Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. Upon the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 4 contracts

Samples: Master Lease Agreement (Nu Skin Enterprises Inc), Master Lease Agreement (Nu Skin Enterprises Inc), Master Lease Agreement (Nu Skin Enterprises Inc)

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Surrender of Premises. Upon the expiration or termination of the term this Lease, whether by lapse of this Lease for whatever cause for any Premisestime or otherwise, or upon the exercise by Landlord of its right the power to re-enter any and repossess the Premises without terminating this Lease, as hereinbefore provided, Tenant shall immediately, quietly and peaceably at once surrender possession of the Premises to Landlord possession in a condition and order of repair substantially similar to its original condition and order of repair upon the commencement of the lease term, reasonable wear and tear and damage by events of casualty described in Section 1, excepted, and shall at once remove all of Tenant's personal property and trade fixtures from the Premises. Upon any such termination, Tenant shall, as directed by Landlord, either remodel any addition to the Premises constructed by Tenant under Section 9, above, so as to facilitate use of such addition for office operations or remove such addition from the Premises. Any such remodeling or removal of any addition to the Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to shall be made by Landlord under this LeaseTenant at its sole cost and expense. If If, upon any such termination, Tenant is in default under this Leasedoes not at once surrender possession of the Premises and remove such of its property as allowed by Landlord, Landlord shall have a lien on may forthwith re-enter and repossess the same and remove all of Tenant’s personal 's property without being guilty of trespass or of forceful entry or detainer or without incurring any liability to Tenant for loss or damage to Tenant's property. Upon any such removal of Tenant's property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause it shall conclusively be deemed considered to have been abandoned and may either be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of at public or private sale as Landlord sees fit. If any such property is either sold at public or private sale or retained by Landlord, the proceeds of any such sale or the then current fair market value of the property, as the case may be, shall be applied by Landlord without notice toagainst Landlord's expenses of removal, storage or sale of such property, the arrears of rent and other charges or future rent and other charges payable hereunder, and without any obligation to account to, Tenant or any other persondamages to which Landlord may be entitled hereunder. Tenant shall pay repair, at its sole cost and expense, any damage to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord Premises resulting from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord removal of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises property as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionallowed hereunder.

Appears in 4 contracts

Samples: Lease Agreement, Commercial Lease Agreement, Lease Agreement

Surrender of Premises. 18.1 Upon the expiration or termination of the term of this Lease for whatever cause for any or termination of Tenant's right of possession of the Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly surrender and peaceably surrender vacate the Premises immediately and deliver possession thereof to Landlord possession of such Premises “broom in a clean, good and in good ordertenantable condition, condition and repair, except only for ordinary wear and teartear excepted, damage and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent. Upon any termination which occurs other than by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on reason of Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12's default, Tenant mayshall be entitled to remove from the Premises all unattached and movable Trade Fixtures, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property Alterations owned by Tenant. All , and personal property, trade fixtures and other property of Tenant not removed ("Tenant Property") without credit or compensation from any Landlord for the costs of removal, provided Tenant immediately shall repair all damage resulting from such removal and shall restore the Premises on to its pre-existing condition prior to removal. In the abandonment of such Premises or on the expiration event possession of the term Premises is not immediately delivered to Landlord when due, or if Tenant, prior to such time, shall fail to remove any Tenant Property, Landlord may remove same without any liability to Tenant. Any such Tenant Property which may be removed prior to the date of this Lease or sooner termination of this Lease with respect to any the right of possession of the Premises for any cause shall by Tenant and which are not so removed, shall, at the option of Landlord, be conclusively be deemed presumed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by title to such property shall pass to Landlord without notice to, any payment or credit and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at its option and at Tenant’s 's expense, restore the Premises to store and/or dispose of such conditionproperty, or Landlord may have such fixtures and property removed and stored at Tenant's expense.

Appears in 3 contracts

Samples: Lease (Williams Communications Group Inc), Lease (Williams Communications Group Inc), Lease (Williams Communications Group Inc)

Surrender of Premises. Upon At the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediatelyimmediately vacate the Premises in as good condition as they were in on the Commencement Date, quietly and peaceably surrender to Landlord possession of or in such Premises “broom clean” and in good orderbetter condition as they may thereafter have been put, condition and repair, except only for ordinary wear and teartear and casualty losses to the extent covered by insurance excepted, damage by casualty (subject and, if Lessor so elects, Tenant shall remove Tenant’s signage and those Alterations to ARTICLE 15) and repairs to be the Premises made by Landlord under or on behalf of Tenant which Lessor has specified or identified in writing to Tenant at the time of Lessor’s approval of such Alteration as Alterations that must be removed by Tenant at its expense upon the expiration or termination of this Lease; otherwise such Alterations shall be delivered up to the Lessor with the Premises. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, All movable office furnishings and trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed installed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require be removed by Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on at the expiration of the term of this Lease or sooner termination of this Lease with respect if Tenant so elects, and shall be removed if required by Lessor. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to any damage the primary structure or structural qualities of the Premises. Personal property remaining in the Premises for any cause at the expiration or termination of this Lease shall conclusively be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed retained or otherwise disposed of by Landlord Lessor in any manner Lessor shall deem fit in its discretion, without notice toprejudice to Lessor’s rights against Tenant for failure to remove such property, and without Lessor shall not be required to pay or account to Tenant for the value or the proceeds derived from any obligation to account to, Tenant sale or any other persondisposition of such abandoned property. Tenant shall pay reimburse Lessor for all costs of removal incurred by Lessor and Tenant shall indemnify, defend and hold Lessor harmless from any cost or liability due to Landlord all expenses incurred in connection with the disposition of such any property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionwhich a person other than Tenant has an interest.

Appears in 3 contracts

Samples: Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.)

Surrender of Premises. Upon At the expiration or termination of the term Term of this Lease for whatever cause for any PremisesLease, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Leaseearlier termination, Tenant shall immediatelysurrender the Premises, quietly including all Improvements and peaceably surrender to Landlord possession of such Premises “broom clean” additions thereto and alterations thereof in good order, condition and repairrepair (which for the Hotel shall be as determined by the maintenance standards and specifications promulgated by the Hotel Franchisor as defined in Section 8.1 hereof), except only free of any debt or other encumbrances not approved by Landlord, and shall surrender all keys to the Premises to Landlord at the place then fixed for ordinary wear the payment of Rent and tearshall inform Landlord of all combinations on lock, safes and vaults, if any. Tenant at such time shall remove all of its Trade Fixtures and Personal Property therefrom and shall repair any damage to the Premises caused by casualty (subject such removal. Any such Trade Fixtures and Personal Property not so removed shall, at Landlord’s option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant’s cost and expense, without further notice to ARTICLE 15) or demand upon Tenant. If the Premises shall not be surrendered as above set forth, Tenant shall indemnify, defend and repairs to be hold harmless Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation any claim made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien any succeeding occupant founded on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenantsuch delay. All personal property, trade fixtures and other property Property of Tenant not removed by the last day of the Term of this Lease shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove all such Trade Fixtures and Personal Property of Tenant from any the Premises on the abandonment of such Premises or on upon the expiration of the term Term of this Lease or sooner its earlier termination and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of this Lease with Tenant and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other personthereto. Tenant shall pay to Landlord all cost and expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such dispositionwith respect to removal or storage of abandoned Trade Fixtures and Personal Property and with respect to restoring said Premises to good order, condition and repair. While Tenant remains in possession Tenant’s obligations and covenants shall survive the expiration or other termination of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 3 contracts

Samples: Land and Improvements Lease, Land and Improvements Lease, Land and Improvements Lease

Surrender of Premises. Upon At the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord Tenant’s right of its right to re-enter any Premises without terminating this Leasepossession, Tenant shall immediately(a) remove Tenant’s Property from the Premises, quietly (b) remove all alterations and peaceably improvements to the Premises or Building made by or on behalf of Tenant which were not consented to by Landlord and which are requested by Landlord to be removed, (c) remove all alterations and improvements to the Premises or Building made by or on behalf of Tenant as requested by Landlord at the time that any plans for such work are approved by same, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the three preceding clauses, (d) remove the supplemental HVAC units on the roof and close all floor, ceiling, and roof openings made by or on behalf of Tenant, and (e) quit and surrender the Premises to Landlord possession of such Premises “Landlord, broom clean, and in good order, condition and repair, except only for ordinary wear and tear, tear and damage by fire or other casualty (subject which Landlord is obligated to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Termrepair hereunder excepted. If Tenant fails to surrender possession remove any of the Premises in the condition herein requiredTenant’s Property within two (2) days after termination of this Lease or Tenant’s right to possession, Landlord mayLandlord, at Tenant’s sole cost and expense, restore shall be entitled (but not obligated) to remove and store Tenant’s Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to such conditionbe abandoned and title to Tenant’s Property shall vest in Landlord.

Appears in 3 contracts

Samples: Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc)

Surrender of Premises. Upon Tenant shall have no obligation to remove any alterations, additions, improvements, or changes made to the Premises after the Commencement Date, unless specifically stated in Landlord’s consent, at the expiration or early termination of the Lease. Tenant shall have no right or obligation to remove any of the Exterior Improvement Work or any other alterations, additions, improvements, or changes made by or on behalf of Landlord at the Premises or the Project. Tenant shall surrender to Landlord the Premises and all alterations and additions thereto broom clean and in good order, repair and condition (except for ordinary wear and tear and subject to the rights and obligations of the parties upon damage and destruction as set forth in this Lease). Tenant shall remove all personal property and trade fixtures prior to the expiration of the Term, including any signs, notices and displays placed by Tenant. Tenant shall perform all reasonably necessary restoration, including, without limitation, restoration made reasonably necessary by the removal of Tenant's personal property or trade fixtures prior to the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal propertyno obligation to change the character of or possible uses for the Building. Landlord can elect to retain or dispose of, in any manner, any alterations, utility installations, trade fixtures and other or personal property as set forth in Section 38-3-1, et seq., that Tenant does not remove from the Premises on expiration or termination of the Utah Code XxxLease term as allowed or required by this Lease. (or any replacement provision), subject Title to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12such alterations, Tenant may, and Landlord may require Tenant to, remove any personal property, equipmentutility installations, trade fixtures and other or personal property owned by Tenantthat Landlord elects to retain or dispose of on expiration of the Lease term shall automatically vest in Landlord. All personal propertyTenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, utility installations, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other personpersonal property. Tenant shall pay be liable to Landlord all expenses incurred in connection with the disposition of such property in excess for Landlord's costs for storing, removing and disposing of any amount received by utility installations, trade fixtures or personal property and shall indemnify and hold Landlord harmless from such disposition. While Tenant remains in possession the claim of any Premises after third party to an interest in such expiration with Landlord’s prior written consentutility installations, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination trade fixtures or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionpersonal property.

Appears in 3 contracts

Samples: Industrial Lease (Appfolio Inc), Industrial Lease (Appfolio Inc), Industrial Lease (Appfolio Inc)

Surrender of Premises. Upon the expiration or termination of the term this Lease, whether by lapse of this Lease for whatever cause for any Premisestime or otherwise, or upon the exercise by Landlord of its right the power to re-enter any and repossess the Premises without terminating this Lease, as hereinbefore provided, Tenant shall immediately, quietly and peaceably at once surrender possession of the Premises to Landlord possession in a condition and order of repair substantially similar to its original condition and order of repair upon the commencement of the lease term, reasonable wear and tear and damage by events of casualty described in Section 1, excepted, and shall at once remove all of Xxxxxx's personal property and trade fixtures from the Premises. Upon any such termination, Tenant shall, as directed by Xxxxxxxx, either remodel any addition to the Premises constructed by Tenant under Section 9, above, so as to facilitate use of such addition for office operations or remove such addition from the Premises. Any such remodeling or removal of any addition to the Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to shall be made by Landlord under this LeaseTenant at its sole cost and expense. If Tenant is in default under this LeaseIf, upon any such termination, Xxxxxx does not at once surrender possession of the Premises and remove such of its property as allowed by Landlord, Landlord shall have a lien on may forthwith re-enter and repossess the same and remove all of Tenant’s personal 's property without being guilty of trespass or of forceful entry or detainer or without incurring any liability to Tenant for loss or damage to Tenant's property. Upon any such removal of Tenant's property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause it shall conclusively be deemed considered to have been abandoned and may either be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of at public or private sale as Landlord sees fit. If any such property is either sold at public or private sale or retained by Landlord, the proceeds of any such sale or the then current fair market value of the property, as the case may be, shall be applied by Landlord without notice toagainst Landlord's expenses of removal, storage or sale of such property, the arrears of rent and other charges or future rent and other charges payable hereunder, and without any obligation to account to, Tenant or any other persondamages to which Landlord may be entitled hereunder. Tenant shall pay repair, at its sole cost and expense, any damage to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord Premises resulting from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord removal of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises property as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionallowed hereunder.

Appears in 3 contracts

Samples: Commercial Lease Agreement, Lease Agreement, Connecticut Commercial Lease Agreement

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at the expiration or earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary repair (reasonable wear and tear, permitted Alterations, and damage by casualty (subject or condemnation excepted), and will surrender all keys to ARTICLE 15) the Premises to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and repairs vaults, if any, in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord required as a condition of its consent, all specified Alterations carried out by Tenant in the Premises. Tenant will promptly repair any damage to be made the Premises caused by Landlord under this Leasesuch removal. If Tenant is does not surrender the Premises in default under accordance with this Leasesection, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless Landlord shall have a lien on from and against any Claim resulting from Tenant’s personal propertydelay in so surrendering the Premises, trade fixtures and other property as set forth in Section 38-3-1including, et seq.without limitation, of the Utah Code Xxx. (or any replacement provision), subject to Claim made by any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenantsucceeding occupant founded on such delay. All personal property, trade fixtures and other property of Tenant not removed from any Premises on or before the abandonment of such Premises or on the expiration last day of the term Term is deemed abandoned. If Tenant fails to remove all of this Lease or sooner Tenant’s property from the Premises upon termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriatedLease, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, then Tenant shall be deemed to be occupying such Premises have appointed Landlord as a month-to-month tenant, subject Tenant’s agent to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord mayremove, at Tenant’s sole cost and expense, restore all of Tenant’s property from the Premises upon termination of this Lease and to such conditioncause 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 or in any manner in respect thereto.

Appears in 3 contracts

Samples: Lease Agreement (Datalink Corp), Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

Surrender of Premises. Upon the expiration or earlier termination of the term Term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly peaceably quit and peaceably surrender to Landlord possession of such the Premises “broom clean” in neat and clean condition and in good order, condition and repair, together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except as hereinafter provided), excepting only for ordinary wear and tear, use and damage by fire or other casualty (subject to ARTICLE 15) and repairs to be made by Landlord for which, under this Lease. If Tenant is in default under other provisions of this Lease, Landlord Tenant has no responsibility to repair or restore. Tenant shall have a lien on remove all of Tenant’s 's Removable Property and may, at its election, remove or leave in place (a) the fifty (50) workstations currently located in the Building (which workstations shall become Tenant's personal property, trade fixtures property one (1) year from the date hereof so long as Tenant is not then in default hereunder and other this Lease is then in full force and effect and which workstations shall become Landlord's personal property as set forth in Section 38-3-1, et seq., upon the expiration or earlier termination of the Utah Code Xxx. (or any replacement provisionTerm if Tenant chooses not to remove the same as aforesaid), subject to and; (b) all Alterations made by Tenant at Tenant's expense. Tenant shall repair any lien waiver or subordination previously executed by Landlord. In addition damages to the provisions Premises or the Building caused by any such removal. Any of ARTICLE 12(1) said workstations, Tenant may(2) Tenant's Removable Property, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on (3) such Alterations which shall remain in the abandonment of such Premises Building or on the Premises after the expiration or termination of the term Term of this Lease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or sooner termination may be disposed of this Lease in such manner as Landlord may see fit at Landlord's sole cost and expense, except with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant Tenant's Removable Property which shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s 's sole cost and expense, restore the Premises to such condition.

Appears in 2 contracts

Samples: Lease (Silverstream Software Inc), Silverstream Software Inc

Surrender of Premises. Upon the expiration of the Term or other termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediatelyshall, quietly at its own cost, (a) promptly and peaceably surrender the Premises to Landlord possession of such Premises “broom clean,and in good orderorder and condition, condition and repair, except only for ordinary wear and teartear excepted; (b) repair any damage to the Premises caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant; (c) repair, damage patch and pain in a good and workmanlike manner satisfactory to Landlord all holes and other marks in the floors, walls and ceilings of the Premises to Landlord’s reasonable satisfaction; and (d) deliver all keys to the Premises to Landlord. Before surrendering the Premises, Tenant shall, at its sole cost, remove its movable personal property only, and all other property shall, unless otherwise directed by casualty (subject to ARTICLE 15) Landlord, remain in the Premises and repairs to be made by become the property of Landlord without payment therefore; however, Tenant shall not remove any personal property, trade fixtures or other property fro the Premises without Landlord’s prior written consent if such personal property, trade fixtures or other property is used in the operation of the Premises, the removal of such personal property, trade fixtures or other property will impair the structure of the Building, or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxxproperty. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, to remove any personal property, equipmenttrade fixtures, trade fixtures other property, alterations, additions and other property owned improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed from any the Premises on upon the abandonment of such the Premises or on upon the expiration of the term of this Lease Term or sooner other termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, to Tenant or any other person and without any obligation to account to, Tenant or any other persontherefore. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from any such disposition. While Tenant remains in possession No surrender of any the Premises after such expiration with shall be effected by Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all acceptance of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) keys or of the Monthly Rent in effect immediately before such expiration, termination rent or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right other means whatsoever without Landlord’s prior written consent, acknowledgement of such acceptance as a surrender. Tenant shall not be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the released from Tenant’s obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent Lease in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to connection with surrender possession of the Premises in the condition herein required, until Landlord may, at Tenant’s expense, restore has inspected the Premises and delivered to such conditionTenant a written release.

Appears in 2 contracts

Samples: Lease Agreement (Herbst Gaming Inc), Lease Agreement (Herbst Gaming Inc)

Surrender of Premises. Upon the expiration or earlier termination of the term Term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly peaceably quit and peaceably surrender to Landlord possession of such the Premises “broom clean” in neat and clean condition and in good order, condition and repair, except together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease, excepting only for ordinary wear and tear, use and damage by fire or other casualty (subject to ARTICLE 15) and repairs to be made by Landlord for which, under this Lease. If Tenant is in default under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant shall remove all of Tenant's Removable Property and (i) to the extent specified by Landlord pursuant to Paragraph 5.2, all Improvements made by Tenant and (ii) with respect to improvements made by Tenant not requiring Landlord's consent; and Tenant shall repair any damages to the Premises or the Building caused by such removal. Notwithstanding anything in this Lease to the contrary, Tenant shall have a lien on no obligation to remove Building Standard Office Improvements from the Premises. Any of Tenant’s personal property, trade fixtures and other property as set forth 's Removable Property which shall remain in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises Building or on the Premises after the expiration or termination of the term Term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed conclusively to have been abandoned abandoned, and either may be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of by in such manner as Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord maymay see fit, at Tenant’s 's sole cost and expense, restore the Premises to such condition.

Appears in 2 contracts

Samples: Commencement Date Agreement (J Jill Group Inc), Lease Agreement (Dm Management Co /De/)

Surrender of Premises. Upon 20.01 At the expiration or termination of this Lease, Tenant shall surrender to Landlord the Premises and all alterations and additions thereto in good order, repair and condition (except for ordinary wear and tear). Tenant shall remove all personal property and trade fixtures prior to the expiration of the term, including any signs, notices and displays placed by Tenant. Tenant shall perform all necessary restoration, including, without limitation, restoration made necessary by the removal of Tenant's personal property and trade fixtures (or of any alterations required to be removed by Tenant pursuant to the provisions of Section 6.04 hereof) prior to the expiration or termination of this Lease. Landlord can elect to retain or dispose of, in any manner, any alterations, Tenant's personal property or trade fixtures that Tenant does not remove from the Premises on expiration or termination of the term of this Lease for whatever cause for any Premises, as allowed or upon the exercise required by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this LeaseTitle to any such alterations, Landlord shall have a lien on Tenant’s 's personal property, property or trade fixtures and other property as set forth in Section 38-3-1, et seq., that Landlord elects to retain or dispose of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises shall vest in Landlord. Tenant waives all claims against Landlord for any cause shall conclusively be deemed damage to have been abandoned and may be appropriatedTenant resulting from Landlord's retention or disposition of any such alterations, sold, stored, destroyed Tenant's personal property or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other persontrade fixtures. Tenant shall pay be liable to Landlord all expenses incurred in connection with the disposition of such property in excess for Landlord's costs for storing, removing and disposing of any amount received by alterations, Tenant's personal property or trade fixtures and shall indemnify and hold Landlord harmless from such disposition. While Tenant remains in possession the claim of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed third party to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent an interest in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionsaid personal property.

Appears in 2 contracts

Samples: Office Lease (Anchor Pacific Underwriters Inc), Office Lease (Anchor Pacific Underwriters Inc)

Surrender of Premises. (a) Upon the expiration or termination of the term of this Lease for whatever cause for any Premises, by lapse of time or otherwise or upon the exercise by Landlord earlier termination of its Tenant’s right to re-enter any Premises without terminating this Leaseof possession, Tenant shall immediately, quietly quit and peaceably surrender to Landlord possession of such the Leased Premises to Landlord, broom clean” and , in good orderthe same condition as upon delivery of possession to Tenant hereunder, condition and repair, except only for ordinary normal wear and teartear excepted. Before surrendering possession of the Leased Premises, Tenant shall, without expense to Landlord, remove all signs, furnishings, equipment (including all communication and other cables), trade fixtures, merchandise and other personal property installed or placed in the Leased Premises and all debris and rubbish, and Tenant shall repair all damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If the Leased Premises resulting from such removal; provided if Tenant is then in default under this Lease, Landlord Tenant shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, not remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of such item unless Tenant not removed receives written directions from any Premises on Landlord authorizing or directing the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Termremoval thereof. If Tenant fails to surrender possession remove any of the Premises signs, furnishings, equipment, trade fixtures, merchandise and other personal property installed or placed in the condition herein requiredLeased Premises by the expiration or termination of this Lease, then Landlord may, at Tenant’s expenseits sole option, restore (i) treat Tenant as a holdover, in which event the provisions of this Lease regarding holding over shall apply, (ii) deem any or all of such items abandoned and the sole property of Landlord, or (iii) remove any and all such items and dispose of same in any manner. Tenant shall pay Landlord on demand any and all expenses incurred by Landlord in the removal of such items, including, without limitation, the cost of repairing any damage to the Leased Premises or the Building caused by such removal and storage charges (if Landlord elects to store such conditionproperty).

Appears in 2 contracts

Samples: Office Lease Agreement (Cumberland Pharmaceuticals Inc), Office Lease Agreement (Cumberland Pharmaceuticals Inc)

Surrender of Premises. Upon the expiration or sooner termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly surrender all keys for the Premises and peaceably surrender exclusive possession of the Premises to Landlord possession of such Premises “broom clean” clean and in good order, condition and repair, except only for ordinary reasonable wear and teartear excepted (and casualty damage excepted), damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on with all of Tenant’s personal property, trade fixtures electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (to be removed in accordance with the National Electric Code and other property as set forth in Section 38-3-1applicable Laws) and those items, et seq.if any, of the Utah Code XxxAlterations identified by Landlord pursuant to Section 13.2, removed therefrom and all damage caused by such removal repaired. (or any replacement provision), subject If Tenant fails to any lien waiver or subordination previously executed remove by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned all of its personal property and may be appropriated, sold, stored, destroyed or otherwise disposed of Alterations identified by Landlord for removal pursuant to Section 13.2, Landlord may, (without notice toliability to Tenant for loss thereof), at Tenant’s sole cost and without any obligation in addition to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant other rights and remedies under this Lease, except that at law or in equity: (a) remove and store such items in accordance with applicable Law; and/or (b) upon ten (10) days’ prior notice to Tenant, sell all or any such items at private or public sale for such price as Landlord may obtain as permitted under applicable Law. Landlord shall apply the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession proceeds of any Premises after such expiration, termination or exercise by sale to any amounts due to Landlord of its re-entry right without under this Lease from Tenant (including Landlord’s prior written consentattorneys’ fees and other costs incurred in the removal, Tenant shall be deemed storage and/or sale of such items), with any remainder to be occupying such Premises as a tenant-at-sufferance, subject paid to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 2 contracts

Samples: Lease (Corium International, Inc.), Work Letter Agreement (Gigamon LLC)

Surrender of Premises. Upon the expiration or earlier termination of the term Term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly peaceably quit and peaceably surrender to Landlord possession of such the Premises “broom clean” in neat and clean condition and in good order, condition and repair, except together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease, excepting only for ordinary wear and tear, use and damage by fire or other casualty (subject to ARTICLE 15) and repairs to be made by Landlord for which, under this Lease. If Tenant is in default under other provisions of this Lease, Landlord Tenant has no responsibility of repair or restoration. Tenant shall have a lien on remove all of Tenant’s personal propertyRemovable Property and, trade fixtures and other property as set forth in Section 38-3-1, et seq., of to the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed extent specified by Landlord. In addition , all alterations and additions made by Tenant and all partitions wholly within the Premises unless installed initially by Landlord in preparing the Premises for Tenant’s occupancy; and shall repair any damages to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned Premises or the Building caused by such removal. Any Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on ’s Removable Property which shall remain in the abandonment of such Premises Building or on the Premises after the expiration or termination of the term Term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed conclusively to have been abandoned abandoned, and either may be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of by in such manner as Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord maymay see fit, at Tenant’s sole cost and expense, restore the Premises to such condition.

Appears in 2 contracts

Samples: Assignment and Assumption, Assignment and Assumption (Rhythm Holding Company, LLC)

Surrender of Premises. Upon the expiration or termination of the term of this Lease Term for whatever cause for any Premisescause, or upon the exercise by Landlord of its right to re-enter any the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such the Premises in "broom clean" and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) not covered by Section 15.02 and repairs to be made by Landlord under this Leasepursuant to Section 15.01. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, to remove any personal property, equipmenttrade fixtures, trade fixtures other property, alterations, additions and other property owned improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed from any the Premises on the abandonment of such the Premises or on the expiration of the term of this Lease Term or sooner termination of this Lease with respect to any Premises for any cause shall shall, at Landlord’s option, conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall not be deemed to be occupying such Premises as a month-to-month tenant, subject to all released from Tenant's obligations under this Lease in connection with surrender of the obligations of Premises until Landlord has inspected the Premises and delivered to Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior a written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Termrelease. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s 's expense, restore the Premises to such condition.

Appears in 2 contracts

Samples: Lease Agreement (Qualtrics International Inc.), Lease Agreement (Qualtrics International Inc.)

Surrender of Premises. Upon the expiration or termination of the term of this Lease for whatever cause for any or termination of Tenant’s right of possession of the Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly surrender and peaceably surrender vacate the Premises immediately and deliver possession thereof to Landlord possession of such Premises “in broom clean” clean condition and in reasonably good ordercondition considering the age of the improvements in the Premises, condition and repair, except only for ordinary wear and tear, tear and damage by casualty (subject to ARTICLE 15) and repairs to be made excepted. Upon any termination which occurs other than by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on reason of Tenant’s personal propertydefault, Tenant shall remove from the Premises all unattached and movable trade fixtures and other personal property as set forth in Section 38-3-1of Tenant that were paid for by Tenant without credit or compensation from Landlord, et seq., provided Tenant immediately shall repair all damage resulting from such removal. In the event possession of the Utah Code Xxx. (Premises is not immediately delivered to Landlord or if Tenant shall fail to remove any replacement provision)unattached and movable trade fixtures or personal property which Tenant is obligated to remove, subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove same without any personal property, equipment, liability to Tenant. Any movable trade fixtures and other personal property owned by Tenant. All personal property, trade fixtures and other property of Tenant not which may be removed from any the Premises on by Tenant but which are not so removed upon the abandonment of such Premises or on the expiration vacancy of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall be conclusively be deemed presumed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by title to such property shall pass to Landlord without notice toany payment or credit, and without any obligation to account toLandlord may, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition at its option and at Tenant’s expense, store and/or dispose of such property in excess of any amount received by Landlord from such dispositionproperty. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of Without limiting the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein requiredforegoing, Landlord maymay require that Tenant, at Tenant’s expense, restore upon expiration of the Term or earlier termination of the Lease, remove all cabling installed in the Premises by or at the request of Tenant. If Tenant fails to promptly remove such conditioncabling, Landlord may remove it, and Tenant shall reimburse Landlord for the cost of such work on demand, such obligation to survive expiration or termination of this Lease.

Appears in 2 contracts

Samples: Deed of Lease (Xenith Bankshares, Inc.), Deed of Lease (Xenith Bankshares, Inc.)

Surrender of Premises. Upon On the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this LeaseExpiration Date, Tenant shall immediatelyquit and surrender the Demised Premises together with all alterations, quietly fixtures, (except trade fixtures), installations, additions and peaceably surrender to Landlord possession of such Premises “improvements which may have been made in or attached thereto, vacant, broom clean, and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty and condemnation excepted, unless Landlord provides otherwise in writing with respect to Specialty Alterations. On or before the Expiration Date, Tenant at its expense, shall remove from the Demised Premises all of Tenant’s moveable property which is not attached to, or built into, the Demised Premises (subject to ARTICLE 15including, without limitation Tenant’s furniture, partitions, work stations, and all other personal property of Tenant) and repairs to be made by Landlord under this Lease. If except such items thereof as Tenant is in default under this Lease, Landlord shall have a lien on expressly agreed in writing with Landlord were to remain and to become the property of Landlord, and shall fully repair any damage to the Demised Premises or the Building resulting from such removal. Any moveable personal property of Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision)subtenant or occupant, subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises which shall remain in or on the expiration Demised Premises after the termination of the term of ​ ​ this Lease or sooner termination may, at the option of this Lease with respect to any Premises for any cause shall conclusively Landlord and without notice, be deemed to have been abandoned by such Tenant, subtenant or occupant, and may either be appropriated, sold, stored, destroyed or otherwise disposed of retained by Landlord as its property or be disposed of, without notice toaccountability, and without in such manner as Landlord may see fit. Tenant shall reimburse Landlord for any obligation reasonable cost or expense incurred by Landlord in carrying out the foregoing. Landlord shall not be responsible for any loss or damage occurring to account to, any such property owned by Tenant or any other personsubtenant or occupant. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with LandlordTenant’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that Section 7.06 shall survive the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionExpiration Date.

Appears in 2 contracts

Samples: Lease Agreement (Agile Therapeutics Inc), Lease Agreement (Agile Therapeutics Inc)

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at the expiration or earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary repair (reasonable wear and tear, permitted Alterations, and damage by casualty (subject or condemnation excepted), and will surrender all keys to ARTICLE 15) the Premises to Landlord at the place then fixed for Tenant's payment of Basic Rent or as Landlord otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and repairs vaults, if any, in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord required as a condition of its consent, all specified Alterations carried out by Tenant in the Premises. Tenant will promptly repair any damage to be made the Premises caused by Landlord under this Leasesuch removal. If Tenant is does not surrender the Premises in default under accordance with this Leasesection, Landlord shall have a lien on Tenant’s personal propertyTenant will indemnify, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. defend (or any replacement provisionwith counsel reasonably acceptable to Landlord), subject to protect and hold harmless Landlord from and against any lien waiver or subordination previously executed Claim resulting from Tenant's delay in so surrendering the Premises, including, without limitation, any Claim made by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenantsucceeding occupant founded on such delay. All personal property, trade fixtures and other property of Tenant not removed from any Premises on or before the abandonment of such Premises or on the expiration last day of the term Term is deemed abandoned. If Tenant fails to remove all of this Lease or sooner Tenant's property from the Premises upon termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriatedLease, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, then Tenant shall be deemed to be occupying such Premises have appointed Landlord as a month-to-month tenant, subject Tenant's agent to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord mayremove, at Tenant’s 's sole cost and expense, restore all of Tenant's property from the Premises upon termination of this Lease and to such conditioncause 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 or in any manner in respect thereto.

Appears in 2 contracts

Samples: Lease Agreement (Aspirity Holdings LLC), Office Sublease (Aspirity Holdings LLC)

Surrender of Premises. Upon the expiration or termination of the term of this Lease Term for whatever cause for any Premisescause, or upon the exercise by Landlord of its right to re-enter any the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such the Premises in "broom clean" and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) not covered by Section 15.2 and repairs to be made by Landlord under this Leasepursuant to Section 15.1. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq~9,., of the Utah Code XxxAnn. (or Xr any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, to remove any personal property, equipmenttrade fixtures, trade fixtures other property, alterations, additions and other property owned improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed from any the Premises on the abandonment of such the Premises or on the expiration of the term of this Lease Term or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall not be deemed to be occupying such Premises as a month-to-month tenant, subject to all released from Tenant's obligations under this Lease in connection with surrender of the obligations of Premises until Landlord has inspected the Premises and delivered to Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlorda written release. While Tenant remains in possession of any the Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consentright, Tenant shall be deemed to be occupying such the Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent Rent shall be twice the per-day rent Rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s 's expense, restore the Premises to such condition.

Appears in 1 contract

Samples: Lease Agreement (Caldera Systems Inc)

Surrender of Premises. Upon Tenant shall vacate the Premises at the expiration or termination of the term of this Lease for whatever cause for any and all alterations, additions, improvements and fixtures (other than Tenant's trade fixtures and signs) which have been made or installed by Tenant shall remain as part of the Premises and shall be the sole property of Landlord. When Tenant vacates the Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediatelyleave the Premises in as good condition as it was when the Lease started, quietly and peaceably surrender to Landlord possession with the exception of such Premises “broom clean” and in good order, condition and repair, except only for ordinary reasonable wear and tear. If the Premises are not so surrendered, damage Tenant shall indemnify Landlord against loss, liability or expense resulting from delay by casualty (subject Tenant in so surrendering the Premises or failure to ARTICLE 15) and repairs to be leave the Premises in the condition required under this rental agreement including, but not limited to, claims made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have any succeeding t e n a lien n t founded on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other persondelay. Tenant shall pay surrender all keys to Landlord all expenses incurred in connection with at the disposition of such property in excess of any amount received by Landlord from such dispositiontime Tenant vacates the Premises. While If Tenant remains in possession of any the Premises after such the expiration with Landlord’s prior written consentof this L e a s e and without the execution of a new Lease, Tenant shall be deemed to be occupying such the Premises as a Tenant from month-to-month, subject to all the conditions, provisions and obligations of this Lease in so far as the same can be applicable to a month-to-month tenanttenancy, subject cancelable by either party upon one month's written notice to all the other, but with a Base Rent of 150% of the obligations amount due prior to the expiration of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 1 contract

Samples: Exhibit E

Surrender of Premises. Upon Whenever under the expiration or termination terms hereof Landlord is entitled to possession of the term of this Lease for whatever cause for any Premises, or upon Tenant at once shall surrender the exercise by Premises and the keys thereto to Landlord broom clean and in the same condition as on the Commencement Date hereof, normal wear and tear only excepted, and Tenant shall remove all of its right personalty therefrom and shall, if directed to re-enter do so by Landlord, remove all improvements and fixtures, including cables, installed by or on behalf of Tenant and restore the Premises to its original condition prior to the construction/installation of any Premises without terminating this Leaseimprovements and fixtures which have been made therein by or on behalf of Tenant, Tenant shall immediately, quietly and peaceably surrender including any improvements made prior to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Leasethe Commencement Date. If Tenant is fails to timely and properly remove the foregoing items and repair the damage described above, at Landlord’s election: (i) such items shall be deemed abandoned and become Landlord’s property without payment or offset; (ii) Landlord may remove the same and store them in default under this Leasea public warehouse or elsewhere at the cost of, Landlord shall have a lien on and for the account of, Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant torepair all damage to the Premises, remove the Building and any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration portion of the term Property resulting from removable of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice tothe same from the Premises, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord upon demand all expenses costs incurred by Landlord in connection therewith; or (iii) Landlord may remove and dispose of the same in such manner as Landlord may elect and repair all resulting damage to the Premises and/or the Building and/or any other portion of the Property and Tenant shall pay to Landlord upon demand all costs incurred by Landlord in connection therewith. If Tenant fails to timely and properly cause the removal of the foregoing described items, Landlord shall also have the right to relinquish possession of all or any portion of the same to any person (“Claimant”) claiming to be entitled to possession thereof who presents to Landlord a copy of an instrument represented to Landlord by the Claimant to be have been executed by Tenant (or any predecessor of Tenant) granting the Claimant the right under various circumstances to take possession of the subject furniture, equipment or other personal property, without the necessity on the part of Landlord to inquire into the authenticity of Tenant’s or Tenant’s predecessor’s signature thereon and without the necessity of Landlord making any investigation or inquiry of any nature as to the validity of the factual or the legal basis upon which the Claimant purports to act; and Tenant agrees to indemnify, protect, defend (with counsel approved by Landlord) and hold harmless Landlord and its agents and employees from and against any and all claims, judgments, awards, amounts paid in settlements, penalties, fines, damages, liabilities, losses, suits, proceedings and costs (including, without limitation, attorneys’ fees) of any kind or nature, known or unknown, contingent or otherwise, suffered or incurred by any of them in connection with the disposition Landlord’s relinquishment of possession of all or any portion of such furniture, equipment or other personal property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the TermClaimant. If Tenant fails to surrender possession of the Premises in accordance with the condition herein requiredforegoing, then Landlord maymay forthwith re-enter the Premises and repossess itself thereof and remove all persons and effects therefrom, at using such force as may be reasonably necessary without being guilty of forcible entry, detainer, trespass or other tort. Tenant’s expenseobligation to observe or perform these covenants shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease or any renewal falls on a Saturday, restore Sunday or a legal holiday, this Lease shall expire on the Premises to such conditionbusiness day immediately preceding.

Appears in 1 contract

Samples: Industrial Lease Agreement (Under Armour, Inc.)

Surrender of Premises. Upon At the expiration of the Term or upon earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender possession the Premises to Landlord possession of such Premises “broom clean” in broom-clean condition and in as good order, condition and repairas when Tenant took possession, except only for ordinary reasonable wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on the right to remove from the Premises any of Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal propertymachinery, equipment, trade fixtures or furnishings which may be removed without causing damage to the Premises, and Tenant shall remove any Alterations and any other property owned by Tenant. All personal propertyalterations, additions, improvements, machinery, equipment, trade fixtures and other or furnishings-which Landlord shall direct to be removed in accordance with the provisions of this Lase. Tenant shall promptly repair any damage to the Premises or the Building caused by any such removal. Any personal property of Tenant not removed from any the Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriatedby Tenant and, soldat Landlord’s option, storedshall thereupon become the property of Landlord. If Landlord elects to remove all or any part of Tenant’s personal property, destroyed the cost of removal, including the cost of repairing any damage to the Premises or otherwise disposed of the Building caused by Landlord without notice tosuch removal, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess cost of any amount received storage shall be paid by Landlord from such dispositionTenant. While Tenant remains in possession At the expiration of the Term or upon any Premises after such expiration with Landlord’s prior written consentearlier termination of this Lease, Tenant shall be deemed surrender all keys to be occupying such the Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over act or conduct of Landlord, including, without limitation, the acceptance of keys to the Premises, shall extend constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. If Only a written notice from Landlord to Tenant fails to shall constitute acceptance of the surrender possession of the Premises in and accomplish a termination of the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.Lease. ​

Appears in 1 contract

Samples: Office Sublease Agreement (Jaguar Health, Inc.)

Surrender of Premises. Upon the expiration or earlier termination of the term Term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly peaceably quit and peaceably surrender to Landlord possession of such the Premises “broom clean” in neat and clean condition and in good order, condition and repair, except together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease, excepting only for ordinary wear and tear, use and damage by fire or other casualty for which, under other provisions of this Lease, Tenant has no responsibility of repair and restoration. Tenant shall remove (subject i) all of Tenant's Removable Property and, to ARTICLE 15) the extent specified by Landlord at the time of approval of Tenant's Plans or at the time of the Landlord's consent thereto, all alterations and repairs to be additions made by Landlord under (in connection with Landlord's Work) or Tenant and all partitions wholly within the Premises whether made by Landlord or Tenant; and shall repair any damage to the Premises or the Building caused by such removal. Any Tenant's Removable Property which shall remain in the Building or on the Premises after the expiration or termination of the Term of this LeaseLease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or may be disposed of in such reasonable manner as Landlord may see fit, at Tenant's sole cost and expense. If Tenant is in default under Without limitation of the foregoing, upon expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, (i) remove all exhaust hoods and related duct work (regardless of whether installed as part of Landlord's Work, or otherwise) and (ii) remove all so-called "case work" designated as "to be removed" by Landlord in writing at the time of Landlord's approval of Tenant's Plans from the Premises and shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., repair any damage to the Building or Premises resulting from the removal of the Utah Code Xxxmatters defined in (i) and (ii) hereof (ie. (or any replacement provisionrestoring same to condition prior to installation), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 1 contract

Samples: Agreement (Genomic Solutions Inc)

Surrender of Premises. Upon the expiration or termination of the term this Lease, whether by lapse of this Lease for whatever cause for any Premisestime or otherwise, or upon the exercise by Landlord of its right the power to re-enter any and repossess the Premises without terminating this Lease, as hereinbefore provided, Tenant shall immediately, quietly and peaceably at once surrender possession of the Premises to Landlord possession of such Premises “broom clean” and in good order, a condition and repairorder of repair substantially similar to its original condition and order of repair upon the commencement of the lease term, except only for ordinary reasonable wear and tear, tear and damage by events of casualty (subject described in Section 11, excepted, and shall at once remove all of Tenant’s personal property and trade fixtures from the Premises. Upon any such termination, Tenant shall, as directed by Landlord, either remodel any addition to ARTICLE 15) the Premises constructed by Tenant under Section 9, above, so as return the Premises to its original condition, reasonable wear and repairs tear excepted, or remove such addition from the Premises. Any such remodeling or removal of any addition to the Premises shall be made by Landlord under this LeaseTenant at its sole cost and expense. If If, upon any such termination, Tenant is in default under this Leasedoes not at once surrender possession of the Premises and remove such of its property as allowed by Landlord, Landlord shall have a lien on may forthwith re-enter and repossess the same and remove all of Tenant’s personal property without being guilty of trespass or of forceful entry or detainer or without incurring any liability to Tenant for loss or damage to Tenant’s property. Upon any such removal of Tenant’s property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause it shall conclusively be deemed considered to have been abandoned and may either be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of at public or private sale as Landlord sees fit. If any such property is either sold at public or private sale or retained by Landlord, the proceeds of any such sale or the then current fair market value of the property, as the case may be, shall be applied by Landlord without notice toagainst Landlord’s expenses of removal, storage or sale of such property, the arrears of rent and other charges or future rent and other charges payable hereunder, and without any obligation to account to, Tenant or any other persondamages to which Landlord may be entitled hereunder. Tenant shall pay repair, at its sole cost and expense, any damage to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord Premises resulting from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord removal of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises property as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionallowed hereunder.

Appears in 1 contract

Samples: Connect Transit Commerical Lease Agreement

Surrender of Premises. Upon the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender the Premises to Landlord possession of such Premises “broom clean” and , in good orderorder and condition, condition and repair, except only for ordinary wear and teartear and loss by fire (unless caused by Tenant, its agents, servants, employees or invitees) excepted, and shall deliver all keys to Landlord. Before surrendering the Premises, Tenant shall remove from the Premises and the Building all Alterations, all of its personal property and trade fixtures and such other property as Landlord shall have the right to require the removal of, in such a way as not to damage by casualty (subject the Premises or the Building, unless such damage shall be unavoidable, in which event Tenant shall advise Landlord in advance and in writing and in reasonable detail of what Tenant proposes to ARTICLE 15) do that will cause such damage, and repairs shall perform such removal so as to be made by Landlord under this Leaseminimize any damage to the Premises and the Building. If Tenant is Without limiting the generality of the foregoing, if during the Term any portion of the Premises has been painted in default under a color different from its color on the date of this Lease, Landlord then Tenant shall have a lien on Tenantrepaint such portion in such initial color or shall pay Landlord’s personal propertyreasonable cost of doing so. Tenant shall be responsible for all costs, trade fixtures expenses and other property as set forth damages incurred in Section 38-3-1, et seq., such removal. All of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other foregoing property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any the Premises on upon the abandonment of such Premises thereof or on upon the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause whatsoever shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, to Tenant or any other person and without any obligation to account to, Tenant or any other persontherefor. Tenant shall pay to Landlord upon demand all expenses incurred in connection with the disposition of such property in excess property. Upon termination of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consentthe Term, Tenant shall be deemed deliver to be occupying such Premises as a month-to-month tenantLandlord all keys to the Premises. However, subject to all no surrender of the obligations of Tenant under this Lease, except that the Monthly Rent Premises shall be one hundred ten percent (110%) effected by Landlord’s acceptance of the Monthly Rent in effect immediately before such expiration, termination keys or exercise of the rent or by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right other means whatsoever without Landlord’s prior written consent, acknowledgment of such acceptance as surrender. Tenant shall not be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent released from obligation in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to connection with surrender possession of the Premises in the condition herein required, until Landlord may, at Tenant’s expense, restore has inspected the Premises and delivered to Tenant a written release. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation thereto, any claims made by any succeeding tenant founded on such conditiondelay.

Appears in 1 contract

Samples: Agreement of Lease (International Fight League, Inc.)

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at the expiration or earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary reasonable wear and tear, permitted Alterations and damage by casualty or condemnation excepted, and will sin-render all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant's payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and (subject if Landlord so notified Tenant at the time Landlord approved such Alterations) all specified Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair any damage to ARTICLE 15) and repairs to be made the Premises caused by Landlord under this Leasesuch removal. If Tenant is does not surrender the Premises in default under accordance with this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12section, Tenant maywill release, indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold harmless Landlord may require Tenant tofrom and against any Claim resulting from Tenant's delay in so surrendering the Premises, remove including, without limitation, any personal property, equipment, trade fixtures and other property owned Claim made by Tenantany succeeding occupant founded on such delay. All personal property, trade fixtures and other property of Tenant not removed from any Premises on or before the abandonment of such Premises or on the expiration last day of the term Term is deemed abandoned. Tenant appoints Landlord as Tenant's agent to remove, at Tenant's sole cost mad expense, all of this Lease or sooner Tenant's property from the Premises upon termination of this Lease with respect and to any Premises cause its transportation and storage for any cause shall conclusively be deemed to have been abandoned Tenant's benefit, all at the sole cost and may be appropriated, sold, stored, destroyed or otherwise disposed risk of by Landlord without notice toTenant, and without Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred manner in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionrespect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Airspan Networks Inc)

Surrender of Premises. Upon Tenant shall have no obligation to remove any alterations, additions, improvements, or changes made to the Premises after the Commencement Date, unless specifically stated in Landlord’s consent, at the expiration or early termination of the Lease. Tenant shall have no right or obligation to remove any of Landlord’s Work or any other alterations, additions, improvements, or changes made by or on behalf of Landlord at the Premises. Tenant shall surrender to Landlord the Premises and all alterations and additions thereto broom clean and in good order, repair and condition (except for ordinary wear and tear and subject to the rights and obligations of the parties upon damage and destruction as set forth in this Lease). Tenant shall remove all personal property and trade fixtures prior to the expiration of the Term, including any signs, notices and displays placed by Tenant. Tenant shall perform all reasonably necessary restoration, including, without limitation, restoration made reasonably necessary by the removal of Tenant's personal property or trade fixtures prior to the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal propertyno obligation to change the character of or possible uses for the Building. Landlord can elect to retain or dispose of, in any manner, any alterations, utility installations, trade fixtures and other or personal property as set forth in Section 38-3-1, et seq., that Tenant does not remove from the Premises on expiration or termination of the Utah Code XxxLease term as allowed or required by this Lease. (or any replacement provision), subject Title to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12such alterations, Tenant may, and Landlord may require Tenant to, remove any personal property, equipmentutility installations, trade fixtures and other or personal property owned by Tenantthat Landlord elects to retain or dispose of on expiration of the Lease term shall automatically vest in Landlord. All personal propertyTenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations, utility installations, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other personpersonal property. Tenant shall pay be liable to Landlord all expenses incurred in connection with the disposition of such property in excess for Landlord's costs for storing, removing and disposing of any amount received by utility installations, trade fixtures or personal property and shall indemnify and hold Landlord harmless from such disposition. While Tenant remains in possession the claim of any Premises after third party to an interest in such expiration with Landlord’s prior written consentutility installations, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination trade fixtures or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionpersonal property.

Appears in 1 contract

Samples: Industrial Lease (Appfolio Inc)

Surrender of Premises. Upon On expiration of this Lease or within five (5) days after the earlier termination of the Term, Tenant shall surrender to Landlord the Premises in good condition (except for ordinary wear and tear, repair and maintenance which is the obligation of Landlord, and destruction to the Premises covered by Section 22). Tenant shall remove all its personal property within the above-stated time or it shall be deemed abandoned. . Landlord may elect to retain or dispose of in any manner any alterations or any of Tenant's personal property that Tenant does not remove from the Premises on expiration or termination of the term of as allowed or required by this Lease for whatever cause for by giving at least twenty (20) days' notice to Tenant. Title to any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (alterations or any replacement provision), subject of Tenant's personal property that Landlord elects to any lien waiver retain or subordination previously executed by Landlord. In addition to the provisions dispose of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises twenty (20)-day period shall vest in Landlord. Tenant waives all claims against Landlord for any cause shall conclusively be deemed damage to have been abandoned and may be appropriated, sold, stored, destroyed Tenant resulting from Landlord's retention or otherwise disposed disposition of by Landlord without notice to, and without any obligation to account to, Tenant such alterations or any other personof Tenant's personal property. Tenant shall pay be liable to Landlord all expenses incurred in connection with the disposition of such property in excess for Landlord's costs for storing, removing, and disposing of any amount received by Landlord from such disposition. While Tenant remains in possession alterations or any of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the TermTenant's personal property. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionLandlord on expiration or five (5) days after termination of the term as required by this Paragraph, Tenant shall indemnify and hold Landlord harmless from all claims, liability and damages resulting from Tenant's failure to surrender the Premises, including, without limitation, claims made by a succeeding tenant resulting from Tenant's failure to surrender the Premises.

Appears in 1 contract

Samples: Lease Agreement (American River Holdings)

Surrender of Premises. Upon On the last day of the term hereof or on any sooner termination, Tenant shall surrender the Premises to Landlord in the same condition as when received, ordinary wear and tear excepted, clear and free of debris. Tenant shall repair any damage to the Premises occasioned by the installation or removal of Tenant's trade fixtures, furnishings and equipment. If Tenant fails to remove any of Tenant's personal property on or before the expiration or earlier termination of the term of this Lease for whatever cause for any PremisesLease, or upon the exercise by Landlord of its Xxxxxx's right to possession hereunder, Landlord, at Tenant's sole cost and expense, shall be entitled to re-enter any the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of remove and/or store such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and using such force as may be necessary without being guilty of forcible entry, detainer, trespass or other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant maytort, and Landlord may require Tenant toshall in no event be responsible for the value, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises preservation or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other personsafekeeping thereof. Tenant shall pay to Landlord Landlord, upon demand, any and all reasonable expenses incurred in connection with the disposition of caused by such removal and all storage charges against such property in excess of any amount received by Landlord from such disposition. While Tenant remains so long as the same shall be in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all Landlord or under the control of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expirationIn addition, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If if Tenant fails to surrender possession remove any such personal property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord at its option, may deem all or any part of such personal property to have been abandoned by Xxxxxx and title thereof shall immediately pass to Landlord under this Lease as by a bill of sale Tenant's obligation to observe or perform these covenants shall survive the expiration or other termination of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionTerm of this Lease.

Appears in 1 contract

Samples: Occupancy Agreement (PishPosh, Inc.)

Surrender of Premises. Upon the expiration or other termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this LeaseTerm, Tenant shall immediatelysurrender the Premises, quietly and peaceably surrender to Landlord possession of such Premises “broom clean, in the same order and condition in good orderwhich they are in on the Lease Commencement Date, condition and repair, except only for ordinary wear and tear, damage by casualty (subject tear excepted. All improvements to ARTICLE 15) and repairs to be the Premises or the Office Complex made by Landlord under this Lease. If either party shall remain upon and be surrendered with the Premises as a part thereof at the end of the Lease Term, except that if Tenant is not in default under this Lease, Landlord Tenant shall have a lien on Tenant’s personal propertythe right to remove, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject prior to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term Lease Term, all movable furniture, furnishings and equipment installed in the Premises solely at the expense of this Lease Tenant. All damage and injury to the Premises or sooner the Office Complex caused by such removal shall be repaired by Tenant, at Tenant's sole expense, or, at the Landlord's option, Landlord may repair such damage at Tenant's expense, which shall be repaid to Landlord upon demand. If such property of Tenant is not removed by Tenant prior to the expiration or termination of this Lease with respect to any Premises for any cause Lease, the same shall conclusively become the property of Landlord and shall be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection surrendered with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenantpart thereof. Notwithstanding any covenant or condition of this Article to the contrary, subject to however, Landlord may require, in its sole discretion, that any or all of the obligations improvements made by or on behalf of Tenant under within or upon the Premises be removed upon the termination of this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expirationor upon any default by Tenant, termination or exercise by Landlord. While and Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed hereby agrees to cause same to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of removed and the Premises in the condition herein required, Landlord mayto be restored, at Tenant’s 's sole cost and expense, or, at Landlord's option, Landlord may remove and restore the Premises same at Tenant's expense, which shall be repaid to such conditionLandlord upon demand, together with any and all damages Landlord may suffer or sustain by reason of the failure of Tenant to remove the same.

Appears in 1 contract

Samples: Office Space Lease Agreement (Preferred Employers Holdings Inc)

Surrender of Premises. Upon the On expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediatelysurrender the Premises in the same condition as when the Lease Term commenced, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and teartear or damage from casualty excepted. Except for furnishings, damage trade fixtures, telephone and data cabling/wiring, Tenant installed supplemental HVAC equipment, and other personal property installed by casualty (subject Tenant or at Tenant's expense, all of which shall be removed by Tenant at the expiration or earlier termination of the Lease, all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property and at the expiration or earlier termination of the Lease Term shall remain on the Premises without compensa­tion to ARTICLE 15) Tenant. Notwithstanding the above, Tenant shall, at its expense and repairs without delay, remove any alterations, additions or improvements which Landlord designated to be made removed when Landlord consented to Tenant's such alterations, additions, or improvements, and Tenant shall repair any damage to the Premises or the Building caused by Landlord under this Leasesuch removal. If Tenant is in default fails to repair the Premises, Landlord may complete such repairs and Tenant shall reimburse Landlord for such repair and restoration. Landlord shall have the option to require Tenant to remove all its property. If Tenant fails to remove such property as required under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition dispose of such property in excess its sole discretion without any liability to Tenant, and further may charge the cost of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed disposition (including storage expenses) to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 1 contract

Samples: Lease (Ultimate Software Group Inc)

Surrender of Premises. Upon the expiration or termination of this Lease or upon the term termination of Tenant's right of possession, whether by lapse of time or at the Landlord's option as herein provided, Tenant shall immediately surrender possession of the Premises to Landlord and remove all of its property therefrom as permitted or required hereunder, and if such possession is not immediately surrendered, Landlord may re-enter the Premises and remove all persons and property therefrom. Without limiting the generality of the foregoing, Tenant agrees to remove at the termination of this Lease for whatever cause for all personal property to which Tenant is entitled under Article 16 hereof, together with any Leasehold Improvements Landlord designates in writing to be removed. All damage to the Premises or the Building arising from Tenant's moving of property in or out of the Building including damage to floors due to overloading, shall be fully repaired at Tenant's sole expense. If Tenant fails or refuses to remove any such property from the Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediatelybe conclusively presumed to have abandoned the same, quietly and peaceably surrender title thereto shall thereupon pass to Landlord possession of such Premises “broom clean” and in good orderwithout cost, condition and repairset-off, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (credit allowance or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant mayotherwise, and Landlord may require Tenant toaccept title to such property, or at Tenant's expense, remove it or any personal property, equipment, trade fixtures part thereof in any manner that Landlord shall choose and other property owned by Tenant. All personal property, trade fixtures and other property store or dispose of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect it without incurring liability to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Neither surrender of this Lease by Tenant nor a mutual cancellation thereof shall pay cause a merger, but rather shall, at Landlord's option, operate to terminate any or all subleases or subtenancies or operate as an assignment to Landlord of any or all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such dispositionsubleases or subtenancies. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition23.

Appears in 1 contract

Samples: Sse Telecom Inc

Surrender of Premises. Upon Any alterations, improvements or additions to the Leased Premises made by or at the request of Tenant shall remain upon the Leased Premises at the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner earlier termination of this Lease with respect and shall become the property of Landlord unless Landlord shall, prior to the expiration or earlier termination of this Lease, give written notice to Tenant to remove such alterations, improvements and additions. Tenant shall repair any damage caused by the installation and/or removal (including, without limitation, repairing and patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Premises for to substantially the same condition in which it existed prior to the time that any cause such alterations, improvements or additions were made, reasonable wear and tear excepted. Should Tenant fail to remove any such alterations, improvements or additions or to repair such damage wh6n required or requested by Landlord so to do pursuant to this Section 17, Landlord may do so, and the cost and expense thereof shall conclusively be paid by Tenant to Landlord as Additional Rent. Any personal property which shall remain in the Leased Premises or any part thereof after the expiration or earlier termination of this Lease shall be deemed to have been abandoned and either may be appropriated, sold, stored, destroyed retained by Landlord as Landlord's property or otherwise may be disposed of by in such manner as Landlord without notice tomay see fit, and without any obligation to account toprovided that notwithstanding the foregoing Tenant shall, Tenant upon request of Landlord made no later then ten (10) days after the expiration or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition earlier termination of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that promptly remove from the Monthly Rent Building any such personal property at Tenant's own cost and expense. Should Tenant fail so to do, Landlord may do so, and the cost and expense thereof shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before paid by Tenant to Landlord as Additional Rent. If such expiration, termination personal property or exercise any part thereof shall be sold by Landlord, Landlord may receive and retain the proceeds of such sale(s) as Landlord's property. While Tenant remains The covenants contained in possession this Section 17 shall survive the expiration or earlier termination of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 1 contract

Samples: Agreement of Lease (Worldgate Communications Inc)

Surrender of Premises. Upon (a) At the expiration or termination end of the term of this Lease for whatever cause for any PremisesTerm, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Leaserenewal or extension thereof, Tenant shall immediatelysurrender the Premises to Landlord, quietly together with all alterations, additions, renovations and peaceably surrender to Landlord possession of such Premises “broom clean” improvements thereto, in broom-clean condition and in good order, condition order and repair, repair except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) tear and repairs to be made by Landlord under this Lease. If damages which Tenant is in default under this Leasenot obligated to repair hereunder and which Tenant or its servants, Landlord shall have a lien on Tenant’s personal propertyagents, trade fixtures and other property as set forth in Section 38-3-1employees, et seq.licensees or invitees has not caused, of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and failing which Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditioncondition and Tenant shall pay the cost of said repair and restoration. If not then in default as to the payment of any Rent or Additional Rent due and owing hereunder, Tenant shall have the right at the end of the Term to remove any personal property and trade fixtures to the extent permitted in Section 12 hereof. Tenant's goods, effects, personal property, business and trade fixtures, machinery and equipment not removed by Tenant at the expiration or other termination of this Lease (or within forty-eight (48) hours after a termination by reason of Tenant's default) shall be considered abandoned and Landlord may dispose of the same as it deems expedient, but Tenant shall promptly reimburse Landlord for any expenses incurred by Landlord in connection therewith including without limitation the cost of removal thereof and repairing any damage occasioned by such removal. Tenant shall surrender the Premises to Landlord at the end of the term hereof, without notice of any kind, and Tenant waives all right to any such notice as may be provided under any laws now or hereafter in effect. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Inc)

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at the expiration or earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary repair (reasonable wear and tear, permitted Alterations and damage by casualty (subject or condemnation excepted), and will surrender all keys to ARTICLE 15) and repairs the Premises to be made by Property Manager or to Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on at the place then fixed for Tenant’s personal propertypayment of Base Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combinations on locks, trade fixtures safes and other property as set forth vaults, if any, in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other personProperty. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of will at such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to time remove all of the obligations Tenant Property from the Premises and, if Landlord so requests, all specified Alterations and other improvements Tenant placed on, within the walls or ceilings of or outside the Premises, including the Cabling. Tenant under this Lease, except that will promptly repair any damage to the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before Premises or Property caused by such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Termremoval. If Tenant fails to does not surrender possession of the Premises in accordance with this section, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold harmless Landlord from and against any Claim resulting from Tenant’s delay in so surrendering the condition herein requiredPremises, including any Claim made by any succeeding occupant founded on such delay. All Tenant Property not removed on or before the last day of the Term will be deemed abandoned, and Tenant appoints Landlord mayas Tenant’s agent to remove, at Tenant’s sole cost and expense, restore all of such abandoned property and to cause its transportation and storage for Tenant’s benefit, all at the Premises to such conditionsole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto.

Appears in 1 contract

Samples: Project Office Lease Agreement

Surrender of Premises. Upon the expiration or termination of the term of this Lease for whatever cause for any PremisesTerm, or upon the exercise by Landlord any earlier termination of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly quit and peaceably surrender possession of the Premises to Landlord in as good order and condition as when Xxxxxx took possession of such Premises “broom clean” and in good orderas thereafter improved by Xxxxxxxx and/or Tenant, condition and repair, except only for ordinary reasonable wear and teartear excepted. At such expiration or termination, damage by casualty (subject Tenant shall, without expense to ARTICLE 15) and repairs Landlord, remove or cause to be made by Landlord under this Leaseremoved from the Premises all debris and rubbish, Tenant’s Property and the Required Removables. Tenant shall repair at its own expense all damage to the Premises and Building to the extent resulting from such removal and restore the Premises to the same condition as existed prior to the installation of the same. If Tenant is in default under this Leasefails to complete such removal, Landlord shall have a lien on Tenant’s personal property, trade fixtures repair and other property as set forth in Section 38-3-1, et seq., of restoration within two (2) days after the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term termination of this Lease or sooner termination of this Lease with respect Tenant’s right to any Premises possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to complete such removal, repair and restoration. Landlord shall not be responsible for any cause shall conclusively be deemed to have been abandoned and may be appropriatedthe value, sold, stored, destroyed preservation or otherwise disposed safekeeping of by Landlord without notice to, and without any obligation to account to, Tenant or any other personthe property so removed. Tenant shall pay Landlord, upon demand, as Additional Rent the expenses and storage charges incurred for such property. In addition, if Tenant fails to remove such property from the Premises or storage, as the case may be, within thirty (30) days after written notice, Landlord may deem all expenses incurred in connection with the disposition or any part of such property in excess of any amount received by Landlord from to be abandoned, and title to such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant property shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent immediately vested in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 1 contract

Samples: Office Lease (Cambium Networks Corp)

Surrender of Premises. Upon the expiration or earlier termination of the term Term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly peaceably quit and peaceably surrender to Landlord possession of such the Premises “broom clean” in neat and clean condition and in good order, condition and repair, except together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease, excepting only for ordinary wear and tear, use and damage by fire or other casualty (subject to ARTICLE 15) and repairs to be made by Landlord for which, under this Lease. If Tenant is in default under other provisions of this Lease, Landlord Tenant has no responsibility of repair and restoration. Tenant shall have a lien on remove all of Tenant’s personal property's Removable Property and telecommunications cabling and, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions extent specified by Landlord at the time Landlord grants its consent to the making and installation thereof, all alterations and additions made by Tenant and all partitions wholly within the Premises made by Tenant after the Commencement Date and any aspect of ARTICLE 12, Landlord's Work with respect to which Landlord requires removal by notice to Tenant may, at the time of approval of Tenant's Plans; and Landlord may require Tenant to, remove shall repair any personal property, equipment, trade fixtures and other property owned damage to the Premises or the Building caused by such removal. Any Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on 's Removable Property which shall remain in the abandonment of such Premises Building or on the Premises after the expiration or termination of the term Term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed conclusively to have been abandoned abandoned, and either may be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of by in such manner as Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord maymay see fit, at Tenant’s 's sole cost and expense, restore the Premises to such condition.

Appears in 1 contract

Samples: Cyrk Inc

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at the expiration or earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary reasonable wear and tear, damage by casualty Casualty (subject to ARTICLE 15Landlord’s rights with respect to Tenant Damage) and repairs Taking excepted, and will surrender all keys to be made by the Premises to Property Manager or to Landlord under this Leaseat the place then fixed for Tenant’s payment of Base Rent or as Landlord or Property Manager otherwise directs. If Tenant is will also inform Landlord of all combinations on locks, safes and vaults, if any, in default the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord so requires as permitted under this Lease, all required Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair any damage to the Premises or the Property caused by such removal. Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any Claim resulting from Xxxxxx’s failure or delay in surrendering the Premises in accordance with this section, including, without limitation, any Claim made by any succeeding occupant founded on such delay; provided that as a condition to such obligation to indemnify, protect, defend and hold harmless, Landlord shall have a lien on provide advance written notice to Tenant of any binding obligation of Landlord would result in Tenant’s personal property, trade fixtures and other property liability for consequential damages as set forth in Section 38-3-1, et seq., a result of Xxxxxx’s holding over beyond the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by TenantTerm. All personal property, trade fixtures and other property of Tenant not removed from any Premises on or before the abandonment of such Premises or on the expiration last day of the term Term is deemed abandoned. Landlord may remove all such abandoned property from the Premises and cause its transportation and storage in a public warehouse or elsewhere at the cost and for the account of this Lease or sooner termination of this Lease with respect Tenant, and if Xxxxxx fails to any Premises for any pay the storage charges therefor Landlord may cause shall conclusively such property to be deemed to have been abandoned and may be appropriated, sold, stored, destroyed sold or otherwise disposed of by Landlord without notice to, and without any further obligation to account to, Tenant or any other personaccounting to Tenant. Tenant shall pay to Landlord all expenses incurred in connection with the disposition will not be liable for damage, theft, misappropriation or loss of any such property or in excess of any amount received by Landlord from such disposition. While Tenant remains manner in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionrespect thereto.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Insignia Systems Inc/Mn)

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at (he expiration or earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary reasonable wear and tear, permitted. Alternations and damage by insured casualty (subject to ARTICLE 15) or condemnation" excepted, and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition will surrender all keys to the provisions Premises to Property Manager or to Landlord at the place then fixed for Tenant's payment o( Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of ARTICLE 12all combinations on locks, Tenant maysafes and vaults, and Landlord may require Tenant toif any, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on in the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other personProperty. Tenant shall pay will at such time remove all of its property from the Premises and, if Landlord so requests, all specified Alterations and improvements Tenant placed on the Premises Tenant will promptly repair any damage to Landlord all expenses incurred in connection the Premises caused by such removal. Tenant releases and will indemnify, defend (with the disposition of such property in excess of any amount received by counsel reasonably acceptable to Landlord), protect and hold harmless Landlord from such disposition. While Tenant remains and against any Claim resulting from Tenant's failure or delay in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of surrendering the Premises in accordance with this section, including, without limitation, any Claim made by any succeeding occupant (rounded on such delay. All property of Tenant( not removed on or before the condition herein required, last day of the Term is deemed abandoned. Tenant appoints Landlord mayas tenants agent to remove, at Tenant’s Tenants sole cost and expense, restore all of Tenant's property from the Premises upon termination of (his Lease and to such conditioncause 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 or in any manner in respect hereto.

Appears in 1 contract

Samples: Office Lease Agreement (Saleslogix Corp)

Surrender of Premises. Upon At the expiration or termination of the term of this Lease for whatever cause for any Premisestbis Lease, or upon the exercise by Landlord any sooner termination of its right to re-enter any Premises without terminating this Lease, Tenant shall immediatelyquit and surrender the Leased Premises, quietly together with alterations, additions and peaceably surrender to Landlord possession of such Premises “broom clean” and improvements that may have been made in, tO, or on the Leased Premises, in good order, condition and repair, except only for ordinary reasonable wear and tear, tear and damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Leaseacts of God excepted. If So long as Tenant is not in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade he/she may remove all movable furniture or unattached movable fixtures and other property as set forth in Section 38-3-1, et seq., owned by Tenant If the Leased Premises are not surrendered at the end of the Utah Code XxxLease term, tenant shall indemnify Landlord against loss of liability resulting from delay by Tenant in surrendering the Premises including, without limitation, any claims made by any succeeding Tenant founded on said delay. (On or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on before the expiration of the term Lease term, the Tenant shall remove all of this Lease his/her property from the Leased Premises, and all property not removed shall be deemed abandoned by he Tenant. In tbat event Landlord shall have the unrestricted right to dismantle, destroy, dispose of or sooner termination of this Lease with respect use said property in any manner which he/she may see fit whiteout any liability or responsibility to any Premises Tenant, or to others claiming through Tenant, for said property or for any cause shall conclusively be deemed to have been abandoned and proceeds Landlord may be appropriated, sold, stored, destroyed realize from any disposition or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other personuse thereof. Tenant shall pay to Landlord all expenses any costs reasonably incurred by Landlord in connection with removing, storing, dismantling or disposing of any such property to the extent that such costs exceed any amount realized by Landlord from the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionproperty.

Appears in 1 contract

Samples: Lease Agreement (Grand Slam Treasures Inc)

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at the expiration or earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary reasonable wear and tear, Casualty and Taking excepted, and will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise directs. Tenant will at such time remove all of Tenant’s Personal Property from the Property and the “boom room” in accordance with Section 8.3. Tenant will promptly repair any damage to the Premises or the Property caused by casualty such removal. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, that Tenant is allowed to leave at the Property. To the fullest extent allowable under the Laws, Tenant releases and will indemnify, protect, defend (subject with counsel reasonably acceptable to ARTICLE 15Landlord) and repairs to be hold harmless the Landlord Parties from and against any Claims resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section, including, without limitation, any Claims made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien any succeeding occupant founded on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenantsuch delay. All personal property, trade fixtures and other property of Tenant not removed from any Premises on or before the abandonment of such Premises or on the expiration last day of the term Term is deemed abandoned. Landlord may remove all such abandoned property from the Property and cause its transportation and storage in a public warehouse or elsewhere at the cost and for the account of this Lease or sooner termination of this Lease with respect Tenant, and if Tenant fails to any Premises for any pay the storage charges therefor Landlord may cause shall conclusively such property to be deemed to have been abandoned and may be appropriated, sold, stored, destroyed sold or otherwise disposed of by Landlord without notice to, and without any further obligation to account to, Tenant or any other personaccounting to Tenant. Tenant shall pay to Landlord all expenses incurred in connection with the disposition will not be liable for damage, theft, misappropriation or loss of any such property or in excess of any amount received by Landlord from such disposition. While Tenant remains other manner in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionrespect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Fender Musical Instruments Corp)

Surrender of Premises. Tenant shall maintain the Premises during the Term in as good condition as when Tenant was first entitled to possession thereof, ordinary wear and fire and other casualty not resulting from Tenant's negligence excepted, failing which Landlord may restore the Premises to such condition and Tenant shall pay Landlord the cost thereof. Upon the expiration or termination of the term of this Lease for whatever cause for any or termination of Tenant's right of possession of the Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender return the Premises to Landlord possession of such Premises “broom clean” and in good orderthe condition described in the preceding sentence, condition and repairprovided, except only for ordinary wear and tearhowever, damage by casualty Tenant may remove any removable trade fixtures (subject to ARTICLE 15other than light fixtures) and repairs other personal property installed by Tenant. Such removals shall be done in a good and workmanlike manner and Tenant shall restore the Premises to be made by a tenantable condition. All Tenant's Work and all additional alterations and improvements to the Premises (excluding trade fixtures other than light f fixtures) shall become Landlord's property and, unless Landlord under directs Tenant to remove such items pursuant to the terms of Section 14(B)(3) hereof, all such alterations and improvements shall remain upon the Premises at the expiration or earlier termination of this Lease. If In the event possession of the Premises is not immediately delivered to Landlord, or if Tenant is in default under this Lease, Landlord shall have a lien on fail to remove all of Tenant’s 's removable fixtures (other than light fixtures) and other personal property, trade fixtures and other property as set forth in Section 38-3-1aforesaid, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other of such property owned by therefrom without any liability to Tenant. All personal property, trade fixtures and other such property of Tenant not which may be removed from any the Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause by Landlord shall be conclusively be deemed presumed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed or otherwise disposed of by title thereto shall pass to Landlord without notice to, any cost or credit therefor and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at its option and at Tenant’s 's expense, restore the Premises to store or dispose of such conditionproperty.

Appears in 1 contract

Samples: Commencement Date Agreement (Federated Investors Inc /Pa/)

Surrender of Premises. Upon On the expiration or termination last day of the term of this Lease for whatever cause for any PremisesLease, or upon on the exercise by Landlord sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of its right to re-enter any Premises without terminating the term of this Lease, Tenant or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall immediatelybe deemed abandoned. Lessee hereby appoints Lessor its agent to remove all property of Lessee from the Premises upon termination of this Lease and to cause its transportation and storage for Lessee's benefit, quietly all at the sole cost and peaceably surrender to Landlord possession 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 costs and expenses of such removal, transportation and storage. Lessee shall leave the Premises “broom clean” and in good order, condition and repair, except only for ordinary reasonable wear and teartear and uninsured damage from fire and other casualty excepted. Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to removal, damage by casualty (subject transportation, or storage of abandoned property and with respect to ARTICLE 15) restoring said Premises to good order, condition and repairs to be made by Landlord under this Leaserepair. If Tenant is in default under this LeaseAll alterations, Landlord shall have a lien on Tenant’s personal propertyadditions and fixtures, other than Lessee's trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned which have been made or installed by Tenant. All personal propertyeither Lessor or Lessee upon the Premises, trade fixtures and other shall remain the property of Tenant Lessor and shall be surrendered with the Premises as a part thereof. If the Premises be not removed from any Premises on surrendered at the abandonment of such Premises or on the expiration end of the term of this Lease or sooner termination thereof, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the Premises to Lessor at the place then fixed for the payment of this Lease with respect to rent and shall inform Lessor of combinations on any Premises for any cause shall conclusively be deemed to have been abandoned vaults, locks and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other personsafes left on the Premises. Tenant shall pay to Landlord all expenses incurred in connection with In the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant event Lessee remains in possession of any the Premises after such expiration of this Lease, and without the execution of a new lease, but with Landlord’s prior Lessor's written consent, Tenant it shall be deemed to be occupying such the Premises as a tenant from month-to-month, subject to all the provisions, conditions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenant, subject to all of the obligations of Tenant under this Leasetenancy, except that the Monthly Base Rent shall be one hundred ten percent (110%) of escalated to Lessor's then current base rent for the Monthly Rent in effect immediately before such expiration, termination or exercise by LandlordPremises according to Lessor's then current rental rate schedule for prospective tenants. While Tenant In the event Lessee remains in possession of any the Premises after such expiration, termination or exercise by Landlord expiration of its re-entry right this Lease and without Landlord’s prior the execution of a new lease and without Lessor's written consent, Tenant Lessee shall be deemed to be occupying such the Premises without claim of right and Lessee shall pay Lessor for all costs arising out of loss or liability resulting from delay by Lessee in so surrendering the Premises as above provided and shall pay a tenant-at-sufferance, subject charge for each day of occupancy an amount equal to all of double the obligations of Tenant under this Lease, except that the Base Rent and Additional Rent (on a daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise basis) then currently being charged by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises Lessor on new leases in the condition herein required, Landlord may, at Tenant’s expense, restore Office/Warehouse Complex for space similar to the Premises to such conditionPremises.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (CSAV Holding Corp.)

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at the expiration or earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary reasonable wear and tear, damage by casualty Casualty (subject to ARTICLE 15Landlord's rights with respect to Tenant Damage) and repairs Taking excepted, and will surrender all keys to be the Premises to Property Manager or to Landlord at the place then fixed for Tenant's payment of Basic Rent or as Landlord or Property Manager otherwise directs. Tenant will at such time remove all of Tenant's Personal Property from the Property and, if Landlord so requires, all specified Alterations Tenant placed on the Property and all telephone and data wiring installed in the Premises. Tenant will promptly repair any damage to the Premises or the Property caused by such removal. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, that Tenant is allowed to leave at the Property. Tenant releases and, to the fullest extent allowable under the Laws, will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any Claim resulting from Tenant's failure or delay in surrendering the Premises in accordance with this section, including, without limitation, any Claim made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien any succeeding occupant founded on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenantsuch delay. All personal property, trade fixtures and other property of Tenant not removed from any Premises on or before the abandonment of such Premises or on the expiration last day of the term Term is deemed abandoned. Landlord may remove all such abandoned property from the Property and cause its transportation and storage in a public warehouse or elsewhere at the cost and for the account of this Lease or sooner termination of this Lease with respect Tenant, and if Tenant fails to any Premises for any pay the storage charges therefor Landlord may cause shall conclusively such property to be deemed to have been abandoned and may be appropriated, sold, stored, destroyed sold or otherwise disposed of by Landlord without notice to, and without any further obligation to account to, Tenant or any other personaccounting to Tenant. Tenant shall pay to Landlord all expenses incurred in connection with the disposition will not be liable for damage, theft, misappropriation or loss of any such property or in excess of any amount received by Landlord from such disposition. While Tenant remains other manner in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionrespect thereto.

Appears in 1 contract

Samples: Lease Agreement (Brightpoint Inc)

Surrender of Premises. Upon On expiration of this Lease or within five (5) days after the earlier termination of the Term, Tenant shall surrender to Landlord the Premises in good condition (except for ordinary wear and tear, repair and maintenance which is the obligation of Landlord, and destruction to the Premises covered by Section 22). Tenant shall remove all its personal property within the above-stated time. Tenant shall perform all restoration made necessary by the removal of any alterations or Tenant’s personal property within the time periods stated in this paragraph. Landlord may elect to retain or dispose of in any manner any alterations or any of Tenant’s personal property that Tenant does not remove from the Premises on expiration or termination of the term of as allowed or required by this Lease for whatever cause by giving at least ten (10) days’ notice to Tenant. Title to any such alterations or any of Tenant’s personal property that Landlord elects to retain or dispose of on expiration of the ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any Premises, damage to Tenant resulting from Landlord’s retention or upon the exercise by Landlord disposition of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession such alterations or any of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay be liable to Landlord all expenses incurred in connection with the disposition of such property in excess for Landlord’s costs for storing, removing, and disposing of any amount received by Landlord from such disposition. While Tenant remains in possession alterations or any of any Premises after such expiration with LandlordTenant’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Termpersonal property. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionLandlord on expiration or five (5) days after termination of the term as required by this paragraph, Tenant shall indemnify and hold Landlord harmless from all claims, liability and damages resulting from Tenant’s failure to surrender the Premises, including, without limitation, claims made by a succeeding tenant resulting from Tenant’s failure to surrender the Premises.

Appears in 1 contract

Samples: Lease Agreement (eHealth, Inc.)

Surrender of Premises. (a) Upon the expiration or termination of the term of this Lease for whatever cause for any Premises, by lapse of time or otherwise or upon the exercise by Landlord earlier termination of its Tenant’s right to re-enter any Premises without terminating this Leaseof possession, Tenant shall immediatelyquit and surrender possession of the Leased Premises to Landlord, quietly broom clean, in the same condition as upon delivery of possession to Tenant hereunder, normal wear and peaceably surrender tear and fire and casualty excepted; provided, however, Tenant shall deliver to Landlord any and all insurance proceeds Tenant receives for damage to its Tenant’s improvements to the Leased Premises. Before surrendering possession of the Leased Premises, Tenant shall, without expense to Landlord, remove all signs, furnishings, equipment (including all communication and other cables), trade fixtures, merchandise and other personal property installed or placed in the Leased Premises and all debris and rubbish, and Tenant shall repair all damage to the Leased Premises resulting from such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If removal; provided if Tenant is then in default under this Lease, Landlord Tenant shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, not remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of such item unless Tenant not removed receives written directions from any Premises on Landlord authorizing or directing the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Termremoval thereof. If Tenant fails to surrender possession remove any of the Premises signs, furnishings, equipment, trade fixtures, merchandise and other personal property installed or placed in the condition herein requiredLeased Premises by the expiration or termination of this Lease, then Landlord may, after written notice to Tenant, at Tenant’s expenseits sole option, restore (i) treat Tenant as a holdover, in which event the provisions of this Lease regarding holding over shall apply, (ii) deem any or all of such items abandoned and the sole property of Landlord, or (iii) remove any and all such items and dispose of same in any manner. Tenant shall pay Landlord on demand any and all expenses incurred by Landlord in the removal of such items, including, without limitation, the cost of repairing any damage to the Leased Premises or the Building caused by such removal and storage charges. (if Landlord elects to store such conditionproperty).

Appears in 1 contract

Samples: Sublease Agreement (Cumberland Pharmaceuticals Inc)

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at the expiration or earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary reasonable wear and tear, permitted Alterations and damage by insured casualty (subject or condemnation excepted, and will surrender all keys to ARTICLE 15) the Premises to Property Manager or to Landlord at the place then fixed for Tenant's payment of Basic Rent. Tenant will also inform Landlord of all combinations on locks, safes and repairs vaults, if any, in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord so requests. all Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair any damage to be made the Premises caused by such removal. Any and all such property not removed by Tenant. at Landlord's option. becomes Landlord's exclusive property and Landlord under this Leasemay dispose of such property at Tenant's sole cost and expense without further notice to or demand upon Tenant. If Tenant is does not surrender the Premises in default under accordance with this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12Section, Tenant maywill indemnify, defend, protect and hold harmless Landlord may require Tenant tofrom and against any Claim resulting from Tenant's delay in so surrendering the Premises, remove including, without limitation, any personal propertyClaim made by any succeeding occupant founded on such delay. Except for the Antennae as hereafter provided, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other all property of Tenant not removed from any Premises on or before the abandonment last day of such Premises or on the Term is deemed abandoned. Within thirty (30) days after the expiration of the term Term, Tenant shall be permitted access to the roof of this Lease or sooner the Building in order to remove the Antennae as provided in Section 6.1.8 hereof, but if not then removed, the Antennae shall be deemed abandoned. Tenant appoints Landlord as Tenant's agent to remove, at Tenant's sole cost and expense, all of Tenant's property from the Premises upon termination of this Lease with (except as aforesaid in respect to any Premises the Antennae) and to cause its transportation and storage for any cause shall conclusively be deemed to have been abandoned Tenant's benefit, all at the sole cost and may be appropriated, sold, stored, destroyed or otherwise disposed risk of by Landlord without notice toTenant, and without Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred manner in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionrespect thereto.

Appears in 1 contract

Samples: Multitenant Office Deed of Lease Agreement (Sm&a Corp)

Surrender of Premises. Upon Except in the case of condemnation described in subsection 12(a), at the expiration or sooner termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default thereto under this Lease, reasonable wear and tear excepted, and shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent and shall have a lien inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises. Tenant shall at such time remove all Tenant’s personal property's Property, trade fixtures as well as any alterations or improvements, if requested to do so by Landlord and other shall repair any damage to the Leased Premises caused thereby, and any or all of such properly not so removed shall, at Landlord's option, become the exclusive property as set forth in Section 38-3-1of Landlord or be disposed of by Landlord, et seq.at Tenant's cost and expense, without further notice to or demand upon Tenant. Tenant agrees that if Tenant does not surrender the Lease Premises to Landlord at the end term of this Lease, then Tenant will pay to Landlord, to the extent permitted by law, one hundred fifty percent (150%) of the Utah Code Xxxamount of the rent paid by Tenant for the last full month of the term for each month or portion thereof that Tenant holds over, unless such holdover is expressly permitted in advance by Landlord in writing. (or any replacement provision)Furthermore, subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12at all times, Tenant mayshall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Leased Premises including, and Landlord may require Tenant towithout limitation, remove any personal property, equipment, trade fixtures and other property owned claims made by any succeeding occupant founded on such delay. Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises 's obligation to observe or on perform this covenant shall survive the expiration or other termination of the term of this Lease. No receipt of money by Landlord from Tenant after termination of this Lease or the service of any notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the term of this Lease or sooner termination of this Lease with respect to affect any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriatedsuch Notice, solddemand, stored, destroyed suit or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionjudgment.

Appears in 1 contract

Samples: Lease (Aviation Sales Co)

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Surrender of Premises. Upon At the expiration of the Term of this Lease or earlier termination of this Lease, Tenant shall surrender the Premises in the same condition as the same were in upon delivery of possession thereto at the Commencement Date of the term of this Lease for whatever cause for any PremisesLease, or upon the exercise by Landlord reasonable wear and tear excepted. Tenant shall at such time remove all of its right property therefrom and all equipment, alterations and improvements placed thereon by Tenant. Tenant shall repair any damage to re-enter the Premises caused by such removal, and any and all such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. If the Premises without terminating this Leasebe not surrendered as above set forth, Tenant shall immediatelyindemnify, quietly protect, defend and peaceably surrender to hold Landlord possession of such Premises “broom clean” and harmless against loss or liability resulting from the delay by Tenant in good orderso surrendering the Premises, condition and repairincluding, except only for ordinary wear and tearwithout limitation, damage by casualty (subject to ARTICLE 15) and repairs to be any claim made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien any succeeding occupant founded on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenantsuch delay. All personal property, trade fixtures and other property of Tenant not removed from any Premises on within thirty (30) days after the abandonment of such Premises or on the expiration last day of the term Term of this Lease or sooner shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove, at Tenant's cost, all property of Tenant from the Premises upon termination of this Lease with respect and to any Premises cause its transportation and storage for any cause shall conclusively be deemed to have been abandoned Tenant's benefit, all at the sole cost and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations risk of Tenant under this Leaseand Landlord shall not be liable for damage, except that the Monthly Rent theft, misappropriation or loss thereof and Landlord shall not be one hundred ten percent (110%) of the Monthly Rent liable in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains any manner in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionrespect thereto.

Appears in 1 contract

Samples: Lease Agreement (Petco Animal Supplies Inc)

Surrender of Premises. Upon the expiration or sooner termination of the term of this Sublease, Subtenant shall quit and surrender the Premises to Sublandlord, in the manner and condition prescribed therefor in the Master Lease, and Subtenant shall not hold-over in possession, or make any application to so hold-over, for any reason whatsoever. If the Premises are not surrendered and vacated as and at the time required by this Sublease (time being of the essence), Subtenant shall be liable to Sublandlord for (a) all losses and damages which Sublandlord may incur or sustain by reason thereof, including, without limitation, reasonable attorneys’ fees and any direct, consequential or punitive damages for which Sublandlord may be liable, and Subtenant shall indemnify Sublandlord against all claims made by any succeeding subtenants or by Master Landlord against Sublandlord or otherwise arising out of or resulting from the failure of Subtenant timely to surrender and vacate the Premises in accordance with the provisions of this Sublease, and (b) per diem use and occupancy in respect of the Premises equal to two times the Fixed Rent and Additional Rent payable hereunder for the last month of the term of this Sublease (which amount Sublandlord and Subtenant presently agree is the minimum to which Sublandlord would be entitled and is presently contemplated by them as being fair and reasonable under such circumstances and not a penalty). In no event shall any provision hereof or otherwise be construed as permitting Subtenant to hold over in possession of the Premises after expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant mayhereof, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned no acceptance by Tenant. All personal property, trade fixtures and other property Sublandlord of Tenant not removed payments from any Premises on Subtenant after the abandonment of such Premises or on the expiration of the term of this Lease Expiration Date or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant Term shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all other than on account of the amount to be paid by Subtenant in accordance with the provisions of this Article 22. All of Subtenant’s obligations of Tenant under this Lease, except that Article shall survive the Monthly Rent shall be one hundred ten percent (110%) expiration or earlier termination of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession Term of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionSublease.

Appears in 1 contract

Samples: Agreement of Sublease (PRN Corp)

Surrender of Premises. Upon On expiration or sooner termination of the Term, Tenant shall surrender to Landlord the Leased Premises and all Tenant's improvements and alterations, broom clean, in good order, condition, and repair, except for ordinary wear and tear or condemnation or destruction of the Leased Premises, and except for trade fixtures that Tenant has removed. Tenant shall also deliver to Landlord all keys to the Leased Premises and the combination to any safe, remove all its personal property, and make all repairs and reimbursements required pursuant to this Lease; provided, however, Tenant may not remove its personal property from the Leased Premises without Landlord's prior written consent, if Tenant is in breach or default hereunder. Landlord may elect to retain or dispose of in any manner any unapproved alterations or Tenant's personal property that Tenant does not remove from the Premises on expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this LeaseTerm. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject Title to any lien waiver such unapproved alterations or subordination previously executed by Landlord. In addition Tenant's personal property that Landlord elects to the provisions retain or dispose of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the after expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises Term shall vest in Landlord. Tenant waives all claims against Landlord for any cause shall conclusively be deemed damage to have been abandoned and may be appropriated, sold, stored, destroyed Tenant resulting from Landlord's retention or otherwise disposed disposition of by Landlord without notice to, and without any obligation to account to, Tenant such unapproved alterations or any other personpersonal property. Tenant shall pay be liable to Landlord all expenses incurred in connection with the disposition for Landlord's costs of such property in excess storing, removing, and disposing of any amount received by unapproved alterations or Tenant's personal property which Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed does not elect to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionacquire.

Appears in 1 contract

Samples: Netcenter Full Service Office Lease (Portfolio Recovery Associates Inc)

Surrender of Premises. Upon the Tenant, upon expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediatelyeither by lapse of time or otherwise, quietly and agrees peaceably to surrender to Landlord possession of such Premises “the Premises, including the alterations, additions, improvements and changes in fixtures other than tenant’s movable trade fixtures, in broom clean” clean condition and in good order, condition and repair, except only for Landlord’s obligations, damage caused by acts of God, ordinary use and wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (fire or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Termcasualty. If Tenant fails to surrender possession the Premises upon the expiration or termination of this Lease, Tenant shall indemnify and hold harmless Landlord from loss or liability resulting from such failure, including, without limitation, any claims made by any succeeding tenant arising out of said failure. The voluntary or other surrender of this Lease by Tenant to Landlord, or a mutual termination thereof, shall not work a merger, and shall at the option of the Premises in Landlord operate as an assignment to it of any or all subleases or subtenancies affecting the condition Premises. At the time of surrender Tenant shall remove its moveable trade fixtures, signs and removable personal property, and all such property belonging to any person claiming through or under Tenant, except as herein requiredset forth, and if Tenant fails to so remove said property, same shall be deemed abandoned to Landlord may remove and store same at Tenants expense. If Tenant shall fail to pay the cost of removing and storing any such property after thirty (30) days, Landlord maymay sell any or all of such property at public or private sale, in such manner and at Tenant’s expensesuch times and places as Landlord, restore its sole discretion, may deem proper, without notice to or demand upon Tenant and Landlord shall apply the Premises proceeds to the costs and expenses of such conditionsale, including attorneys fees, the costs of removing and storage and any other sums then due from Tenant to Landlord.

Appears in 1 contract

Samples: Lease Agreement (1st Centennial Bancorp)

Surrender of Premises. Upon At the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this LeaseTerm, Tenant shall immediatelysurrender the Premises in the same condition as the same were in on the Commencement Date, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary reasonable wear and teartear excepted, permitted alterations and damage by casualty (subject or condemnation excepted, and shall surrender all keys to ARTICLE 15) the Premises to Landlord's managing agent or to Landlord at the place then fixed for the payment of Base Rent and repairs to be made shall inform Landlord of all combinations on locks, safes and vaults, if any. Tenant shall at such time remove all of its property therefrom and all alterations and improvements placed thereon by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed if so requested by Landlord. In addition Tenant shall repair any damage to the provisions Premises caused by such removal, and any and all such property not so removed shall, at Landlord's option, become the exclusive property of ARTICLE 12Landlord or be disposed of by Landlord at Tenant's cost and expense without further notice to or demand upon Tenant. If the Premises are not surrendered as above set forth, Tenant mayshall indemnify, defend (with counsel reasonably acceptable to Landlord) and protect Landlord against, and hold Landlord may require free and harmless from, any Claim resulting from the delay by Tenant toin so surrendering the Premises, remove including without limitation, any personal property, equipment, trade fixtures and other property owned claim made by Tenantany succeeding occupant founded on such delay. All personal property, trade fixtures and other property of Tenant not removed from any Premises on or before the abandonment of such Premises or on the expiration last day of the term Term shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove, at Tenant's cost, all property of this Lease or sooner Tenant from the Premises upon termination of this Lease with respect and to any Premises cause its transportation and storage for any cause shall conclusively be deemed to have been abandoned Tenant's benefit, all at the sole cost and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations risk of Tenant under this Leaseand Landlord shall not be liable for damage, except that the Monthly Rent theft, misappropriation or loss thereof and Landlord shall not be one hundred ten percent (110%) of the Monthly Rent liable in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains any manner in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionrespect thereto.

Appears in 1 contract

Samples: Lease Agreement (Primis Inc)

Surrender of Premises. Upon At the expiration or termination of the term of this Lease Lease, Tenant shall surrender the Premises in the same condition it was in upon delivery of possession on the Commencement Date, reasonable wear and tear excepted, shall surrender all keys to the Premises to Landlord at the place then fixed for whatever cause for any Premises, or upon the exercise by payment of Fixed Rent and shall inform Landlord of its right to re-enter all combinations on any Premises without terminating locks, safes and vaults. On or before expiration or termination of this Lease, Tenant shall immediatelyremove all of its personal property and any fixtures, quietly alterations and peaceably surrender improvements installed by Tenant which Landlord directs Tenant to Landlord possession remove (other than Landlord's Improvements). Tenant shall repair any damage to the Premises caused by such removal and restore the affected Portions of the Premises. Tenant shall be liable for Fixed Rent and Addition Rent until the removal, repair and restoration has been completed. Any and all such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures alterations and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (improvements not so removed within 30 days after expiration or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively shall, at Landlord's option, become the exclusive property of Landlord or be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord Landlord, at Tenant's cost, without further notice to, and without any obligation to account to, Tenant or any other persondemand upon Tenant. Tenant agrees that its failure to remove any such property, alterations or improvements within 30 days after the expiration or earlier termination of this Lease shall pay be conclusive evidence of Tenant's intention to Landlord all expenses incurred in connection with abandon the disposition of such property in excess of any amount received by Landlord from such dispositionsame. While Tenant remains in possession of any If the Premises after such expiration with Landlord’s prior written consentis not surrendered as set forth above, Tenant shall be deemed indemnify, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any claim made by any succeeding occupant based upon such delay. Tenant's obligation to be occupying such Premises as a month-to-month tenant, subject to all observe or perform this covenant shall survive the expiration or other termination of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 1 contract

Samples: Net Lease Agreement (Primex Technologies Inc)

Surrender of Premises. Upon At the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord termination of its Tenant’s right to re-enter any Premises without terminating this Leaseof possession, Tenant shall immediately, quietly and peaceably surrender immediately deliver to Landlord possession of such the Premises “broom clean” and with all improvements located thereon in good orderrepair and condition, condition and repair, except only for ordinary reasonable wear and teartear excepted (and condemnation and Casualty damage not caused by Tenant, damage by casualty (subject as to ARTICLE 15) which Sections 16 and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord 17 shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provisioncontrol), subject and shall deliver to Landlord all keys to the Premises and access cards to the Building. Subject to any lien waiver rights, security interest or subordination previously executed by Landlord. In addition to the provisions other rights of ARTICLE 12Landlord in connection with an Event of Default, Tenant shall, at its sole cost, remove all trade fixtures, furniture, and personal property owned or otherwise placed in the Premises by Tenant. Additionally, at Landlord’s request, Tenant shall, at its sole cost and expense, promptly remove from the Premises and the Building such alterations, additions, and improvements installed by or on behalf of Tenant. Tenant shall repair, at Tenant’s sole cost, all damage caused by any removal required hereunder. To the extent Tenant fails to perform the foregoing obligations in a timely manner, Landlord may, and Landlord may require Tenant toat Landlord’s election, remove any personal propertyitems remaining and repair all damage caused thereby and Tenant shall pay the cost therefor. At Landlord’s election, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause items remaining shall conclusively be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed destroyed, or otherwise disposed of by Landlord without notice to, to Tenant and without any obligation to account tofor such items, all at Tenant’s sole cost and expense. If Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with vacates the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consentPremises, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore have peacefully surrendered the Premises to such conditionLandlord notwithstanding that Tenant may have failed to fully perform its obligations under this Section. The provisions of this Section shall survive the end of the Term.

Appears in 1 contract

Samples: Lease Agreement

Surrender of Premises. Upon On or before the expiration or termination date of the term of this Lease for whatever cause for any PremisesLease, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Leaserenewal or extension thereof, or any earlier termination,thereof, Tenant shall immediatelydemand, quietly and peaceably surrender to Landlord peacefully deliver possession of such the Leased Premises to Landlord, broom clean, and free of all trash, garbage and debris, in as good ordercondition as existed when Tenant took possession, condition and repair, except only for ordinary reasonable wear and tear, damage by and insured casualty (subject damages excepted, and shall surrender all keys for the Leased Premises to ARTICLE 15) Landlord at the place then fixed for the payment of rent, and repairs to be made by shall inform Landlord under this Leaseof all combinations on locks, safes and vaults, if any, in the Leased Premises. If On or before said termination date, Tenant is in default under this Lease, Landlord shall have a lien on remove all Tenant’s 's personal property, property and trade fixtures and other from the Leased Premises. All personal property as set forth in Section 38-3-1or trade fixtures not removed by Tenant, et seq.shall, of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by upon said termination date become Landlord. In addition to the provisions of ARTICLE 12, Tenant may's property, and Landlord may require Tenant tomay, remove at its option, either retain any personal propertyproperty and trade fixtures, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property or dispose of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant all or any other personportion of them at Tenant's sole cost and expense. Tenant shall pay to reimburse Landlord upon demand for all Landlord's expenses incurred in connection with disposing of Tenant's personal properly and trade fixtures, or removing any of Tenant's trash, garbage and debris from the disposition Leased Premises, or Building and Real Property of such property in excess which the Leased Premises forms a part. This obligation shall survive the termination of any amount received by Landlord from such dispositionthis Lease. While Tenant remains in possession If this Lease terminates as a result of any Premises after such expiration with Landlord’s prior written consentan insured casualty, Tenant shall be deemed is not obligated to be occupying such Premises as repair or restore the Leased Premises, but-Landlord is entitled to a month-to-month tenant, subject to all portion of the obligations proceeds from Tenant's insurance, sufficient to reimburse Landlord for the reasonable cost of Tenant under this Lease, except that restoring the Monthly Rent shall be one hundred ten percent (110%) interior of the Monthly Rent in effect Leased Premises to the condition existing immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditioncasualty.

Appears in 1 contract

Samples: Standard Lease (Vidkid Distribution Inc)

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at the expiration or earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary reasonable wear and tear, Casualty and Taking excepted, and will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise directs. Tenant will at such time remove all of Tenant’s Personal Property from the Property and, if Landlord so requires, all specified Alterations Tenant placed on the Property. Tenant will promptly repair any damage to the Premises or the Property caused by casualty such removal. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, that Tenant is allowed to leave at the Property. Tenant releases and will indemnify, protect, defend (subject with counsel reasonably acceptable to ARTICLE 15Landlord) and repairs to be hold harmless Landlord from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section, including, without limitation, any Claim made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien any succeeding occupant founded on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenantsuch delay. All personal property, trade fixtures and other property of Tenant not removed from any Premises on or before the abandonment of such Premises or on the expiration last day of the term Term is deemed abandoned. Landlord may remove all such abandoned property from the Property and cause its transportation and storage in a public warehouse or elsewhere at the cost and for the account of this Lease or sooner termination of this Lease with respect Tenant, and if Tenant fails to any Premises for any pay the storage charges therefor Landlord may cause shall conclusively such property to be deemed to have been abandoned and may be appropriated, sold, stored, destroyed sold or otherwise disposed of by Landlord without notice to, and without any further obligation to account to, Tenant or any other personaccounting to Tenant. Tenant shall pay to Landlord all expenses incurred in connection with the disposition will not be liable for damage, theft, misappropriation or loss of any such property or in excess of any amount received by Landlord from such disposition. While Tenant remains other manner in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionrespect thereto.

Appears in 1 contract

Samples: Tenant Lease Agreement (SXC Health Solutions Corp.)

Surrender of Premises. Upon the expiration of the Term, or sooner termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly quit and peaceably surrender to Landlord possession of such Premises “the Premises, broom clean” and , in as good orderor better condition than existed at the date possession was delivered to Tenant, condition and repair, except only for ordinary normal wear and tear, tear and damage by fire or other casualty (subject to ARTICLE 15) or by condemnation excepted, and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition prior to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect Tenant shall remove from the Premises any Alterations that Tenant is required by Landlord to any Premises for any cause remove under the provisions of this Lease, and all of Tenant's furniture, equipment and other personal property (including, without limitation, all voice and data and other wiring and cabling installed after the Commencement Date) and trade fixtures. Any property not removed shall conclusively be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed retained or otherwise disposed of by Landlord at Tenant's expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed from the Premises by Tenant may be handled or stored by Landlord at Tenant's expense and Landlord shall not be liable for the value, preservation or safekeeping thereof. At Landlord's option all or part of such property may be conclusively deemed to have been conveyed by Tenant to Landlord as if by xxxx of sale without notice to, and without payment by Landlord. Neither the provisions of this Article 14 nor any other provision of this Lease shall impose upon Landlord any obligation to account tocare for or preserve any of Tenant's property left upon the Premises, and Tenant hereby waives and releases Landlord from any claim or any other person. Tenant shall pay to Landlord all expenses incurred liability in connection with the disposition removal of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in and the condition herein required, Landlord may, at Tenant’s expense, restore storage thereof and specifically waives the Premises provisions of California Civil Code Section 1542 with respect to such conditionrelease. Tenant hereby waives to the maximum extent allowable the benefit of all laws now or hereafter in force in this state or elsewhere exempting property from liability for rent or for debt.

Appears in 1 contract

Samples: Sublease (Aerohive Networks, Inc)

Surrender of Premises. Upon the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on At the expiration of the term of this Lease Lease, Tenant shall surrender the Premises in the same condition it was in upon delivery of possession on the Commencement Date, reasonable wear and tear and insured casualty excepted, shall surrender all keys to the Premises to Landlord at the place then fixed for the payment of Fixed Rent and shall inform Landlord of all combinations on any locks, safes and vaults. Tenant shall at such time remove all of its personal property and any fixtures, alterations and improvements installed by Tenant which Landlord directs Tenant to remove (other than Landlord's Improvements and subject to the terms of Section 8.3). Tenant shall repair any damage to the Premises caused by such removal. Any and all such property, alterations and improvements not so removed shall, at Landlord's option, become the exclusive property of Landlord or sooner be disposed of by Landlord, at Tenant's cost, without further notice to or demand upon Tenant. Tenant agrees that its failure to remove any such property, alterations or improvements within 30 days after the expiration or earlier termination of this Lease with respect shall be conclusive evidence of Tenant's intention to any abandon the same. If the Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consentis not surrendered as set forth above, Tenant shall be deemed indemnify, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any claim made by any succeeding occupant based upon such delay. Tenant's obligation to be occupying such Premises as a month-to-month tenant, subject to all observe or perform this covenant shall survive the expiration or other termination of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 1 contract

Samples: Net Lease Agreement (Apex Pc Solutions Inc)

Surrender of Premises. Upon the expiration or earlier termination of the term Term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly peaceably quit and peaceably surrender to Landlord possession of such the Premises “broom clean” in neat and clean condition and in good order, condition and repair, except together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease, excepting only for damage due to Landlord’s breach of its obligations hereunder or Landlord’s gross negligence or willful misconduct, ordinary wear and tear, use and damage by fire or other casualty (subject to ARTICLE 15) and repairs to be made by Landlord for which, under this Lease. If Tenant is in default under other provisions of this Lease, Landlord Tenant has no responsibility of repair or restoration. Tenant shall have a lien on remove all of Tenant’s personal propertyRemovable Property and, trade fixtures and other property to the extent specified by Landlord as set forth provided in Section 38-3-15.2, et seq., of all alterations and additions made by Tenant and all partitions wholly within the Utah Code Xxx. (or Premises unless installed initially by Landlord in preparing the Premises for Tenant’s occupancy; and shall repair any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition damages to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned Premises or the Building caused by such removal. Any Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on ’s Removable Property which shall remain in the abandonment of such Premises Building or on the Premises after the expiration or termination of the term Term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed conclusively to have been abandoned abandoned, and either may be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of by in such manner as Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord maymay see fit, at Tenant’s sole cost and expense, restore the Premises to such condition.

Appears in 1 contract

Samples: Bright Horizons Family Solutions Inc.

Surrender of Premises. Upon the expiration of the Term, or sooner ---------------------- termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly quit and peaceably surrender to Landlord possession of such Premises “the Premises, broom clean” and , in good orderorder and condition, condition and repair, except only for ordinary normal wear and tear, tear and damage by fire and other casualty (subject to ARTICLE 15) excepted. All leasehold improvements and repairs to be made by Landlord under this Lease. If Tenant is in default under this Leaseother fixtures, Landlord shall have a lien on Tenant’s personal property, trade such as light fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, HVAC equipment, trade fixtures wall coverings, carpeting and other drapes, in or serving the Premises, whether installed by Tenant or Landlord, shall be Landlord's property owned by and shall remain, all without compensation, allowance or credit to Tenant. All personal property, trade fixtures and other Any property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed retained or otherwise disposed of by Landlord without notice toat Tenant's expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed from the Premises by Tenant may be handled or stored by Landlord at Tenant's expense and without any obligation to account toLandlord shall not be liable for the value, Tenant preservation, or any other personsafekeeping thereof. Tenant shall pay to Landlord At Landlord's option all expenses incurred in connection with the disposition or part of such property may be conclusively deemed to have been conveyed by Tenant to Landlord as if by bill of sale without payment by Landlord. The Tenant hereby waivex xx the maximum extent allowable the benefit of all laws now or hereafter in excess of any amount received by Landlord force in this state or elsewhere exempting property from such dispositionliability for rent or for debt. While Tenant remains in possession of any Tenant's Liebert air cooling unit presently located on the Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as equipment owned by Tenant, and not a month-to-month tenantleasehold improvement or fixture. Tenant shall, subject to all upon the termination of the obligations of Tenant under this Lease, except Lease with respect to that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession portion of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore where such Liebert unit is located remove such Liebert unit and repair any damage to the Premises to caused by such conditionremoval.

Appears in 1 contract

Samples: Office Lease (St Mary Land & Exploration Co)

Surrender of Premises. Upon At the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this LeaseTerm, Tenant shall immediatelysurrender the Premises to the Landlord suitable for general office and lab use only and in a first class condition, quietly reasonable wear and peaceably tear excepted. All hazardous materials shall be removed, premises shall be free of contamination as s discussed in article 6 Hazardous Materials. Tenant shall surrender all keys to the Premises to Landlord’s managing agent or to Landlord possession at the place then fixed for the payment of such Premises “broom clean” Base Rent and in good ordershall inform Landlord of all combinations on locks, condition safes and repairvaults, except only for ordinary wear if any. Tenant shall remove all of its property there from and tear, damage all alterations and improvements placed thereon by casualty (subject Tenant including but not limited to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal propertylaboratory installations, trade fixtures and other property equipment, machinery, etc. as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed directed by Landlord. In addition Tenant shall repair any damage to the provisions Premises caused by such removal, and any and all such property not so removed shall, at Landlord’s option, become the exclusive property of ARTICLE 12Landlord or be disposed of by Landlord at Tenant’s cost and expense without further notice to or demand upon Tenant. If the Premises are not surrendered as above set forth, Tenant mayshall indemnify, defend (with counsel reasonably acceptable to Landlord) and protect Landlord against, and hold Landlord may require free and harmless from, any Claim resulting from the delay by Tenant toin so surrendering the Premises, remove including without limitation, any personal property, equipment, trade fixtures and other property owned claim made by Tenantany succeeding occupant founded on such delay. All personal property, trade fixtures and other property of Tenant not removed from any Premises on or before the abandonment of such Premises or on the expiration last day of the term Term shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove, at Tenant’s cost, all property of this Lease or sooner Tenant from the Premises upon termination of this Lease with respect and to any Premises cause its transportation and storage for any cause shall conclusively be deemed to have been abandoned Tenant’s benefit, all at the sole cost and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations risk of Tenant under this Leaseand Landlord shall not be liable for damage, except that the Monthly Rent theft, misappropriation or loss thereof and Landlord shall not be one hundred ten percent (110%) of the Monthly Rent liable in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains any manner in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionrespect thereto.

Appears in 1 contract

Samples: Office Lease Agreement (Sunpower Corp)

Surrender of Premises. HOLDING OVER Upon the expiration or termination of the term or the termination of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its Tenant's right to re-enter any Premises without terminating this Leaseof possession, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such the Premises “broom clean” and all tenant improvements and alterations (except alterations which Tenant has the right or obligation to remove) in good order, condition and repaircondition, except only for ordinary wear and tear. RIDER NO. 41 Tenant shall remove all personal property including, damage by casualty (subject to ARTICLE 15) without imitation, all wallpaper, paneling and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade other decorative improvements or fixtures and other shall perform all restoration made necessary by the removal of any alterations or Tenant's personal property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on before the expiration of the term term, including for example, restoring all wall surfaces to their condition prior to the commencement of this Lease. RIDER NO. 42 Landlord can elect to retain or dispose of in any manner Tenant's pexxxxxx property not removed from the Premises by Tenant prior to the expiration of the term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's xxxention or disposition of Tenant's pexxxxxx property. Tenant shall be liable to Landlord for Landlord's costs for storage, removal or disposal of Tenant's personal property. If Tenant failx xx xurrender the Premises upon the expiration of the term, or upon the termination of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed Tenant's right of by Landlord without notice to, and without any obligation to account topossession, Tenant shall defend, indemnify and hold Landlord harmless from all resulting loss or liability, including without limitation, any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of claim made by any amount received by Landlord succeeding tenant founded on or resulting from such dispositionfailure. While Tenant If Tenant, with Landlord's xxxxxxx, remains in possession of any the Premises after expiration of this Lease, such expiration with Landlord’s prior written consent, possession by Tenant shall be deemed to be occupying such Premises as a month-to-month tenanttenancy terminable on written 30-day notice at any time, subject to all by either party. All provisions of the obligations of Tenant under this Lease, except that those pertaining to term and rent, shall apply to the Monthly Rent month-to-month tenancy. Tenant shall be one hundred ten percent (110%) of the pay Base Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed an amount equal to be occupying such Premises as a tenant-at-sufferance, subject to all 150% of the obligations Base Monthly Rent for the last full calendar month during the regular term plus 100% of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails said last month's estimate of Tenant's share of Expenses pursuant to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionSection 4.3(3).

Appears in 1 contract

Samples: Medicalogic Inc

Surrender of Premises. Upon (a) At the expiration or termination end of the term or any renewal thereof or other sooner termination of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, the Tenant shall immediately, quietly and will peaceably surrender deliver up to the Landlord possession of such Premises “broom clean” and the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in good orderthe same conditions as received or first installed, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Leasefire, earthquake, act of God or the elements alone excepted. If Tenant is in default under shall, upon the termination of this Lease, Landlord remove all movable furniture and equipment belonging to Tenant, at Tenant's sole cost, title to which shall have a lien on be in name of Tenant until such termination, repairing any damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of title to the Utah Code Xxxsame shall thereupon pass to Landlord. (or any replacement provision), subject to any lien waiver or subordination previously executed Upon request by Landlord. In addition , Tenant shall remove, at Tenant's sole cost, any or all permanent improvements or additions to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned Premises installed by Tenant. All personal property, trade fixtures and other property or for the account of Tenant not removed and all movable furniture and equipment belonging to Tenant which may be left by Tenant and Tenant shall repair any damage resulting from any such removal and restore the Premises on to its original condition. Any and all property which Tenant fails to remove from the abandonment of such Premises or on the expiration of the term of this Lease or sooner Building upon termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriatedhandled, soldremoved and stored by or at the direction of Landlord, storedat the sole risk, destroyed or otherwise disposed cost and expense of by Landlord without notice toTenant, and without any obligation to account toLandlord shall in no event be responsible for the value, Tenant preservation or any other personsafekeeping thereof. Tenant shall pay to Landlord Landlord, upon demand, any and all expenses incurred in connection with the disposition of such removal and all storage charges against such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant so long as the same shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant in Landlord's possession or under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition's control.

Appears in 1 contract

Samples: The Lease (Logisticare Inc)

Surrender of Premises. Upon On or before the expiration or sooner termination of this Lease, Tenant shall surrender the Premises broom-clean and in the same condition as the Premises was in when Tenant first opened for business, reasonable wear and tear excepted, with Tenant’s trade fixtures, equipment and other personal property removed. Tenant shall deliver all keys for the Premises to Landlord and inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Notwithstanding the foregoing, Tenant shall not remove any machinery or trade fixtures that were furnished or paid for by Landlord (even if replaced by Tenant). If Tenant shall fail to remove its trade fixtures or other property, as provided herein, such property automatically shall be deemed abandoned by Tenant and, at the option of Landlord, shall become the property of Landlord or removed and disposed of by Landlord at Tenant’s expense. Tenant shall repair any damage caused by the installation and/or removal of any property described herein. Tenant shall not remove any plumbing, electrical fixtures or equipment, heating or air conditioning equipment, floor coverings, or installed fixtures, all of which shall be deemed to constitute a part of the real estate. In the event Tenant does not leave the Premises in the condition required by this Section, Tenant shall reimburse Landlord for the reasonable costs and expenses Landlord incurs in performing any of Tenant’s obligations hereunder (with interest at the Default Rate). Tenant’s obligations and covenants under this Section shall survive the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 1 contract

Samples: Office Lease Agreement (Surgical Care Affiliates, Inc.)

Surrender of Premises. Section 19.1. Upon the expiration or sooner termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” the Demised Premises, including, without limitation, all carpeting, additions, alterations, improvements, apparatus and fixtures, in good order, and broom clean condition and repair, except only for ordinary wear as aforesaid in Section 10.1 hereof; provided, however, that Tenant (i) shall be required to remove unattached and tear, damage by casualty (subject to ARTICLE 15) moveable and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and furniture and other personal property as set forth installed by Tenant and all Designated Alterations; and (ii) may be permitted to remove, upon written approval by Landlord, which approval shall not be unreasonably withheld, such other alterations, additions, improvements and fixtures installed by Tenant, and which are removable without material damage to the Demised Premises, and, in each instance, Tenant shall remove any Tenant's Work which has been designated in any notice from Landlord to Tenant in accordance with the provision of Section 38-3-1, et seq., 5.11 and restore the affected portion of the Utah Code Xxx. (Demised Premises to their original condition at Tenant's expense.. Any unattached moveable fixtures and furniture installed by Tenant not removed by Tenant upon the expiration or sooner termination of the Lease as aforesaid for any replacement provision), subject to any lien waiver or subordination previously executed by reason whatsoever shall become the property of Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require thereafter, at Tenant's sole cost and expense, cause such property to be removed from the Demised Premises. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant to, remove for any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other which becomes the property of Tenant not removed from any Premises on the abandonment Landlord as a result of such Premises expiration or on the expiration earlier termination nor shall Landlord's retention or sale of the term such property waive any of this Lease or sooner termination of this Lease Landlord's rights with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of default by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under the foregoing provisions of this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionSection.

Appears in 1 contract

Samples: Lease Agreement (Immunomedics Inc)

Surrender of Premises. Upon the expiration or sooner termination of the term of this Lease, including any extension or renewal hereof, and if Tenant has fully and faithfully performed all of the terms, conditions and covenants of this Lease for whatever cause for any Premisesto be performed by Tenant, or upon the exercise by Landlord but not otherwise, Tenant shall, at its sole cost and expense, remove its interior and exterior signs and all of its right movable trade fixtures and equipment and such other movable items Tenant has installed or placed on the Premises (all of which are hereinafter referred to re-enter any as "Tenant's property") from the Premises without terminating and repair all damages thereto resulting from such removal, and Tenant shall thereupon surrender the Premises in the same condition as they were on the date Tenant opened for business, except for permitted alterations and modifications as provided herein and reasonable wear and tear (including damage thereto which Tenant is not required to repair) excepted. If Tenant has not fully and faithfully performed all of the terms, conditions and covenants of this LeaseLease to be performed by Tenant, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such nevertheless remove Tenant's property from the Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty the manner aforesaid within fifteen (subject to ARTICLE 15) and repairs days after receipt of written direction to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by do so from Landlord. In addition the event Tenant shall fail to the provisions remove any of ARTICLE 12Tenant's property as provided herein, Tenant Landlord may, and Landlord may require Tenant but is not obligated to, remove any personal property, equipment, trade fixtures all of Tenant's property and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed repair all damage to the Premises resulting from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice toremoval, and without store the same in any obligation to account topublic or private warehouse, Tenant or any other personall at Tenant's expense. Tenant shall pay to Landlord all expenses incurred in connection with interest at the disposition rate of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (11010%) of the Monthly Rent in effect immediately before such expiration, termination or exercise storage costs per annum from the date of payment by Landlord. While Landlord shall have no liability to Tenant remains in possession of for any Premises after loss or damage to Tenant's property caused or resulting from such expiration, termination removal or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionotherwise.

Appears in 1 contract

Samples: Lease (Allergy Research Group Inc)

Surrender of Premises. Upon Except for changes resulting from eminent domain proceedings, at the expiration or sooner termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this LeaseTerm, Tenant shall immediately, quietly and peaceably surrender to Landlord the Property in the same condition as the Property were in upon delivery of possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default thereto under this Lease, reasonable wear and tear excepted, and shall surrender all keys for the Property to Landlord at the place then fixed for the payment of rent and shall have a lien inform Landlord of all combinations on locks, safes and vaults, if any, in the Property. Tenant shall at such time remove all of Tenant’s personal property's moveable equipment, machinery, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipmentas well as any alterations or improvements, trade fixtures if requested to do so by Landlord, and other shall repair any damage to the Property caused thereby, and any or all of such property owned not so removed shall, at Landlord's option, and to the extent permitted by Tenant. All personal propertyapplicable law, trade fixtures and other become the exclusive property of Tenant not removed from any Premises on the abandonment of such Premises Landlord or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord Landlord, at Tenant's sole cost and expense, without further notice to, and without any obligation to account to, Tenant or any other persondemand upon Tenant. In the event Tenant shall fail to pay to Landlord all expenses incurred in connection with the disposition of such property in excess cost of any amount received by such repair, Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, may do so and Tenant shall be deemed to be occupying such Premises as reimburse Landlord for the amount thereof within 5 days after receipt of a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Termbill therefor. If Tenant fails shall so surrender the Property, Xxxxxx shall indemnify Landlord against loss or liability resulting from the delay by Xxxxxx in so surrendering the Property including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to surrender possession observe or perform this covenant shall survive the expiration or other termination of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionLease Term.

Appears in 1 contract

Samples: Quality Dining Inc

Surrender of Premises. Upon At the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender deliver possession of the Premises to Landlord possession in as good condition as at the Commencement Date (but as altered or improved after such date in compliance with the requirements of such Premises “broom clean” and in good orderthis Lease), condition and repairor as the same may have been improved during the Term, except only for ordinary wear and tear, damage by resulting from fire or other casualty (subject to ARTICLE 15) or condemnation, and construction, maintenance, repairs and replacements required hereunder to be made completed by Landlord under this Leaseexcepted. If Tenant is installs improvements in default under this Lease, the Premises reasonably determined by Landlord shall have a lien on Tenant’s personal property, trade fixtures to be special or non-standard and other property as set forth in Section 38-3-1, et seq., advises Tenant at the time such improvements are made that Landlord will require the same to be removed at the end of the Utah Code Xxx. (or any replacement provision)Term, subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant toto remove such special or non-standard improvements and repair the Premises at Tenant’s sole cost and expense upon the termination of this Lease. Before surrendering possession of the Premises, Tenant shall, without expense to Landlord, remove any personal propertyall signs, furnishings, equipment, trade fixtures fixtures, merchandise and other personal property owned installed or placed in the Premises by Tenant (the “Tenant’s Personal Property”). All personal property, trade fixtures Tenant’s Personal Property shall be and other shall remain the property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriatedremoved by Tenant at any time during the Term; provided that, sold, stored, destroyed or otherwise disposed if any of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with LandlordTenant’s prior written consentPersonal Property is removed, Tenant shall be deemed to be occupying promptly repair any damage resulting from such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Termremoval. If Tenant fails to surrender possession remove any of the Premises in the condition herein requiredTenant’s Personal Property prior to expiration or termination of this Lease and such failure continues for ten (10) days following written notice thereof from Landlord to Tenant, then Landlord may, at its sole option, (a) deem any or all of such items abandoned, and, at Landlord’s option, title to such items shall pass to Landlord under this Lease as by a xxxx of sale, or (b) remove and dispose of all or any part of Tenant’s expensePersonal Property, restore in which event Tenant shall pay the reasonable cost of removal and disposal, including, without limitation, repairing any damage caused by such removal. Notwithstanding the foregoing, the parties to this Lease acknowledge the importance of complying with the National Electric Code, as amended from time to time, and all other applicable electric, fire and safety codes. Tenant shall promptly remove and properly discard any wiring and/or cabling installed for Tenant’s use to the extent required by applicable laws, codes, or regulations, before or as of the time of the surrender of the Premises, unless excused in writing by Landlord. Tenant hereby agrees that any such cabling or wiring installed during the Lease shall meet the requirements of the applicable electric, fire and safety codes. In the event that any wiring and/or cabling remains on the Premises upon surrender by Tenant, such items are deemed to be abandoned and may be removed and disposed of by Landlord as Landlord sees fit. To the extent Tenant is required to remove cabling and wiring pursuant to the provisions of this paragraph, all expenses of such conditionremoval and disposal shall be at Tenant’s sole cost and shall be payable on demand.

Appears in 1 contract

Samples: Lease Agreement (Amsurg Corp)

Surrender of Premises. Upon Tenant will surrender the Premises to Landlord at the expiration or earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary reasonable wear and tear, damage by casualty Casualty (subject to ARTICLE 15Landlord's rights with respect to Tenant Damage) and repairs Taking excepted, and will surrender all keys to be the Premises to Landlord at the place then fixed for Tenant's payment of Basic Rent or as Landlord otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord so requires and so notified Tenant at the time they were approved, all specified Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair any material damage to the Premises or the Property caused by such removal. Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any Claim resulting from Tenant's failure or delay in surrendering the Premises in accordance with this section, including, without limitation, any Claim made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien any succeeding occupant founded on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenantsuch delay. All personal property, trade fixtures and other property of Tenant not removed from any Premises on or before the abandonment of such Premises or on the expiration last day of the term Term is deemed abandoned. Landlord may remove all such abandoned property from the Premises and cause its transportation and storage in a public warehouse or elsewhere at the cost and for the account of this Lease or sooner termination of this Lease with respect Tenant, and if Tenant fails to any Premises for any pay the storage charges therefor Landlord may cause shall conclusively such property to be deemed to have been abandoned and may be appropriated, sold, stored, destroyed sold or otherwise disposed of by Landlord without notice to, and without any further obligation to account to, Tenant or any other personaccounting to Tenant. Tenant shall pay to Landlord all expenses incurred in connection with the disposition will not be liable for damage, theft, misappropriation or loss of any such property or in excess of any amount received by Landlord from such disposition. While Tenant remains manner in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionrespect thereto.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Fund Xiii L P)

Surrender of Premises. Upon the expiration of the Term, or sooner termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly quit and peaceably surrender to Landlord possession of such Premises “the Premises, broom clean” and , in good orderorder and condition, condition and repair, except only for ordinary normal wear and tear, tear and damage by fire and other casualty (subject excepted. All leasehold improvements that are not fixtures, and fixtures that can be removed by Tenant with the Premises repaired to ARTICLE 15) its original condition, reasonable wear and repairs to be made by Landlord under this Lease. If Tenant is in default under this Leasetear excepted, Landlord shall have a lien on Tenant’s personal property, trade such as light fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, HVAC equipment, trade fixtures wall coverings, carpeting and other drapes, in or serving the Premises, whether installed by Tenant or Landlord, shall be Tenant's property. Any property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the upon expiration of the term of this Lease Term, or sooner soon termination of this Lease with respect to any Premises for any cause the Lease, shall conclusively be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed retained or otherwise disposed of by Landlord without notice toat Tenant's expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed from the Premises by Tenant may be handled or stored by Landlord at Tenant's expense and without any obligation to account toLandlord shall not be liable for the value, Tenant preservation or any other personsafekeeping thereof. Tenant shall pay to Landlord At Landlord's option all expenses incurred in connection with the disposition or part of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall may be conclusively deemed to be occupying such Premises have been conveyed by Tenant to Landlord as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise if by bill xx sale without payment by Landlord. While The Tenant remains hereby waives to the maximum extent allowable the benefit of all laws now or hereafter in possession of any Premises after such expiration, termination force in this state or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily elsewhere exempting property from liability for rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionfor debt.

Appears in 1 contract

Samples: Mego Mortgage Corp

Surrender of Premises. Upon (a) At the expiration or termination end of the term or any renewal thereof or other sooner termination of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, the Tenant shall immediately, quietly and will peaceably surrender deliver up to the Landlord possession of such Premises “broom clean” and the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in good orderthe same conditions as received or first installed, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Leasefire, earthquake, act of God or the elements alone excepted. If Tenant is in default under shall, upon the termination of this Lease, remove all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, title to which shall be in name of Tenant until such termination, repairing any damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant, and title to the same shall thereupon pass to Landlord. Upon request by Landlord, Tenant shall remove, at Tenant’s sole cost, any or all permanent improvements or additions to the Premises installed by or for the account of Tenant and all movable furniture and equipment belonging to Tenant which may be left by Tenant and Tenant shall repair any damage resulting from such removal and restore the Premises to its original condition provided, however, that Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., give Tenant written notification of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by improvements that must be removed under Paragraph 2 of Exhibit “B” hereto at the time of Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment ’s approval of such drawings and, with respect to subsequent alterations, at the time of Landlord’s consent to such alteration, Any and all property which Tenant fails to remove from the Premises or on the expiration of the term of this Lease or sooner Building upon termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriatedhandled, soldremoved and stored by or at the direction of Landlord, storedat the sole risk, destroyed or otherwise disposed cost and expense of by Landlord without notice toTenant, and without any obligation to account toLandlord shall in no event be responsible for the value, Tenant preservation or any other personsafekeeping thereof. Tenant shall pay to Landlord Landlord, upon demand, any and all expenses incurred in connection with the disposition of such removal and all storage charges against such property so long as the same shall be in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant possession or under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditioncontrol.

Appears in 1 contract

Samples: Lease (Danger Inc)

Surrender of Premises. Upon the expiration or other termination of --------------------- this Lease, Tenant shall quit and surrender to Landlord the Demised Premises and every part thereof and all alterations, additions and improvements thereto, broom clean and in good condition and state of repair, reasonable wear and tear and insured casualty only excepted. Tenant shall remove all personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises (including but not limited to Tenant's voice and data equipment and back-up power equipment installed by Tenant at Tenant's cost, trade fixtures and furniture), and Tenant shall repair all damage to the Demised Premises, Building or Project caused by the removal of such property. If Tenant shall fail or refuse to remove all of Tenant's effects, personalty and equipment from the Demised Premises upon the expiration or termination of the term of this Lease for whatever any cause for any Premises, whatsoever or upon the exercise Tenant being dispossessed by Landlord process of its right to re-enter any Premises without terminating this Leaselaw or otherwise, Tenant such effects, personalty and equipment shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs be deemed conclusively to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other personfor them. Tenant shall pay to Landlord on demand any and all expenses incurred in connection with (net of the disposition of such property in excess of any amount net proceeds, if any, received by Landlord from the sale, if any, of such dispositionproperty or any portion thereof) incurred by Landlord in the removal of such property, including, without limitation, the cost of repairing any damage to the Building or Project caused by the removal of such property and storage charges (if Landlord elects to store such property). While Tenant remains in possession The covenants and conditions of this Article 30 shall survive any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all or termination of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 1 contract

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

Surrender of Premises. Upon the expiration or termination of the term this Lease, whether by lapse of this Lease for whatever cause for any Premisestime or otherwise, or upon the exercise by Landlord of its right the power to re-enter any and repossess the Leased Premises without terminating this Lease, as hereinbefore provided, Tenant shall immediately, quietly and peaceably at once surrender possession of the Leased Premises to Landlord possession in a condition and order of repair substantially similar to its original condition and order of repair upon the commencement of the lease term, reasonable wear and tear and damage by events of casualty excepted, and shall at once remove all of Tenant’s personal property and trade fixtures from the Leased Premises. Upon any such termination, Tenant shall, as directed by Landlord, either remodel any addition to the Premises constructed by Tenant, so as to facilitate use of such addition for office operations or remove such addition from the Leased Premises. Any such remodeling or removal of any addition to the Leased Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to shall be made by Landlord under this LeaseTenant at its sole cost and expense. If If, upon any such termination, Tenant is in default under this Leasedoes not at once surrender possession of the Leased Premises and remove such of its property as allowed by Landlord, Landlord shall have a lien on may forthwith re-enter and repossess the same and remove all of Tenant’s personal property without being guilty of trespass or of forceful entry or detainer or without incurring any liability to Tenant for loss or damage to Tenant’s property. Upon any such removal of Tenant’s property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause it shall conclusively be deemed considered to have been abandoned and may either be appropriated, sold, stored, destroyed retained by Landlord as its property or otherwise may be disposed of at public or private sale as Landlord sees fit. If any such property is either sold at public or private sale or retained by Landlord, the proceeds of any such sale or the then current fair market value of the property, as the case may be, shall be applied by Landlord without notice toagainst Landlord’s expenses of removal, storage or sale of such property, the arrears of rent and other charges or future rent and other charges payable hereunder, and without any obligation to account to, Tenant or any other persondamages to which Landlord may be entitled hereunder. Tenant shall pay repair, at its sole cost and expense, any damage to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord Leased Premises resulting from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord removal of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises property as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such conditionallowed hereunder.

Appears in 1 contract

Samples: Commercial Lease Agreement (Advant E Corp)

Surrender of Premises. Upon the expiration of the Term or other termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediatelyshall, quietly at its own cost, (a) promptly and peaceably surrender the Premises to Landlord possession of such Premises “"broom clean” and ," in good orderorder and condition, condition and repair, except only for ordinary wear and teartear excepted; (b) repair any damage to the Premises caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant; (c) repair, damage patch and pain in a good and workmanlike manner satisfactory to Landlord all holes and other marks in the floors, walls and ceilings of the Premises to Landlord's reasonable satisfaction; and (d) deliver all keys to the Premises to Landlord. Before surrendering the Premises, Tenant shall, at its sole cost, remove its movable personal property only, and all other property shall, unless otherwise directed by casualty (subject to ARTICLE 15) Landlord, remain in the Premises and repairs to be made by become the property of Landlord without payment therefore; however, Tenant shall not remove any personal property, trade fixtures or other property fro the Premises without Landlord's prior written consent if such personal property, trade fixtures or other property is used in the operation of the Premises, the removal of such property, trade fixtures or other property will impair the structure of the Building, or Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxxproperty. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, to remove any personal property, equipmenttrade fixtures, trade fixtures other property, alterations, additions and other property owned improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed from any the Premises on upon the abandonment of such the Premises or on upon the expiration of the term of this Lease Term or sooner other termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, to Tenant or any other person and without any obligation to account to, Tenant or any other persontherefore. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from any such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises shall be effected by Landlord's acceptance of the keys or of this rent or by any other means whatsoever without Landlord's written acknowledgement of such acceptance as a surrender. Tenant shall not be released from Tenant's obligations under this Lease in the condition herein required, Landlord may, at Tenant’s expense, restore connection with surrender of the Premises until Landlord has inspected the Premises and delivered to such conditionTenant a written release.

Appears in 1 contract

Samples: Herbst Gaming Inc

Surrender of Premises. Upon the expiration of the Term, or sooner termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly quit and peaceably surrender to Landlord possession of such Premises “the Premises, broom clean” and , in good orderorder and condition, condition and repair, except only for ordinary normal wear and tear, tear and damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures fire and other property as set forth in Section 38-3-1casualty excepted, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition and prior to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect Tenant shall remove from the Premises any Alterations that Tenant is required by Landlord to any Premises for any cause remove under the provisions of this Lease, and all of Tenant’s furniture, equipment and other personal property (including, without limitation, all voice and data and other wiring and cabling) and trade fixtures. Any property not removed shall conclusively be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed retained or otherwise disposed of by Landlord at Tenant’s expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed from the Premises by Tenant may be handled or stored by Landlord at Tenant’s expense and Landlord shall not be liable for the value, preservation or safekeeping thereof. At Landlord’s option all or part of such property may be conclusively deemed to have been conveyed by Tenant to Landlord as if by xxxx of sale without notice to, and without payment by Landlord. Neither the provisions of this Article 14 nor any other provision of this Lease shall impose upon Landlord any obligation to account tocare for or preserve any of Tenant’s property left upon the Premises, and Tenant hereby waives and releases Landlord from any claim or any other person. Tenant shall pay to Landlord all expenses incurred liability in connection with the disposition removal of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in and the condition herein required, Landlord may, at Tenant’s expense, restore storage thereof and specifically waives the Premises provisions of California Civil Code Section 1542 with respect to such conditionrelease. Tenant hereby waives to the maximum extent allowable the benefit of all laws now or hereafter in force in this state or elsewhere exempting property from liability for rent or for debt.

Appears in 1 contract

Samples: Office Lease (Intersil Corp/De)

Surrender of Premises. Upon At the expiration end of the Term or any renewal thereof or other sooner termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and will peaceably surrender deliver up to Landlord possession of such Premises “broom clean” and the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in good ordercondition, condition broom clean and repairfree of all debris, except only for ordinary wear and tear, tear and damage by casualty (subject fire, earthquake, Act of God, repairs for which Tenant is not responsible or the elements alone excepted. Tenant may, upon termination of this Lease, remove all movable partitions of less than full height from floor to ARTICLE 15) ceiling, counters, and repairs other personal property of Tenant removable without material damage to such property or the Premises previously installed by Tenant, at Tenant's sole cost, title to which shall be made in Tenant until such termination, repairing such damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this LeaseLease as by a bill of sale. If Subject to the Addendum, upon request by Landlord, Tenant is in default under this Leaseshall remove any or all permanent improvements or additions to the Premises installed at Tenant's cost and all movable partitions, Landlord shall have a lien on Tenant’s personal property, trade fixtures counters and other property as set forth in Section 38-3-1, et seq., of the Utah Code Xxx. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other property owned by Tenant. All personal property, trade fixtures and other property of Tenant removable without material damage to such property or the Premises which may be left by Tenant and repair any damage resulting from such removal. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Xxxxxx in so surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay. All obligations of Tenant hereunder not removed from any Premises on the abandonment fully performed as of such Premises or on the expiration or earlier termination of the term Term of this Lease shall survive the expiration or sooner earlier termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession of any Premises after such expiration with Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to such condition.

Appears in 1 contract

Samples: Diplomat Ambassador Inc

Surrender of Premises. Upon On the expiration of the Term or sooner termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediatelyshall, quietly at Tenant's own cost, (a) promptly and peaceably surrender the Premises to Landlord possession of such Premises “"broom clean” and ," in good order, condition order and condition; (b) repair any damage to the Shopping Center caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant; (c) repair, except only for ordinary wear patch and tearpaint in a good and workmanlike manner satisfactorily to Landlord all holes and other marks in the floors, damage walls and ceilings of the Premises; and (d) deliver all keys to the Premises to Landlord. Before surrendering the Premises, Tenant shall, at Tenant's sole cost, remove Tenant's movable personal property and trade fixtures (including signage) only, and all other property shall, unless otherwise directed by casualty (subject to ARTICLE 15) and repairs to be made by Landlord, remain in the Premises as the property of Landlord without compensation; however, Tenant shall not remove any personal property or trade fixtures from the Premises without Landlord's prior written consent if such removal will impair the structure of the Shopping Center or if Tenant is in default under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s such personal property, trade fixtures and other property as set forth in Section 38-3-1, et et. seq., of the Utah TTtah Code XxxArm. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, to remove any personal property, equipmenttrade fixtures, trade fixtures other property, alterations, additions and other property owned improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed from any the Premises on the abandonment of such the Premises or on the expiration of the term of this Lease Term or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any amount received by Landlord from such disposition. While Tenant remains in possession No surrender of Premises shall be effected by Landlord's acceptance of the keys or of the rent or by any Premises after other means without Landlord's written acknowledgement of such expiration with Landlord’s prior written consent, acceptance as a surrender. Tenant shall not be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the released from Tenant's obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent Lease in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to connection with surrender possession of the Premises in the condition herein required, until Landlord may, at Tenant’s expense, restore has inspected the Premises and delivered to such conditionTenant a written release.

Appears in 1 contract

Samples: Center Lease Willow Creek Shopping Center (MCT Holding Corp)

Surrender of Premises. Upon Tenant shall have no obligation to remove any alterations, additions, improvements, or changes made to the Premises after the Commencement Date, unless specifically stated in Landlord’s consent to such alterations, additions, improvements, or changes, at the expiration or early termination of the Lease. Tenant shall have no right or obligation to remove any of Landlord’s Work or any other alterations, additions, improvements, or changes made by or on behalf of Landlord at the Premises. Tenant shall surrender to Landlord the Premises and all alterations and additions thereto broom clean and in good order, repair and condition (except for ordinary wear and tear). Tenant shall remove all personal property and trade fixtures prior to the expiration of the Term, including any signs, notices and displays placed by Tenant. Tenant shall perform all reasonably necessary restoration, including, without limitation, restoration made reasonably necessary by the removal of Tenant’s personal property or trade fixtures prior to the expiration or termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear, damage by casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal propertyno obligation to change the character of or possible uses for the Building. Landlord can elect to retain or dispose of, in any manner, any alterations, utility installations, trade fixtures and other or personal property as set forth in Section 38-3-1, et seq., that Tenant does not remove from the Premises on expiration or termination of the Utah Code XxxLease term as allowed or required by this Lease. (or any replacement provision), subject Title to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12such alterations, Tenant may, and Landlord may require Tenant to, remove any personal property, equipmentutility installations, trade fixtures and other or personal property owned by Tenantthat Landlord elects to retain or dispose of on expiration of the Lease term shall automatically vest in Landlord. All personal propertyTenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such alterations, utility installations, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other personpersonal property. Tenant shall pay be liable to Landlord all expenses incurred in connection with the disposition of such property in excess for Landlord’s costs for storing, removing and disposing of any amount received by alterations, utility installations, trade fixtures or personal property and shall indemnify and hold Landlord harmless from such disposition. While Tenant remains in possession the claim of any Premises after third party to an interest in such expiration with alterations, utility installations, trade fixtures or personal property. Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to all of the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein required, Landlord may, at Initials Tenant’s expense, restore the Premises to such condition.Initials

Appears in 1 contract

Samples: Terms and Conditions (Inogen Inc)

Surrender of Premises. Upon the expiration or earlier termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-enter any Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender the Premises (including all Alterations which Tenant is not required to Landlord possession of such Premises “remove pursuant to this Lease) to Landlord, broom clean” clean and in as good orderorder and condition as of the Commencement Date, condition and repair, except only for ordinary wear and teartear and damage from casualty excepted. Upon such surrender, damage by casualty (subject to ARTICLE 15) the Premises shall be free and repairs to be made by Landlord under this Lease. If clear of all of Tenant’s equipment, furniture, fixtures, and Alterations which Tenant is in default required to remove under this Lease, Landlord shall have a lien on Tenant’s and any other personal property, trade fixtures and other property as set forth located in Section 38-3-1, et seq., of the Utah Code XxxPremises. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other Any property owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises left on the abandonment of such Premises or on at the expiration of the term of this Lease or sooner other termination of this Lease with respect to Lease, or after the happening of any Premises for any cause shall conclusively of the defaults specified in Article 19, may, at the option of Landlord, either be deemed to have been abandoned or be placed in storage, in the name of, and may be appropriatedfor the account of, soldand at the sole risk, storedcost, destroyed and expense of, Tenant, or otherwise disposed of by Landlord without notice toin the manner provided by law. Tenant expressly releases Landlord of and from any and all claims and liability for damage to or destruction or loss of property left by Tenant upon the Premises upon the expiration or other termination of this Lease and Tenant hereby indemnifies Landlord against any and all claims and liability with respect thereto. In addition, and without any obligation prior to account tosurrendering the Premises, Tenant or any other person. Tenant shall pay to Landlord any and all expenses incurred in connection unpaid Rent which shall have accrued and any other sums which Tenant shall owe to Landlord under this Lease. Failure on the part of Tenant to strictly comply with the disposition provisions of such property in excess this Article 23.1 shall not be deemed a valid surrender of any amount received by Landlord from such dispositionthe Premises. While Tenant remains in possession If, during the last month of any Premises after such expiration with Landlord’s prior written consentthe Lease Term, Tenant shall be deemed to be occupying such Premises as a month-to-month tenant, subject to have removed all or substantially all of Tenant’s personal property from the obligations of Tenant under this Lease, except that the Monthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-entry right without Landlord’s prior written consent, Tenant shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant fails to surrender possession of the Premises in the condition herein requiredPremises, Landlord may, at Tenant’s expense, restore shall have the right to enter the Premises to such conditionalter, renovate and decorate the same without Tenant being entitled to any abatement of Rent.

Appears in 1 contract

Samples: Lease Agreement (Rentech Inc /Co/)

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