may result from such removal. If Tenant does not remove such Trade Fixtures tenant’s equipment from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures tenant’s equipment as having been conveyed to Landlord with this Lease as a xxxx Xxxx of saleSale, without further payment or credit by Landlord or to Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancy.

Appears in 1 contract

Samples: Industrial Space Lease (Rubicon Technology, Inc.)

Surrender of Possession. Tenant shall on the last day Upon expiration of the Sublease Term or upon any sooner the termination thereofof Sublessee's right of possession, whether by lapse of time or by reason of Tenant’s Default or otherwiseas otherwise herein provided, Sublessee shall forthwith surrender the Subleased Premises to Sublessor in good order, repair and deliver to Landlord the Premises in condition, broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in . Sublessee agrees that TIME SHALL BE OF THE ESSENCE with respect to Sublessee's obligations to surrender possession thereof, it shall be deemed guilty of forcible detainer of the Subleased Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon Sublessor upon the termination of the Term of this Lease by lapse of timeSublease, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant further agrees that are incident to the business of Tenant (as distinguished from personal property used in the operation event that Sublessee does not promptly surrender possession of the Premises); Subleased Premises to Sublessor upon such furnituretermination, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the TermSublessor, however ended, Landlord may, at its option, remove the same and deliver the same in addition to any other place of business of Tenant or warehouse the samerights and remedies Sublessor may have against Sublessee for such holding over, shall be entitled to bring summary proceedings against Sublessee, and Tenant shall pay the cost Sublessee agrees to reimburse Sublessor for Sublessor's damages, consequential as well as direct, sustained by Sublessor by reason of such removal holding over, including without limitation, Sublessor's reasonable attorney's fees and disbursements incurred in connection with the exercise by Sublessor of its remedies against Sublessee. Consequential damages shall include but not be limited to: (a) Sublessor's costs incurred as a result of Sublessor's inability to occupy the Subleased Premises including the repair of additional moving expenses and increased construction costs, if any, relating to any injury or damage improvements to the Subleased Premises or planned by Sublessor upon termination of this Sublease; and (b) any amounts owed to the Improvements resulting from such removal), delivery and warehousing Prime Landlord for failure to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this surrender the Subleased Premises under the Prime Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant upon termination of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Prime Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancy.

Appears in 1 contract

Samples: Coolsavings Com Inc

Surrender of Possession. Tenant shall on Upon the last day expiration or termination of the Term or upon any sooner termination thereofTerm, whether by lapse of time or by reason otherwise, or upon the termination of Tenant’s Default 's right of possession, Tenant shall forthwith surrender the Premises to Landlord in good order, repair and condition, ordinary wear and tear, and, subject to Tenant's duty to carry insurance as required by this Lease, damage by fire or other casualty excepted. All alterations, improvements and additions to the Premises, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord's property upon the expiration or sooner termination of this Lease; provided, however, that Tenant may remove any of such alterations, additions and improvements which, as provided in Section 9 above, Landlord and Tenant agree in writing may be removed from the Premises at the expiration of the Term or sooner termination of this Lease (such agreement not to be unreasonably withheld). Except as provided in Section 9 to the contrary, all such alterations, improvements and additions shall remain Landlord's property at the termination or expiration of this Lease whether by lapse of time or otherwise, surrender and deliver shall be relinquished to Landlord the Premises in broom cleangood order, good repair and condition, ordinary wear and tear and, subject to Tenant's duty to carry insurance as required by this Lease, damage by fire or other casualty excepted. Tenant agrees to remove, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer at such expiration or termination of the Premises and shall be subject to all Term or of its right of possession, the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process following items of law. Upon the termination of this Lease by lapse of time, Tenant shall remove property: office furniture, trade fixtures fixtures, office equipment and all other personal items of Tenant's property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of or temporary improvements on the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair pay to Landlord upon demand the cost of repairing any injury or damage to the Premises from and to the Building caused by any such removal. If Tenant does not shall fail or refuse to remove any such Trade Fixtures property from the Premises prior Premises, Tenant shall be conclusively presumed to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse have abandoned the same, and Tenant title thereto shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing thereupon pass to Landlord on demandwithout any cost either by set-off, credit, allowance or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Leaseotherwise, and Landlord may exercise at its option accept the title to such property or at Tenant's expense may (i) remove the same or any part thereof in any manner that Landlord shall choose, and all remedies at law (ii) store, destroy or in equity to recover possession otherwise dispose of the Premises and may seek damages in the event of such a hold over tenancysame without incurring liability to Tenant or any other person.

Appears in 1 contract

Samples: Lease Agreement (Wildblue Communications Inc)

Surrender of Possession. 26.1 Upon expiration of the Lease Term, Tenant shall promptly and peacefully surrender the Premises to Landlord, broom clean and free of all of its furniture, movable fixtures, special equipment and Alterations (if any) required to be removed pursuant to Section 15.3, above, and otherwise in as good condition as when received by Tenant from Landlord or as thereafter improved, reasonable use and wear and tear and damage by insured casualty excepted, all to the reasonable satisfaction of Landlord. If the Premises are not surrendered as and when aforesaid, and in accordance with the terms of this Lease, Tenant shall indemnify Landlord against all claims, losses, costs, expenses (including reasonable attorneys' fees) and liabilities resulting from the delay by Tenant in so surrendering the same, including any claims made by any succeeding occupant! founded on such delay,provided that in order to claim indemnification for consequential damages under this Section (for example, for damages suffered due to termination of a replacement lease or for delay damages payable to any tenant under a replacement lease, due to late delivery arising by rirtue of Tenant failure to surrender possession in a timely fashion), Landlord agrees that it shall be required to provide Tenant with not less than sixty (60) days prior written notice that Landlord has executed (or is in negotiation to execute) a lease which provides for termination or payment of such delay damages if Tenant fails to surrender possession of the last day Premises by a date certain set forth in such notice (which shall be not less than sixty (60) days after the date of such notice) or upon expiration of the Term (whichever is later), and identifying with reasonable specificity the amount of such damages (or upon any sooner such termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, right) which will result if Tenant fails to surrender and deliver to Landlord the Premises in broom cleana timely fashion thereafter, good conditionor the basis for measuring same. The indemnification set forth in this Section 26 shall survive termination of this Lease. 26.2 With regard to the removal of any leasehold improvements to the Premises as part of Tenant's proper surrender of the Premises pursuant to this Section 26, ordinary wear the parties agree as ollows: If such leasehold improvements constitute Alterations to the Premises within the meaning 0 Article 15 of the Lease, then the provisions of Article 15 shall determine whether Tenant is required to remove such alterations and tear exceptedrestore the Premises to its pre-existing condition as part of such surrender obligation. If such leasehold improvements were constructed as part of'Landlordls Work, or otherwise pursuant to Exhibit C of this Lease, Tenant shall not be obligated to remove same and restore the Premises to its pre-existing condition unless (i) such leasehold improvements are not standard Class A office improvements, and if (ii) Landlord notified Tenant, at the time of its approval of the Construction Drawings pursuant to Exhibit C, or any applicable change order, that Tenant shall thereafter remain in possession thereof, it shall would be deemed guilty of forcible detainer required to remove such improvements upon surrender of the Premises and shall be subject restore the Premises to all its pre-existing condition (in which event Tenant, if it elected at such time to Iproceed with the conditions and provisions contained herein and to ejection and removalimprovements so designated by Landlord for removal upon surrender, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging same at the time of its surrender pursuant to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the samethis Article 26, and Tenant shall pay restore the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant affected portions of the Premises after to its pre-existing condition). The foregoing provisions to the expenses of this Lease shall operate and be construed to be a tenancy from month to month onlycontrary notwithstanding, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancy.54

Appears in 1 contract

Samples: Lease (OMNICELL, Inc)

Surrender of Possession. Tenant shall on Xxxxxx agrees at the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, Expiration Date to peacefully surrender and deliver the Leased Premises to Landlord Landlord. In the event Tenant retains possession of the Leased Premises in broom clean, good condition, ordinary wear beyond the Expiration Date and tear exceptedcontinues to pay rent, and if Landlord accepts such rent without any express written agreement as to such holding over, Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be a month-to-month tenant subject to all the terms and conditions and provisions contained herein and to ejection and removalset forth in this Lease, forcibly and otherwiseas applicable. In the event of such a continuation on a month-to-month basis, with or without process of law. Upon the termination of this Lease may then be terminated by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant either party giving twenty-one (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises 21) days’ written notice prior to the end of the Termrental month, however ended, and Landlord may, at its Xxxxxxxx’s option, remove increase the same rent for any such holdover period by giving Tenant twenty-one (21) days’ written notice prior to the end of the rental month. The rental month shall begin with the due date of the monthly rent. Nothing contained herein shall be construed as requiring Landlord to accept any rent tendered by Tenant after the Expiration Date, or to permit Tenant to hold over. In the event Tenant holds over without the written consent of Landlord, this Lease shall not be deemed renewed, Tenant shall be deemed to be illegally retaining possession, Tenant and deliver the same Tenant’s property shall be subject to eviction and removal by any other place of business of Tenant or warehouse the samemeans permitted by applicable law, and Tenant shall pay be liable to Landlord for an amount equal to three times the cost of such removal (including the repair of any injury or damage rental rate in effect immediately prior to the Premises expiration or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses termination of this Lease for the entire period of any such holdover. Such amount shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) considered liquidated damages for the loss of use of the monthly installments Leased Premises during such holdover period. No such holding over and no acceptance by Landlord of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section payments of such liquidated damages shall be construed to give Tenant extend the right to hold over after the expiration Term of this Lease. Further, the above-described liquidated damages are solely for the loss of use of the Leased Premises during the holdover period, and Tenant shall be and remain liable to Landlord for all other harm arising as a result of such holdover, including, but not limited to, attorneys’ fees, court costs, and the loss of a new tenant or a prospective purchaser of the Leased Premises, and Landlord may exercise any all other rights and all remedies available at law law, in equity, or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancyby statute or otherwise.

Appears in 1 contract

Samples: Residential Lease

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Surrender of Possession. Tenant shall on Upon the last day expiration or termination of the Term this Lease or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwiseright to possession, Xxxxxx shall surrender and deliver to Landlord the Premises in broom cleana clean undamaged condition and remove all personal property therefrom. If possession is not immediately surrendered, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of Landlord may forthwith re-enter the Premises and shall remove all persons and effects, using such force as may be subject to reasonably necessary, without being liable for the re-entry or the use of force. All alterations, decorations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wall coverings, built-in appliances, cabinet work and the conditions and provisions contained herein and to ejection and removallike, forcibly and shall, unless Landlord elects otherwise, with become the property of Landlord and shall remain upon, and be surrendered with, the Premises, as a part thereof, at the end of the term hereof, except that Landlord may, by written notice to Tenant, require Tenant to remove any such improvements or without process fixtures, and Tenant shall repair or, at Landlord's option, shall pay to the Landlord all costs arising from such removal. Without limiting the generality of law. Upon the foregoing, at the termination of this Lease by lapse of timeLease, Tenant Tenant, at Tenant’s sole cost and expense, shall remove all trade fixtures, movable furniture, trade fixtures equipment, and other personal property belonging property, together with any signage, alterations, improvements or additions as Landlord shall designate to be removed and Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furnitureshall, trade fixtures forthwith and other personal property belonging to Tenant with all due diligence at its sole cost and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall expense, repair any injury or damage to the Premises from caused by such removalremoval and restore the Premises and the portion of any wall to which a sign was attached to a condition reasonably comparable to its condition at the commencement of the Lease. Notwithstanding the immediately preceding sentence, Landlord shall have the right to designate by written notice to Tenant that all or any portion of any fixtures or improvements remain on the Premises upon surrender of possession of the Premises upon termination of this Lease. All damage to the Premises arising out of Tenant’s moving of property in or out of the Premises, including damage to floors due to overloading, shall be fully repaired at Tenant’s sole cost and expense. If Tenant does not shall fail or refuse to remove all such Trade Fixtures property from the Premises prior to the end of the TermPremises, however ended, Landlord maythen, at its Landlord’s option, remove the same and deliver the same : (a) Tenant shall conclusively be presumed to any other place of business of Tenant or warehouse have abandoned the same, and Tenant the title hereto shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing pass to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed without any cost to Landlord with this Lease as a xxxx of saleeither by set-off, without further payment credit allowance or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise accept the title to such property, or, (b) Landlord, at Tenant’s expense, may remove the same or any part thereof in any manner that Landlord shall choose and all remedies at law store or in equity to recover possession dispose of the Premises and may seek damages in the event of such a hold over tenancysame without incurring liability to Tenant or any other person.

Appears in 1 contract

Samples: robsonlawsuit.com

Surrender of Possession. At the expiration or earlier termination of this Lease, Tenant shall promptly quit and peaceably vacate, surrender, and yield up to Landlord, the Premises, together with any Structural Improvements, in broom-clean and in the same condition as they were on the last day of the Term or upon any sooner termination thereofStart Date, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary reasonable wear and tear excepted. If furnished at Tenant’s expense, all removable trade fixtures (trade fixtures do not include fire or security systems), professional equipment, business equipment, and if Tenant other items of Tenant’s Property shall thereafter remain in possession thereof, it shall not be deemed guilty of forcible detainer of the Premises to be included in Structural Improvements and shall may be subject to all the conditions removed by Tenant provided that Tenant is not in default hereunder and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant removal does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or cause physical damage to the Premises or the Improvements resulting from such removal)Property. Notwithstanding anything in the foregoing to the contrary, delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed give notice to Landlord with this Lease as Tenant (a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent “Removal Notice”) within ten (130%10) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over days after the expiration or termination of this Lease, requiring Tenant at Tenant’s sole expense to remove any or all Structural Improvements within the time period specified by Landlord, and Landlord may exercise any and all remedies at law or in equity to recover possession of restore the Premises to the condition existing before such improvements were made, reasonable wear and may seek damages in tear excepted. The failure of Tenant to remove any improvements or property which it is entitled or required to remove hereunder shall be deemed to constitute an abandonment by Tenant, and such property shall thereupon become the event property of Landlord; provided, however, that the cost of removal and disposal of such a hold over tenancyproperty, if any, shall be paid by Tenant. The provisions of this ¶13.1 shall survive the termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement

Surrender of Possession. Tenant shall on On the last day of the Term term of this Lease, or upon any on the sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, Lessee shall peaceably surrender and deliver to Landlord the Premises in broom cleangood condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of the term of this Lease, good conditionor the date of sooner termination thereof, ordinary wear Lessee shall, at its sole cost and tear exceptedexpense, remove all of its property and trade fixtures and equipment from the Premises, and if Tenant shall thereafter remain in possession thereof, it all property not removed shall be deemed guilty abandoned. Lessee hereby appoints Lessor its agent to remove all abandoned property of forcible detainer of Lessee from the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the upon termination of this Lease and to cause its transportation and storage for Lessee's benefit, all at the sole cost and risk of Lessee and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all reasonable costs and expenses of such removal, transportation and storage. Lessee shall leave the Premises in good order, condition and repair, reasonable wear and tear and damage from fire and other casualty or which is the responsibility of Lessor excepted. Lessee shall reimburse Lessor within thirty (30) days following its receipt of written demand for any expenses incurred by lapse Lessor with respect to removal, transportation, or storage of timeabandoned property and with respect to restoring said Premises to the condition required by this Lease. All alterations, Tenant shall remove additions and fixtures, other than Lessee's furniture, personal property, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of equipment which have been made or installed by either Lessor or Lessee Upon the Premises); such furniture, trade fixtures shall remain the property of Lessor and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to be surrendered with the Premises from such removalas a part thereof. If Tenant does not remove such Trade Fixtures from the Premises prior to are not surrendered at the end of the Termterm or sooner termination thereof, however endedLessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, Landlord mayincluding, at its optionwithout limitation, remove the same claims made by any succeeding tenants founded on such delay and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant attorneys' fees resulting therefrom. Lessee shall pay the cost of such removal (including the repair of any injury or damage to promptly surrender all keys for the Premises or to Lessor at the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx place then fixed for the payment of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for shall inform Lessor of combinations on any vaults, locks and safes left on the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancyPremises.

Appears in 1 contract

Samples: Office Lease (Exe Technologies Inc)

Surrender of Possession. At the expiration or any termination of this Lease, or of any hold-over term, Tenant shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord possession of the Demised Premises in broom cleanthe same good condition in which they were delivered at the commencement of the term hereof (with such Alterations as may have been approved by Landlord in writing and which Landlord does not require to be removed when Landlord grants its approval), good condition, ordinary reasonable wear and tear excepted, broom clean with all of Tenant’s merchandise and if personal property removed therefrom, and free of subleases and occupants. Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer deliver to Landlord keys to all doors at the Demised Premises. Also by the expiration of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of timeLease, Tenant shall remove furnituredeliver to Landlord a copy of an inspection report, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant prepared by Tenant’s mechanical contractor within thirty (as distinguished from personal property used in the operation 30) days of the Premises); such furnitureexpiration of the Lease, trade fixtures stating that the HVAC is in good operating condition, reasonable wear and other personal property belonging tear excepted. In the event Tenant fails to maintain the Demised Premises and HVAC as provided in Paragraph 3(C) above, or if Tenant and incident fails to restore the business Demised Premises by the expiration of Tenant are hereinafter referred to the Lease as “Trade Fixtures”. required hereunder, then Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, be liable for all costs and expenses incurred by Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the sametherefor, and Tenant shall pay Landlord the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit actual costs incurred by Landlord or Tenant. Any holding over by Tenant of to repair the Demised Premises after and HVAC and/or restore the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty Demised Premises plus ten percent (13010%) of the monthly installments of fixed rent, plus additional rent for Landlord’s overhead costs and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancyadministrative expenses.

Appears in 1 contract

Samples: Lease Agreement (Avalon Pharmaceuticals Inc)

Surrender of Possession. At the expiration or any termination of this Lease, or of any holdover term, Tenant shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord possession of the Demised Premises in broom cleanthe same good condition in which they were delivered at the commencement of the term hereof (with such Alterations as may have been approved by Landlord in writing and which Landlord does not require to be removed when Landlord grants its approval), good condition, ordinary reasonable wear and tear excepted, broom clean with all of Tenant’s merchandise and if personal property removed therefrom, and free of subleases and occupants. Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer deliver to Landlord keys to all doors at the Demised Premises. Also by the expiration of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of timeLease, Tenant shall remove furnituredeliver to Landlord a copy of an inspection report, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant prepared by Tenant’s mechanical contractor within thirty (as distinguished from personal property used in the operation 30) days of the Premises); such furnitureexpiration of the Lease, trade fixtures stating that the HVAC is in good operating condition. In the event Tenant fails to maintain the Demised Premises and other personal property belonging HVAC as provided in Section 3(C) above, or if Tenant fails to Tenant and incident to restore the business Demised Premises by the expiration of Tenant are hereinafter referred to the Lease as “Trade Fixtures”. required hereunder, then Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, be liable for all costs and expenses incurred by Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the sametherefor, and Tenant shall pay Landlord the cost actual costs incurred by Landlord to repair the Demised Premises and HVAC and/or restore the Demised Premises plus fifteen percent (15%) for Landlord’s overhead costs and administrative expenses. All voice, data and/or security wiring or cabling installed in the Demised Premises by Tenant during the Term of such removal the Lease (including the repair of any injury or damage “Tenant’s Cabling”) shall be removed by Tenant prior to the Premises expiration or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant termination of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and unless Landlord may exercise any and all remedies at law or in equity consents to recover possession of the Premises and may seek damages Tenant leaving Tenant’s Cabling for future use in the event of such a hold over tenancyDemised Premises.

Appears in 1 contract

Samples: Lease (Senseonics Holdings, Inc.)

Surrender of Possession. Tenant shall on On the last day of the Term term of this Lease, or upon any on the sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, Tenant shall peaceably surrender and deliver to Landlord the Premises in broom cleangood condition and repair consistent with Tenant's duty to make repairs as herein provided, good condition, ordinary reasonable wear and tear exceptedand casualty loss excluded. On or before the last day of the term of this Lease, and if Tenant shall thereafter remain in possession or the date of sooner termination thereof, it Tenant shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises which Tenant is required to remove pursuant to the terms of this Lease. All property not removed within ten (10) days following receipt of notice from Landlord shall be deemed guilty abandoned. Tenant hereby appoints Landlord its agent to remove all abandoned property of forcible detainer of Tenant from the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the upon termination of this Lease by lapse of timeand to cause its transportation and storage for Tenant's benefit, Tenant shall remove furniture, trade fixtures all at the sole cost and other personal property belonging to Tenant that are incident to the business risk of Tenant (as distinguished from personal property used and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”any manna in respect thereto. Tenant shall repair pay all reasonable costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord upon demand for any injury reasonable expenses incurred by Landlord with respect to removal, transportation, or damage storage of abandoned property and with respect to restoring said Premises to good order, condition and repair. All alterations, additions and fixtures, other than those which Tenant may, or is required to, remove pursuant to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration terms of this Lease, shall remain the property of Landlord and Landlord may exercise any and all remedies at law or in equity to recover possession of shall be surrendered with the Premises as a part thereof. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and may seek damages in shall inform Landlord of combinations on any vaults, locks and safes left on the event of such a hold over tenancyPremises. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL TENANT BE LIABLE FOR, OR OTHERWISE BE OBLIGATED TO PAY, LOST ACTUAL OR POTENTIAL PROFITS OR ANY OTHER DAMAGES OF A CONSEQUENTIAL, SPECULATIVE, SPECIAL, PUNITIVE OR SIMILAR NATURE. THE TERMS OF THIS SECTION 13.1 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.

Appears in 1 contract

Samples: Stanford Telecommunications Inc

Surrender of Possession. Tenant Lessee shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s Lessee's Default or otherwise, surrender and deliver to Landlord Lessor the Premises and all Improvements in broom clean, wholesome, good conditionand safe order and condition and in good repair, ordinary wear and tear excepted, and if Tenant Lessee shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall Lessee may remove furniture, trade fixtures and other personal property belonging to Tenant Lessee that are incident to the business of Tenant Lessee (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant Lessee and incident to the business of Tenant Lessee are hereinafter referred to as "Trade Fixtures". Tenant Lessee shall repair any injury or damage to the Premises or the Improvements that may result from such removal. If Tenant Lessee does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord Lessor may, at its option, remove the same and deliver the same to any other place of business of Tenant Lessee or warehouse the same, and Tenant Lessee shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord Lessor on demand, or Landlord Lessor may treat such Trade Fixtures as having been conveyed to Landlord Lessor with this Lease as a xxxx of sale, without further payment or credit by Landlord Lessor or TenantLessee. Any holding over by Tenant Lessee of the Premises after the expenses expiration of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty fifty percent (130150%) of the monthly installments of fixed rentFixed Rent, plus additional rent Additional Rent and other sums otherwise payable hereunder for the Term. Tenn. Nothing contained in this Section shall be construed to give Tenant Lessee the right to hold over after the expiration of this Lease, and Landlord Lessor may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancy.

Appears in 1 contract

Samples: Triple Net Lease With Purchase Option (Empowered Products, Inc.)

Surrender of Possession. Tenant shall on the last day Upon termination of the Term or upon any sooner termination thereofthis Lease, whether by ----------------------- lapse of time or by reason otherwise, or upon any termination of Tenant’s Default or otherwise's right to possession of the Premises without termination of the Lease, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord the Premises in broom clean, good and tenantable condition, ordinary wear and tear damage by fire or other casualty excepted. Upon any termination which occurs other than by reason of Tenant's default, for a ten (10) day period, Tenant shall be entitled to remove from the Premises any built-in furniture, attached data or word processing or duplicating equipment, trade fixtures, cables or appliances, provided that Tenant shall repair all damage resulting from such removal and shall restore the Premises to a tenantable condition. Subject to Section 2.4, all other additions, decorations, fixtures, hardware and all improvements, temporary or permanent, in or about the Premises, whether placed there by Tenant or by Landlord shall remain Landlord's property and shall remain upon the Premises without compensation, allowance or, credit to Tenant. In the event possession is not immediately delivered to landlord or if Tenant shall thereafter remain in possession thereoffail to remove all of such property which it is entitled or directed to remove, it shall be deemed guilty of forcible detainer of Tenant hereby grants to Landlord to the extent permitted by law, full and free license to enter into and upon the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon law for the termination purpose of this Lease by lapse returning to Landlord the Premises as of timeLandlord's former estate, Tenant shall to expel or remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to others who may be occupying the Premises from and to remove any and all property therefrom using such removalforce as may be necessary and permitted by law, without being deemed guilty of trespass, eviction or forcible entry or detainer, and without relinquishing Landlord's right to Rental or any other right hereunder. If Tenant does not remove such Trade Fixtures Any and all property which may be removed from the Premises prior by Landlord pursuant to the end of preceding paragraph or pursuant to law and not removed from the Term, however ended, Premises as set forth above shall be conclusively presumed to have been abandoned by Tenant and Landlord may, at its option, remove the same and deliver the same upon ten (10) days prior written notice, (i) accept title to any other place of business of Tenant or warehouse the same, and such property in which event Tenant shall pay the cost of be conclusively presumed to have conveyed such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing property to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with under this Lease as a xxxx of salesale or (ii) at Tenant's expense, without further payment or credit by dispose of such property in any manner that Landlord or Tenantshall choose. Any holding over by Tenant of the Premises after the expenses of this Lease In no event, however, shall operate and Landlord be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder responsible for the Termvalue, preservation or safekeeping of such property. Nothing contained in this Section If Tenant shall fail or refuse to remove all such property from the Premises, Tenant shall be construed conclusively presumed to give Tenant have abandoned the right same, and title thereto shall thereupon pass to hold over after the expiration of this LeaseLandlord without any cost to Landlord either by setoff, credit allowance or otherwise, and Landlord may exercise shall be entitled to be reimbursed by Tenant for any and all remedies at law removal or in equity to recover possession of the Premises and may seek damages in the event other expenses, including storage expenses, incurred by Landlord as a result of such a hold over tenancyabandonment.

Appears in 1 contract

Samples: Coyote Sports Inc

Surrender of Possession. Tenant shall on On the last day of the Term term of this Lease, or upon any on the sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, Lessee shall peaceably surrender and deliver to Landlord the Premises in broom cleangood condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of the term of this Lease, good conditionor the date of sooner termination thereof, ordinary wear Lessee shall, at its sole cost and tear exceptedexpense, remove all of its property and trade fixtures and equipment from the Premises, and if Tenant shall thereafter remain in possession thereof, it all property not removed shall be deemed guilty abandoned following the expiration of forcible detainer ten (10) days after termination of this Lease. Lessee hereby appoints Lessor its agent to remove all abandoned property of Lessee from the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the upon termination of this Lease and to cause its transportation and storage for Lessee's benefit, all at the sole cost and risk of Lessee and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all reasonable costs and expenses of such removal, transportation and storage. Lessee shall leave the Premises in good order, condition and repair, reasonable wear and tear and damage from fire and other casualty or which is the responsibility of Lessor excepted. Lessee shall reimburse Lessor within thirty (30) days following its receipt of written demand for any expenses incurred by lapse Lessor with respect to removal, transportation, or storage of timeabandoned property and with respect to restoring said Premises to the condition required by this Lease. All alterations, Tenant shall remove additions and fixtures, other than Lessee's furniture, personal property, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of equipment which have been made or installed by either Lessor or Lessee upon the Premises); such furniture, trade fixtures shall remain the property of Lessor and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to be surrendered with the Premises from such removalas a part thereof. If Tenant does not remove such Trade Fixtures from the Premises prior to are not surrendered at the end of the Termterm or sooner termination thereof, however endedLessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, Landlord mayincluding, at its optionwithout limitation, remove the same claims made by any succeeding tenants founded on such delay and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant attorneys' fees resulting therefrom. Lessee shall pay the cost of such removal (including the repair of any injury or damage to promptly surrender all keys for the Premises or to Lessor at the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx place then fixed for the payment of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for shall inform Lessor of combinations on any vaults, locks and safes left on the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancyPremises.

Appears in 1 contract

Samples: Office Lease (Exe Technologies Inc)

Surrender of Possession. Tenant shall on On or before the last day of date this Lease and the Term hereby created terminate, or upon any sooner termination thereofon or before the date Tenant's right of possession terminates, whether by lapse of time or at the option of Landlord, Tenant will: (a) remove those alterations, improvements and additions installed by reason Tenant which Tenant is required to remove pursuant to Article 8 hereof and restore the Tenant Responsible Premises to the same condition they were in upon completion of Tenant’s Default 's Work (except for reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and repair any damage to the Tenant Responsible Premises or otherwisethe Building caused by Tenant's removal of such alterations, improvements or additions; (b) remove from the Premises and the Building all of Tenant's trade fixtures and personal property; and (c) surrender possession of the Premises to Landlord. If Tenant shall fail or refuse to restore the Premises to the above described condition on or before the above- specified date, Landlord may upon notice to Tenant enter into and deliver to Landlord upon the Premises and put the Premises in broom clean, good such condition, ordinary wear and tear excepted, and if recover from Tenant Landlord's cost of so doing. If Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of fail or refuse to comply with Tenant's duty to remove all trade fixtures and personal property from the Premises and shall be subject the Building on or before the above-specified date, the parties hereto agree and stipulate that Landlord may, as its election: (1) treat such failure or refusal as an offer by Tenant to all the conditions and provisions contained herein and transfer title to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, such trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used Landlord, in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant which event title hereto shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with thereupon pass under this Lease as a xxxx of salesale to and vest in Landlord absolutely without any cost either by set-off, without further payment credit allowance or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Leaseotherwise, and Landlord may exercise remove, sell, retain, ______________________ *** Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. donate, destroy, store, discard, or otherwise dispose of all or any part of said personal property in any manner that Landlord shall choose; or (2) treat such failure or refusal as conclusive evidence, on which Landlord and any third party shall be entitled absolutely to rely and act, that Tenant has forever abandoned such trade fixtures and personal property, and without accepting title thereto, Landlord may at Tenant's expense enter into and upon the Premises and remove, sell, retain, donate, destroy, store, discard or otherwise dispose of all remedies at law or any part thereof in equity any manner that Landlord shall choose without incurring liability to recover Tenant or to any other person. In no event shall Landlord ever become or accept or be charged with the duties of a bailee (either voluntary or involuntary) of any personal property or trade fixtures; and the failure of Tenant to remove all personal property and trade fixtures from the Premises and the Building shall forever bar Tenant from bringing any action or from asserting any liability against Landlord with respect to any such property which Tenant fails to remove. If Tenant shall fail or refuse to surrender possession of the Premises to Landlord on or before the above-specified date, Landlord may forthwith re-enter the Premises and repossess itself thereof as of its former state and remove all persons and effects therefrom, using such force as may seek damages in the event be necessary, without being guilty of such a hold over tenancyany manner of trespass or forcible entry or detainer.

Appears in 1 contract

Samples: Office Lease (21st Century Telecom Group Inc)

Surrender of Possession. Tenant shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Tenant’s 's Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as 'Trade Fixtures". Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses expiration of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancy.

Appears in 1 contract

Samples: Commercial Lease Agreement (CURO Group Holdings Corp.)

Surrender of Possession. Tenant shall on On or before the last day of date this Lease and the Term hereby created terminate, or upon any sooner termination thereofon or before the date Tenant's right of possession terminates, whether by lapse of time or at the option of Landlord, Tenant will: (a) remove those alterations, improvements and additions installed by reason Tenant which Tenant is required to remove pursuant to Article 8 hereof and restore the Tenant Responsible Premises to the same condition they were in upon completion of Tenant’s Default 's Work (except for reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and repair any damage to the Tenant Responsible Premises or otherwisethe Building caused by Tenant's removal of such alterations, improvements or additions; (b) remove from the Premises and the Building all of Tenant's trade fixtures and personal property; and (c) surrender possession of the Premises to Landlord. If Tenant shall fail or refuse to restore the Premises to the above described condition on or before the above-specified date, Landlord may upon notice to Tenant enter into and deliver to Landlord upon the Premises and put the Premises in broom clean, good such condition, ordinary wear and tear excepted, and if recover from Tenant Landlord's cost of so doing. If Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of fail or refuse to comply with Tenant's duty to remove all trade fixtures and personal property from the Premises and shall be subject the Building on or before the above-specified date, the parties hereto agree and stipulate that Landlord may, as its election: (1) treat such failure or refusal as an offer by Tenant to all the conditions and provisions contained herein and transfer title to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, such trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used Landlord, in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant which event title hereto shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with thereupon pass under this Lease as a xxxx of salesale to and vest in Landlord absolutely without any cost either by set-off, without further payment credit allowance or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Leaseotherwise, and Landlord may exercise remove, sell, retain, _____________________ *** Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. donate, destroy, store, discard, or otherwise dispose of all or any part of said personal property in any manner that Landlord shall choose; or (2) treat such failure or refusal as conclusive evidence, on which Landlord and any third party shall be entitled absolutely to rely and act, that Tenant has forever abandoned such trade fixtures and personal property, and without accepting title thereto, Landlord may at Tenant's expense enter into and upon the Premises and remove, sell, retain, donate, destroy, store, discard or otherwise dispose of all remedies at law or any part thereof in equity any manner that Landlord shall choose without incurring liability to recover Tenant or to any other person. In no event shall Landlord ever become or accept or be charged with the duties of a bailee (either voluntary or involuntary) of any personal property or trade fixtures; and the failure of Tenant to remove all personal property and trade fixtures from the Premises and the Building shall forever bar Tenant from bringing any action or from asserting any liability against Landlord with respect to any such property which Tenant fails to remove. If Tenant shall fail or refuse to surrender possession of the Premises to Landlord on or before the above-specified date, Landlord may forthwith re-enter the Premises and repossess itself thereof as of its former state and remove all persons and effects therefrom, using such force as may seek damages in the event be necessary, without being guilty of such a hold over tenancyany manner of trespass or forcible entry or detainer.

Appears in 1 contract

Samples: 21st Century Telecom Group Inc

Surrender of Possession. Tenant shall on Upon the last day expiration of the Term term of this Sublease or upon any sooner the termination thereofof Subtenant's right of possession (in whole or in part) other than in connection with the purchase of the Deacon Premises from Landlord pursuant to the Deacon Purchase Agreement, whether by lapse of time or by reason at the option of Tenant’s Default Sublandlord as herein provided or otherwiseupon termination of the Master Lease, Subtenant forthwith shall surrender the Deacon Premises to Sublandlord in the same repair and deliver to Landlord condition as existed in the Deacon Premises in broom clean, good conditionupon the Commencement Date, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of the term of this Lease by lapse Sublease or of timeSubtenant's right of possession or upon termination of the Master Lease, Tenant Subtenant shall remove (a) Subtenant's inventory, equipment, office furniture, trade fixtures fixtures, office equipment, and all other items of Subtenant's personal property belonging on the Deacon Premises and (b) all improvements which Landlord or Sublandlord has directed Subtenant to Tenant remove at the end of the term of this Sublease that are incident to the business of Tenant (as distinguished from personal property used were not installed by Sublandlord or Landlord or were not in the operation Deacon Premises as of the Premises); such furnituredate of this Sublease and all other items, trade fixtures and other personal property belonging if any, required to Tenant and incident be removed by Subtenant pursuant to SECTION 8 of the business Master Lease. Subtenant shall pay to Sublandlord upon demand the cost of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair repairing any injury or damage to the Deacon Premises from and to the Building caused by any such removal. If Tenant does not Subtenant shall fail or refuse to remove any such Trade Fixtures property from the Premises prior Deacon Premises, Subtenant shall be conclusively presumed to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse have abandoned the same, and Tenant title thereto shall, at Sublandlord's option, pass to Sublandlord without any cost either by set-off, credit, allowance, or otherwise, and Sublandlord at its option may accept the title to such property, or at Subtenant's expense may (i) remove the same or any part in any manner that Sublandlord shall pay the cost of such removal (including the repair of choose, repairing any injury or damage to the Deacon Premises or the Improvements resulting from caused by such removal), delivery and warehousing to Landlord on demand(ii) store, destroy, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant otherwise dispose of the Premises after the expenses of this Lease shall operate and be construed same without incurring liability to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and Subtenant or any other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancyperson.

Appears in 1 contract

Samples: Sublease Agreement (Voyager Petroleum, Inc.)

Surrender of Possession. Tenant shall on Subject to the last day terms of Section 16 relating to damage and destruction, and Section 21 relating to condemnation, upon expiration or termination of the Term or upon any sooner termination thereofof this Lease, whether by lapse of time or by reason of Tenant’s Default or otherwise, surrender and deliver to Landlord the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of timeotherwise (including any holdover period), Tenant shall at its expense shall: (1) remove furniture, trade fixtures and other Tenant's personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to A) was installed by Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does (B) is not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage attached to the Premises or the Improvements resulting from such removal)removal of which will not damage the Premises, delivery including, but not limited to: wires, data and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of salevoice cabling and appurtenant installations related thereto including, without further payment or credit limitation plenums and/or risers (the "Wires"'); furniture; equipment; inventory, and all other personal property located on the Premises (collectively, 'Tenant's Personal Property"); (2) repair and restore the Premises to a condition as good as received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted; and (3) promptly and peacefully surrender the Premises (including surrender of all Tenant Improvements and/or other alterations, additions or improvements installed in the Premises, except Tenant's Personal Property that does not become part of the Building). Any holding over by Tenant of Tenant's Personal Property left on the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) expiration or termination of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section Term shall be construed deemed to give have been abandoned and the property of Landlord to dispose of as Landlord deems expedient, and Tenant shall be liable for all costs associated with the right disposal of such Tenant's Personal Property. Notwithstanding the forgoing: (1) Landlord shall have the right, within thirty (30) days prior to hold over after the expiration or termination of the Term of this Lease, and Landlord may exercise to notify Tenant that it intends to reuse all or any and all remedies at law or in equity to recover possession portion of the Premises Wires, and may seek damages in such event such Wires shall remain in the event Premises upon surrender; and (2) if the Premises have been improved with Non­standard Items (and Tenant has been notified that of such a hold over tenancyNon-Standard Items, as set forth below), Tenant shall reimburse Landlord for its actual and reasonable costs to replace all such Non-Standard Items with Building Standard Items, as defined in Section 14 of this Lease, within thirty (30) days of receipt of an invoice therefor.

Appears in 1 contract

Samples: Lease Agreement (Wolf Resources, Inc.)

Surrender of Possession. Tenant Lessee shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of TenantLessee’s Default or otherwise, surrender and deliver to Landlord Lessor the Premises and all Improvements in broom clean, wholesome, good conditionand safe order and condition and in good repair, ordinary wear and tear excepted, and and-if Tenant Lessee shall thereafter remain in possession thereof, thereof it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall Lessee may remove furniture, trade fixtures and other personal property belonging to Tenant Lessee that are incident to the business of Tenant Lessee (as distinguished from personal property used in the operation of the Premises!remises); such furniture, trade fixtures and other personal property belonging to Tenant Lessee and incident to the business of Tenant Lessee are hereinafter referred to as “Trade Fixtures”. Tenant Lessee shall repair any injury or damage to the Premises or the Improvements that may result from such removal. If Tenant Lessee does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord Lessor may, at its option, remove the same and deliver the same to any other place of business of Tenant Lessee or warehouse the same, and Tenant Lessee shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord Lessor on demand, or Landlord Lessor may treat such Trade Fixtures as having been conveyed to Landlord Lessor with this Lease as a xxxx of sale, without further payment or credit by Landlord Lessor or TenantLessee. Any holding over by Tenant Lessee of the Premises after the expenses expiration of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty fifty percent (130150%) of the monthly installments of fixed rentFixed Rent, plus additional rent Additional Rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant Lessee the right to hold over after the expiration of this Lease, and Landlord Lessor may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancy.

Appears in 1 contract

Samples: Triple Net Lease With Purchase Option (Empowered Products, Inc.)

Surrender of Possession. Tenant shall on surrender possession of the last day Premises immediately upon the expiration of the Term or termination of the Lease. If Tenant shall continue to occupy or possess the Premises after such expiration or termination without the consent of the Landlord, then unless Landlord and Tenant have otherwise agreed in writing, Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of the Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Term, and except that the Rental shall be immediately adjusted upward upon any sooner the expiration or termination thereof, whether by lapse of time or by reason the Lease to equal CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION of Tenant’s Default or otherwise, surrender and deliver to Landlord the Rental for the Premises in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of effect under this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to during the business of Tenant (as distinguished from personal property used in month which includes the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises day immediately prior to the end date of the Term, however ended, Landlord may, at its option, remove expiration or termination of the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord Lease. This month-to-month tenancy may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit be terminated by Landlord or Tenant upon thirty (30) days' prior notice to the non-terminating party. In the event that Tenant fails to surrender the Premises upon such termination or expiration, then Tenant shall indemnify and hold Landlord harmless against all loss or liability resulting from or arising out of Tenant. Any holding over by Tenant of 's failure to surrender the Premises, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after the expenses of this Lease shall operate said termination or expiration and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent any related reasonable attorneys' fees and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Lease, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancybrokerage commissions.

Appears in 1 contract

Samples: Lease Agreement (Brilliant Digital Entertainment Inc)

Surrender of Possession. Tenant shall on On the last day of the Term term of this Lease, or upon any on the sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, Tenant shall peaceably surrender and deliver to Landlord the Premises in broom cleangood condition and repair consistent with Tenant's duty to make repairs as herein provided, good condition, ordinary reasonable wear and tear exceptedand casualty loss excluded. On or before the last day of the term of this Lease, and if Tenant shall thereafter remain in possession or the date of sooner termination thereof, it Tenant shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises which Tenant is required to remove pursuant to the terms of this Lease. All property not removed within ten (10) days following receipt of notice from Landlord shall be deemed guilty abandoned. Tenant hereby appoints Landlord its agent to remove all abandoned property of forcible detainer of Tenant from the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the upon termination of this Lease by lapse of timeand to cause its transportation and storage for Tenant's benefit, Tenant shall remove furniture, trade fixtures all at the sole cost and other personal property belonging to Tenant that are incident to the business risk of Tenant (as distinguished from personal property used and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”any manner in respect thereto. Tenant shall repair pay all reasonable costs and expenses of such removal, transportation and storage. Tenant shall reimburse Landlord upon demand for any injury reasonable expenses incurred by Landlord with respect to removal, transportation, or damage storage of abandoned property and with respect to restoring said Premises to good order, condition and repair. All alterations, additions and fixtures, other than those which Tenant may, or is required to, remove pursuant to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration terms of this Lease, shall remain the property of Landlord and Landlord may exercise any and all remedies at law or in equity to recover possession of shall be surrendered with the Premises as a part thereof. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and may seek shall inform Landlord of combinations on any vaults, locks and safes left on the Premises. Notwithstanding any provision to the contrary contained herein, in no event shall Tenant be liable for, or otherwise be obligated to pay, lost actual or potential profits or any other damages in the event of such a hold over tenancyconsequential, speculative, special, punitive or similar nature.

Appears in 1 contract

Samples: Deed of Lease (Coherent Communications Systems Corp)

Surrender of Possession. Tenant shall on On or before the last day of date this Lease and the Term hereby created terminate, on or upon any sooner termination thereofbefore the date Tenant's right of possession terminates, whether by lapse of time or at the option of Landlord, Tenant will: (a) restore the Premises to the same condition they were in at the beginning of the Term (except for reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and remove those alterations, improvements and additions installed by reason or for the benefit of Tenant (including tenant improvements acquired by Tenant from former tenants or existing in the Premises as of the date such space is leased to, or occupied by, Tenant) which Landlord shall request Tenant to remove; (b) remove from the Premises and the Building all of Tenant’s Default 's personal property; and (c) surrender possession of the Premises to Landlord. If Tenant shall fail or otherwiserefuse to restore the Premises to the above-described condition on or before the above-specified date, surrender Landlord may enter into and deliver to Landlord upon the Premises and put the Premises in broom clean, good such condition, ordinary wear and tear exceptedrecover from Tenant Landlord's cost of so doing. Without limiting the generality of the foregoing, Tenant agrees to pay Landlord, upon demand, the cost of restoring the walls, ceiling and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer floors of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business same condition that existed prior to the date of the commencement of any alterations, improvements, or additions made by or for Tenant's occupancy (or a prior tenant's occupancy if such alterations, improvements or additions were acquired by Tenant (as distinguished from personal property used in the operation a former tenant) of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not shall fail or refuse to comply with Tenant's duty to remove such Trade Fixtures all personal property from the Premises prior to and the end of Building on or before the Termabove-specified date, however ended, the parties hereto agree and stipulate that Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal election: (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may 1) treat such Trade Fixtures failure or refusal as having been conveyed an offer by Tenant to Landlord with transfer tide to such personal property to Landlord, in which event title thereto shall thereupon pass under this Lease as a xxxx of salebill xx sale to and vest in Landlord absolutely without any cost either by set-off, without further payment credit allowance or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Tenant the right to hold over after the expiration of this Leaseotherwise, and Landlord may exercise remove, sell, retain, donate, destroy, store, discard, or otherwise dispose of all or any part of said personal property in any matter that Landlord shall choose; or (2) treat such failure or refusal as conclusive evidence, on which Landlord and any third party shall be entitled absolutely to rely and act, that Tenant has forever abandoned such personal property, and without accepting title thereto, Landlord may at Tenant's expense enter into and upon the Premises and remove, sell, retain, donate, destroy, store, discard or otherwise dispose of all remedies at law or any part thereof in equity any manner that Landlord shall choose without incurring liability to recover Tenant or to any other person. In no event shall Landlord ever become or accept or be charged with the duties of a bailee (either voluntary or involuntary) of any personal property; and the failure of Tenant to remove all personal property from the Premises and the Building shall forever bar Tenant from bringing any action or from asserting any liability against Landlord with respect to any such property which Tenant fails to remove. If Tenant shall fail or refuse to surrender possession of the premises to Landlord on or before the above-specified date, Landlord may forthwith re-enter the Premises and repossess itself thereof as of its former state and remove all persons and effects therefrom, using such force as may seek damages in the event be necessary, without being guilty of such a hold over tenancyany manner of trespass or forcible entry or detainer.

Appears in 1 contract

Samples: Winston Furniture Co of Alabama Inc

Surrender of Possession. Tenant shall on Upon the last day expiration of the Term term or any extension thereof, or upon any sooner the termination thereof, of Lessee's right of possession whether by lapse of time or at the option of Lessor as herein provided, Lessee shall forthwith surrender the Premises to Lessor in good order, repair and condition, ordinary wear and tear excepted. Any interest of Lessee in the alterations, improvements and additions to the Premises (including without limitation all carpeting and floor covering) made or paid for by reason Lessor or Lessee shall become Lessor's property at the termination of Tenant’s Default this Lease by lapse of time or otherwise, surrender and deliver such alterations, improvements and additions shall be relinquished to Landlord the Premises Lessor in broom clean, good condition, ordinary wear and tear excepted, and if Tenant shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon At the termination of this Lease by lapse the term or of timeLessee's right of possession, Tenant shall Lessee agrees to remove the following items of Lessee's property: office furniture, trade fixtures fixtures, office equipment and other personal items of Lessee's property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of on the Premises); such furniture, trade fixtures and other personal property belonging . Lessee shall pay to Tenant and incident to Lessor upon demand the business cost of Tenant are hereinafter referred to as “Trade Fixtures”. Tenant shall repair repairing any injury or damage to the Premises from and to the Building caused by any such removal. If Tenant does not Lessee shall fail or refuse to remove any such Trade Fixtures property from the Premises prior Premises, Lessee shall be conclusively presumed to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse have abandoned the same, and Tenant title thereto shall pay thereupon pass to Lessor without any cost (by set-off, credit, allowance or otherwise), and Lessor may at its option accept the cost of title to such removal property or at Lessee's expense may (including a) remove the repair of same or any injury or part in any manner that Lessor may choose, repairing any damage to the Premises or the Improvements resulting from caused by such removal), delivery and warehousing to Landlord on demand(b) store, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant at Lessee's expense of the Premises same without incurring liability to Lessee or any other person. As it relates to rooftop or ground mounted transceiving equipment, Lessee shall remove said equipment within forty-five (45) days after Lessee's receipt of written notice from Lessor, and weather conditions permitting. If Lessee fails to remove said equipment, Lessor shall remove said equipment and restore the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) affected area as provided herein. Upon the expiration of the monthly installments then current term of fixed rentthe Lease, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section Lessor shall be construed to give Tenant have the right to hold over after remove any of Lessee's equipment remaining in the expiration of this LeaseLeased Premises only if Lessor (a) utilizes specially trained personnel to do so, and Landlord may exercise any and all remedies (b) gives concurrent notice to Lessee. Any cost incurred by Lessor to remove Lessee's equipment shall be at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancyLessee's expense.

Appears in 1 contract

Samples: Asset Purchase Agreement (Susquehanna Media Co)

Surrender of Possession. Tenant shall on On the last day of the Term Term, or upon any on the sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, Tenant will peaceably surrender and deliver to Landlord the Premises in broom cleangood condition and repair consistent with Tenant's duty to make repairs as herein provided. Subject to this Section 13.1, on or before the last day of the Term, or the date of sooner termination thereof, Tenant will, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed will be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all abandoned property of Tenant from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and risk of Tenant and Landlord will not be liable for damage, theft, misappropriation or loss thereof and Landlord will not be liable in any manner in respect thereto. Tenant will pay all costs and expenses of such removal, transportation and storage. Tenant will leave the Premises in good conditionorder, ordinary condition and repair, reasonable wear and tear and damage from fire and other casualty not caused by Tenant excepted. Tenant will reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal, transportation, or storage of abandoned property and if with respect to restoring such Premises to good order, condition and repair. All alterations, additions and fixtures, other than Tenant's trade fixtures and equipment which have been made or installed by either Landlord or Tenant shall thereafter upon the Premises, will remain in possession the property of Landlord and will be, surrendered with the Premises as a part thereof. If the Premises are not surrendered at the end of the Term or sooner termination thereof, it shall be deemed guilty Tenant will indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. Tenant will promptly surrender all keys for the Premises to Landlord at the place then fixed for the payment of forcible detainer rent and will inform Landlord of combinations on any vaults, locks and safes left on the Premises. Within ten (10) days after the Final Leasehold Improvement Plans have been approved by Tenant, Landlord will notify Tenant of which portions of the Premises and shall Leasehold Improvements, if any, must be subject removed upon the termination of this Lease. With respect to all the conditions and provisions contained herein and to ejection and removalany Work hereunder, forcibly and otherwiseLandlord will notify Tenant of which portions thereof, with or without process of law. Upon if any, must be removed upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures and other personal property belonging to Tenant that are incident to the business of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”manner provided in Section 8.1 hereof. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained Anything in this Section shall 13.1 or elsewhere in this Lease to the contrary notwithstanding, Tenant will be construed required to give Tenant remove only those portions of the right to hold over after Leasehold Improvements and the expiration Work of this Leasewhich Landlord has so notified Tenant, and Landlord may exercise any and all remedies at law or in equity under no circumstances will Tenant be required to recover possession of remove carpeting from the Premises and may seek damages in the event of such a hold over tenancyPremises.

Appears in 1 contract

Samples: Vitria Technology Inc

Surrender of Possession. Tenant shall on On the last day of the Term Term, or upon any on the sooner termination thereof, whether by lapse of time or by reason of Tenant’s Default or otherwise, Tenant will peaceably surrender and deliver to Landlord the Premises in broom cleangood order, good conditioncondition and repair, ordinary reasonable wear and tear exceptedtear, damage from fire and other casualty, and if Tenant shall thereafter remain condemnation and other conditions for which Landlord is expressly responsible hereunder excepted and otherwise in possession the condition and repair consistent with Tenant’s duty to make repairs as herein provided. Subject to this Section 13.1, on or before the last day of the Term, or the date of sooner termination thereof, it shall Tenant will, at its sole cost and expense, remove all of its personal property and trade fixtures and equipment from the Premises, and all such personal property, trade fixtures and equipment not removed will be deemed guilty abandoned. Tenant hereby appoints Landlord its agent to remove all such abandoned property of forcible detainer of Tenant from the Premises and shall be subject to all the conditions and provisions contained herein upon termination of this Lease and to ejection cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant and Landlord will not be liable for damage, theft, misappropriation or loss thereof and Landlord will not be liable in any manner in respect thereto. Tenant will pay all costs and expenses of such removal, forcibly transportation and otherwisestorage. Tenant will reimburse Landlord upon demand for any expenses incurred by Landlord with respect to removal, transportation, or storage of abandoned property and with respect to restoring such Premises to the condition required by this Section 13.1. Subject to Section 8.1, (i) all alterations, additions and fixtures, other than Tenant’s trade fixtures and equipment which have been made or installed by either Landlord or Tenant upon the Premises, will remain the property of Landlord and will be surrendered with the Premises as a part thereof, and (ii) Tenant will have no obligation to remove any such alterations, additions or fixtures. If the Premises are not surrendered on the Expiration Date or upon the earlier termination of this Lease, Tenant will indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without process limitation, claims made by any succeeding tenants founded on such delay and any reasonable attorneys’ fees resulting therefrom. Tenant will promptly surrender all keys for the Premises to Landlord at the place then fixed for the payment of lawrent and will inform Landlord of combinations on any vaults, locks and safes left on the Premises. Upon With respect to any Work hereunder, Landlord will notify Tenant of which portions thereof, if any, must be removed upon the termination of this Lease by lapse of time, Tenant shall remove furniture, trade fixtures in the manner provided in and other personal property belonging to Tenant that are incident subject to the business provisions of Tenant (as distinguished from personal property used in the operation of the Premises); such furniture, trade fixtures and other personal property belonging to Tenant and incident to the business of Tenant are hereinafter referred to as “Trade Fixtures”Section 8.1 hereof. Tenant shall repair any injury or damage to the Premises from such removal. If Tenant does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Landlord may, at its option, remove the same and deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a xxxx of sale, without further payment or credit by Landlord or Tenant. Any holding over by Tenant of the Premises after the expenses of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred thirty percent (130%) of the monthly installments of fixed rent, plus additional rent and other sums otherwise payable hereunder for the Term. Nothing contained Anything in this Section shall 13.1 or elsewhere in this Lease to the contrary notwithstanding, Tenant will be construed required to give Tenant remove only those portions of the right to hold over after the expiration Work of this Leasewhich Landlord has so notified Tenant, and Landlord may exercise any and all remedies at law or in equity under no circumstances will Tenant be required to recover possession of remove carpeting from the Premises and may seek damages in the event of such a hold over tenancyPremises.

Appears in 1 contract

Samples: Office Lease (Depomed Inc)

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