Common use of Surrender Clause in Contracts

Surrender. On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Lessee shall peaceably surrender the Demised Premises broom-clean in good order, condition and repair, reasonable wear and tear only excepted. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises.

Appears in 2 contracts

Sources: Office/Warehouse Lease (Childrens Broadcasting Corp), Office/Warehouse Lease (Childrens Broadcasting Corp)

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

Appears in 2 contracts

Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, Inc.)

Surrender. On the Expiration Date (a) Except as otherwise provided in Section 2(c) or 14(b), upon the expiration or other termination hereof upon a day other than of the Expiration DateTerm, Lessee shall peaceably Tenant shall, without notice from Landlord, quit and surrender to Landlord the Demised Premises Premises, vacant, broom-clean clean, and (subject to the provisions of Article 8 hereof) in good order, substantially the same condition and repairrepair as on the Commencement Date, reasonable wear and tear only and damage which Landlord is obligated to repair hereunder excepted, and shall surrender possession of the Leased Equipment to Landlord in substantially the same order and repair as on the Commencement Date, reasonable wear and tear excepted. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration DateIn addition, Lessee shall, at its expense, Tenant shall remove all trade fixtures, of its personal property and equipment and signs from located at or in the Demised Premises and any property not removed shall be deemed to have been abandonedor elsewhere in the Building. Any damage caused in to the Premises or any other portions of the Building as a result of the removal of such items Tenant’s personal property shall be immediately repaired by Lessee and Tenant at its sole cost and expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which Tenant’s obligation to observe or perform this covenant shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at survive the expiration or sooner termination of the Term. (b) Except for any applicable transition periods pursuant to the Transition Rights, which for purposes of this Section 18(b) shall not be considered a hold over by Tenant, if Tenant shall hold over and remain on the Premises or fail to remove any of its personal property beyond the expiration or earlier termination of this Lease. If , such holding over shall not be deemed to be an extension of this Lease, and, in addition to any rights Landlord may have under the Demised Premises are terms of this Lease, or at law or in equity, Landlord shall be entitled to recover any and all damages (including, without limitation, any out-of-pocket costs associated with any repairs, replacements, removal of property or other similar costs, but excluding any special, indirect, consequential or exemplary damages and any loss of business or profits, whether or not surrendered foreseeable) suffered by Landlord as a result of Tenant’s holding over, and Tenant shall also be obligated to pay to Landlord a per diem amount based on an annual rate equal to two hundred percent (200%) of the Base Rent payable on the Expiration Date or date immediately preceding such holdover for each day thereafter that Tenant remains in occupancy of the date Premises. Subject to the parenthetical in the immediately preceding sentence regarding the scope of terminationdamages, Lessee Tenant shall indemnify and hold Lessor Landlord harmless against from any loss or liability, claimsloss, without limitationcosts and expenses, made including, but not limited to reasonable attorneys’ fees, arising out of such holding over by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised PremisesTenant.

Appears in 2 contracts

Sources: Master Agreement (Westwood One Inc /De/), Lease (Westwood One Inc /De/)

Surrender. On a. At the Expiration Date expiration of the Term or upon earlier termination of this Lease, Tenant shall promptly yield up the termination hereof upon Premises and all improvements, alterations and additions thereto, and all fixtures and equipment servicing the Premises in a day other than condition which is clean of garbage and debris and broom clean and in the Expiration Datesame condition, Lessee shall peaceably surrender order and repair in which they are required to be kept throughout the Demised Premises broom-clean in good orderTerm, condition and repair, reasonable ordinary wear and tear only excepted. On . b. If Tenant, or before any person claiming through Tenant, continues to occupy the Expiration Date Premises after the expiration of the Term or upon earlier termination of this Lease on a day other than or any renewal thereof without the Expiration Dateprior written consent of Landlord, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from (i) the Demised Premises and any property not removed tenancy under this Lease shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without chargebecome, at the expiration option of Landlord, expressed in a written notice to Tenant and not otherwise, a tenancy from month-to-month, terminable by Landlord on thirty (30) days prior notice, under the same terms and conditions set forth in this Lease; (ii) the Fixed Basic Rent during such continued occupancy shall be one hundred seventy-five percent (175%) of the Fixed Basic Rent for the last year of the Term; and (iii) if such holdover is for more than thirty (30) days, Tenant shall indemnify Landlord for any loss or termination damage incurred by reason of Tenant’s failure to surrender the Premises. Anything to the contrary notwithstanding, any holding over by Tenant without Landlord’s prior written consent shall constitute an Event of Default under this Lease and shall be subject to all the remedies set forth in Section 29(b) of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises.

Appears in 2 contracts

Sources: Office Space Lease (Nabriva Therapeutics AG), Office Space Lease (Nabriva Therapeutics AG)

Surrender. On Upon the Expiration Date expiration or upon earlier termination of the termination hereof upon a day other than Term, Sublessee shall vacate, surrender and deliver the Expiration Subleased Premises to Sublessor in the same condition as of the Commencement Date, Lessee shall peaceably surrender the Demised Premises broom-clean in good order, condition and repair, reasonable ordinary wear and tear only excepted. On or before , provided that Sublessee repair any damage to the Expiration Date or upon termination Subleased Premises as a result of this Lease on a day other than the Expiration Date, Lessee shall, at removal of its expense, remove all trade fixtures, personal property and equipment any Alterations and signs from Subsequent Alterations required to be removed pursuant to Section 9(b) and 9(c). In the Demised Premises and event Sublessee fails to comply with the foregoing removal obligations or upon Sublessee being dispossessed by process of law or otherwise, any such property not removed shall be deemed conclusively to have been abandonedbe abandoned and Sublessor may retain, sell, store, destroy or otherwise dispose of the same as Sublessor so elects in its sole reasonable discretion upon ten (10) days’ prior written notice to Sublessee. Any damage caused Sublessee shall pay Sublessor on demand any reasonable out-of-pocket expenses incurred by Sublessor in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterationsproperty, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claimsincluding, without limitation, made the cost of repairing any damage to the Building caused by any succeeding lessee founded on or related the removal of such property and storage charges (if Sublessor elects to store such delayproperty). Lessee Further, in the event the end of the Term coincides with the end of the term under the Prime Lease, Sublessee shall promptly surrender all keys for provide Sublessor with reasonable access to the Demised Subleased Premises to Lessor at allow Sublessor to fulfill its obligations under the place then fixed for payment Prime Lease, including, without limitation, removing any Alterations and Subsequent Alterations existing in the Subleased Premises prior to the Commencement Date and Sublessee shall otherwise reasonably cooperate with Sublessor in connection with the foregoing. Sublessee’s obligations under this Section 10 shall survive the expiration or earlier termination of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premisesthis Sublease.

Appears in 2 contracts

Sources: Sublease (Global Employment Holdings, Inc.), Sublease (Global Employment Holdings, Inc.)

Surrender. On (a) Upon the Expiration Date expiration or upon earlier termination of the termination hereof upon a day other than Term, Tenant shall (i) peaceably quit and surrender to Landlord the Expiration DatePremises (including without limitation all fixed lab benches, Lessee shall peaceably surrender fume hoods, electric, plumbing, heating and sprinkling systems, fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment therein) broom clean, in the Demised Premises broom-clean condition in good order, condition and repair, reasonable which Tenant was obligated to maintain the same excepting only ordinary wear and tear only exceptedand damage by fire or other Casualty; (ii) remove all of Tenant’s Property, all autoclaves and cage washers and, to the extent specified by Landlord in accordance with Section 11.1 above, Alterations made by Tenant; and (iii) repair any damages to the Premises or the Building caused by the installation or removal of Tenant’s Property and/or such Alterations. Tenant’s obligations under this Section 21.1(a) shall survive the expiration or earlier termination of this Lease. (b) At least thirty (30) days prior to the expiration of the Term (or, if applicable, within five (5) business days after any earlier termination of this Lease), Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any Legal Requirements) to be taken by Tenant in order to render the Premises (including any Alterations permitted or required by Landlord to remain therein) free of Hazardous Materials in excess of Reportable Quantities or Reportable Concentrations in compliance with Legal Requirements and to the extent subject to regulation under 105 CMR 120.000 et seq., released for unrestricted use in accordance with 105 CMR 120.243 and 105 CMR 120.245 (the “Surrender Plan”). The Surrender Plan (i) shall be accompanied by a current list of (A) all Required Permits held by or on behalf of any Tenant Party with respect to Hazardous Materials in, on, under, at or about the Premises, and (B) Tenant’s Hazardous Materials used by or on behalf of any Tenant Party in, on, under, at or about the Premises, and (ii) shall be subject to the reasonable review and approval of Landlord’s environmental consultant. In connection with review and approval of the Surrender Plan, upon request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning the use of and operations within the Premises as Landlord shall reasonably request. On or before the Expiration Date expiration of the Term (or upon within thirty (30) days after any earlier termination of this Lease Lease, during which period Tenant’s use and occupancy of the Premises shall be governed by Section 21.3 below), Tenant shall deliver to Landlord a certification from a qualified third-party environmental professional reasonably approved by Landlord or an industrial hygienist reasonably acceptable to Landlord certifying that the Premises do not contain any Hazardous Materials in excess of Reportable Quantities or Reportable Concentrations on account of the use of Hazardous Materials by any Tenant Party and evidence that the approved Surrender Plan shall have been satisfactorily completed by a day other than contractor reasonably acceptable to Landlord, and Landlord shall have the Expiration Dateright, Lessee shallsubject to reimbursement at Tenant’s expense as set forth below if Tenant is not in compliance with the terms of this subparagraph, at its expense, remove all trade fixtures, personal property and equipment and signs from to cause Landlord’s environmental consultant to inspect the Demised Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the expiration of the Term (or, if applicable, the date which is thirty (30) days after any property earlier termination of this Lease), free of Hazardous Materials to the extent set forth above and otherwise available for unrestricted use and occupancy for the Permitted Use. Landlord shall have the unrestricted right to deliver the Surrender Plan and any report by ▇▇▇▇▇▇▇▇’s environmental consultant with respect to the surrender of the Premises to third parties; however, only the Landlord Parties and Landlord’s lender(s) shall be entitled to rely on the Surrender Report. If Tenant shall fail to prepare or submit a Surrender Plan approved by Landlord, or if Tenant shall fail to complete the approved Surrender Plan, or if such Surrender Plan, whether or not removed approved by Landlord, shall fail to adequately address the use of Hazardous Materials by any of the Tenant Parties in, on, at, under or about the Premises, Landlord shall have the right to take any such actions as Landlord may deem reasonable or appropriate to assure that the Premises and the Property are surrendered in the condition required hereunder, the reasonable third party cost of which actions shall be reimbursed by ▇▇▇▇▇▇ as Additional Rent upon demand. Tenant’s obligations under this Section 21.1(b) shall survive the expiration or earlier termination of the Term for a period of five (5) years. (c) No act or thing done by Landlord during the Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to have been abandoned. Any damage caused in the removal of accept such items surrender shall be immediately repaired valid, unless in writing signed by Lessee and at its expenseLandlord. All alterationsUnless otherwise agreed by the parties in writing, additions, improvements and fixtures (other than trade fixtures) which no employee of Landlord or of Landlord’s agents shall have been made or installed by Lessor or Lessee upon any power to accept the Demised keys of the Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at prior to the expiration or earlier termination of this Lease. If The delivery of keys to any employee of Landlord or of Landlord’s agents shall not operate as a termination of this Lease or a surrender of the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises.

Appears in 2 contracts

Sources: Lease Agreement (uniQure B.V.), Lease Agreement (uniQure B.V.)

Surrender. On Section 15.01. Lessee shall, upon any expiration or earlier termination of this Lease, remove all of Lessee’s goods and effects from the Expiration Date or upon the termination hereof upon a day other than the Expiration DateDemised Premises, and any alterations and additions which Lessor requires removal, and Lessee shall peaceably surrender repair any damage caused by such removal and restore the Demised Premises broom-clean to the same condition it was in good order, condition and repairprior to such alterations or additions, reasonable wear and tear only excepted. On or before Lessee shall peaceably vacate and surrender to the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from Lessor the Demised Premises and any property not removed shall be deemed deliver all keys and locks thereto, and all alterations and additions made to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises unless Lessor requires removal of the same, in the same condition as they were at the Term Commencement Date (except as otherwise provided in this Lease), or as they were put in during the term hereof, reasonable wear and tear and damage by insured fire or other unavoidable casualty or taking or condemnation by public authority or as a result of Lessor’s negligence only excepted. In the event of the Lessee’s failure to remove any of Lessee’s property from the Demised Premises, after the expiration or earlier termination of the Lease Term, Lessor is hereby authorized, without liability to Lessee for loss or damage there at, and at the sole risk of Lessee, to remove and store any of the property at Lessee’s expense, or to retain same under Lessor’s control or to sell at public or private sale, after thirty (30) days notice to Lessee at its address last known to Lessor, any or all floor covering of the property not so installed removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. If Lessee holds over at the Demised Premises, Lessee shall remain upon be a lessee at sufferance and shall be surrendered with liable for payment of Base Rent at the rate equal to the greater of (a) one hundred fifty percent (150%) of the Base Rent most recently payable for the first thirty (30) days of any such holdover, and two hundred percent (200%) of such Base Rent thereafter, or (b) the then fair market rent for the Demised Premises as a part thereof, without disturbance, molestation or injurydetermined by Lessor, and without chargein any event plus all Additional Rent, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, and Lessee shall indemnify be and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises remain liable to Lessor at for all damage, loss and cost incurred by Lessor, including reasonable attorneys’ fees, as a result of such holding over by Lessee, but expressly excluding consequential damages other than actual damages sustained by Lessor in the place then fixed for payment nature of rent and lost rent. The foregoing shall inform Lessor not in any way prejudice Lessor’s right to seek recovery of combinations of any locks and safes on the Demised Premises.

Appears in 2 contracts

Sources: Lease Agreement (Radius Health, Inc.), Lease Agreement (Radius Health, Inc.)

Surrender. 15.1 On the Expiration Date last day of the term demised, or upon the sooner termination hereof upon a day other than the Expiration Datethereof, Lessee Tenant shall peaceably surrender the Demised Premises broom-clean clean, in good order, condition and repair, reasonable wear and tear only excepted. On or before subject to the Expiration Date or upon termination provisions of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Leasesection 1.4 hereof. If the Demised Premises are not surrendered on at the Expiration Date end of the term or the date of terminationsooner termination thereof, Lessee Tenant shall indemnify and hold Lessor harmless Landlord against any loss or liabilityliability resulting from delay by Tenant in so surrendering the Premises, claims, including without limitation, claims made by any and succeeding lessee Tenant founded on or related to by such delay. Lessee Tenant shall promptly surrender all keys for the Demised Premises premises to Lessor the Landlord at the place then fixed for payment of rent. Tenant's covenants hereunder shall survive the expiration or termination of this Lease. 15.2 If the Tenant shall occupy the Premises with the consent of the Landlord after the expiration of this Lease and the rent is accepted from tenant, such occupancy and payment shall inform Lessor be construed as an extension of combinations this Lease for a term expiring on the last day of the month next following the month in which the Lease expired, and occupation thereafter shall operate to extend the term of this Lease for but one (1) month at a time, unless other terms of such expiration are made in writing and signed by the parties hereto. In such event, if either Landlord or Tenant desires to terminate said occupancy at the end of any locks and safes month after the termination of this Lease, the Party so desiring to terminate shall give the other party at least thirty (30) days written notice to that effect. Failure on the Demised part of the Tenant to give such notice shall obligate it to pay such rent for an additional calendar month following the month in which the Tenant has vacated the Premises.

Appears in 1 contract

Sources: Lease Agreement (Rascals International Inc)

Surrender. On The LESSEE shall at the Expiration Date expiration or other termination of this lease remove all of LESSEE’S goods and effects from the Leased Premises, (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises), but excluding anything constituting LESSOR’S Work as set forth on Exhibit B. LESSEE shall deliver to the LESSOR the Leased Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the termination hereof upon a day other than the Expiration DateLeased Premises, Lessee shall peaceably surrender the Demised Premises broom-clean in good order, condition and repaircondition, reasonable wear and tear tear, damage by fire or other casualty, eminent domain, default by LESSOR or by the negligent or willful acts or omissions of LESSOR, its officers, managers, employees, agents, contractors and invitees only excepted. On In the event of the LESSEE’S failure to remove any of LESSEE’S property from the premises upon the expiration or before the Expiration Date or upon other termination of this Lease on a day other than the Expiration Datelease, Lessee shallLESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at its the sole risk of LESSEE, to remove and store any of the property at LESSEE’S expense, remove or to retain same under LESSOR’S control or to sell at public or private sale, without notice any or all trade fixtures, personal property and equipment and signs from of the Demised Premises and any property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. In the event that LESSEE continues to occupy, control or remain in any part of the Leased Premises beyond the expiration or earlier termination of the Term of this lease, including any extensions thereto, such holding over shall not be deemed to have been abandoned. Any damage caused in create any tenancy, but the removal of such items LESSEE shall be immediately repaired a Tenant at Sufferance only and shall be liable for all loss, damage or expenses incurred by Lessee and at its expensethe LESSOR. All alterationsother terms of this lease shall apply, additions, improvements except that use and fixtures (other than trade fixtures) occupancy payments shall be due in full monthly installments which shall have been made be paid to LESSOR at the times and manner determined by the LESSOR, in advance and in an amount equal to the greater of one and a half times of either of the following: (i) base rent, additional rent and other sums due under the lease, including any extensions thereto, immediately prior to termination, or installed (ii) the reasonable fair market rent for the Leased Premises. It is expressly understood and agreed that such extended occupancy is a Tenancy at Sufferance only, solely for the benefit and convenience of the LESSEE and is of greater rental value. If LESSEE continues to occupy, control or remain in all or any part of the Leased Premises beyond noon of the last day of any monthly rental period, said action shall constitute LESSEE’S occupancy for an entire additional month, and increased payment as provided by Lessor or Lessee upon the Demised Premises this section, shall be due and all floor covering so installed payable immediately in advance. LESSOR’S acceptance of any payments from LESSEE during such extended occupancy shall remain upon and be surrendered with the Demised Premises not alter LESSEE’S status as a part thereof, without disturbance, molestation or injury, and without charge, Tenant at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised PremisesSufferance.

Appears in 1 contract

Sources: Sublease Agreement (Gi Dynamics, Inc.)

Surrender. On The LESSEE shall at the Expiration Date expiration or other termination of --------- this Lease yield up and peaceably surrender all portions of the Leased Premises to LESSOR and shall remove all LESSEE's goods and effects therefrom (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises). LESSEE shall deliver to the LESSOR the Leased Premises and all keys, locks thereto, and all fixtures, alterations and additions made to or upon the termination hereof upon a day other than Leased Premises, except for moveable partitions and furnishings installed at the Expiration DateLESSEE's expense, Lessee shall peaceably surrender in the Demised Premises broom-clean same condition as they were at the commencement of the term, or as they were put in good order, condition and repairduring the Term hereof, reasonable wear and tear and damage by fire, other casualty or eminenet domain and matters for which the LESSOR is responsible hereunder only excepted. On All moveable partitions and furnishings, installed in the Leased Premises at the LESSEE's expense prior to or before during the Expiration Date Term of the Lease may be removed by the LESSEE at the expiration or upon other termination of this Lease on a day other than the Expiration Date, Lessee Lease. The LESSEE shall, at its expense, promptly repair any and all damage to the Leased Premises resulting from such removal. In the event of the LESSEE's failure to remove all trade fixtures, personal any of the LESSEE's property and equipment and signs from the Demised Premises and any property not removed shall be deemed Leased Premises, LESSOR is hereby authorized, upon fifteen (15) days' written notice to have been abandoned. Any the LESSEE without liability to LESSEE for loss or damage caused in the removal of such items shall be immediately repaired by Lessee thereto, and at its the sole risk of LESSEE, to remove and store any of the property at LESSEE's sole cost and expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises.

Appears in 1 contract

Sources: Lease (Giga Information Group Inc)

Surrender. On Upon expiration or earlier termination of Tenant's right of possession, Tenant may, subject to the Expiration Date or upon the termination hereof upon a day other than the Expiration Dateexercise of any remedies by Landlord, Lessee remove Tenant's Property and shall peaceably surrender the Demised Premises broom-clean to Landlord in good ordersubstantially the same condition as received, condition and repairbroom clean, reasonable ordinary wear and tear only tear, approved Alterations, and casualty loss and condemnation covered by Sections 18 and 19 excepted, and shall return to Landlord all keys to offices and restrooms furnished to, or otherwise procured by, Tenant. On If any such key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost key or before the Expiration Date cost of changing the lock or upon locks opened by such lost key. Any Trade Fixtures, Alterations, and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and/or disposition of such property. All obligations of either party that have arisen and/or become binding hereunder but have not been fully satisfied as of the expiration or earlier termination of this Lease on a day other than shall survive such expiration or earlier termination, including without limitation, indemnity obligations, payment obligations (including Rent), obligations concerning the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property condition and equipment and signs from repair of the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injuryPremises, and without chargethe obligation to obtain all required Hazardous Materials Clearances. Without limiting the generality of the foregoing, at the following provisions shall survive the expiration or earlier termination of this Lease. If : (a) the Demised Premises are not surrendered on indemnity obligations contained in Sections 7, 12, 14(b), 16(a), 16(b), 30(a), 30(d), 35, and 38(b); (b) the Expiration Date or payment obligations contained in Sections 3, 5, 6, 8, 9, 11, 15, 21(a), 21(b), and 22(d); (c) the date of terminationmaintenance, Lessee shall indemnify repair, and/or restoration obligations contained in Sections 12, 13, and hold Lessor harmless against any loss or liability18; (d) the obligation to obtain Hazardous Materials Clearances contained in Section 18; and (e) the agreements contained in Sections 29, claims36, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises44.

Appears in 1 contract

Sources: Lease Agreement (Paradigm Genetics Inc)

Surrender. On (a) Subject to the Expiration Date or provisions of paragraphs 14, 15 and 18 upon the expiration or earlier termination hereof upon a day other than of the Expiration Dateterm of this Lease, Lessee shall peaceably surrender the Demised Premises broom-clean Leased Properties to Lessor in good order, the same condition and repair, reasonable wear and tear only excepted. On or before in which the Expiration Date or upon termination Leased Properties were originally leased from Lessor as of the date of this Lease on a day other than (excluding the Expiration Date▇▇▇▇ Liquefaction Equipment), except as repaired, rebuilt, restored or modified as permitted by any provision of this Lease, and except for ordinary wear and tear. If the Lessee shallhas not provided Lessor with the purchase option notice contemplated by paragraph 18 at least 180 days before the end of the term of this Lease, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall it will be deemed that Lessee has elected to have been abandoned. Any damage caused in surrender the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Leased Properties to Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination end of the term of this Lease. If Lessee has elected to surrender the Demised Premises are not surrendered Leased Properties at the end of the term of this Lease (expressly excluding any surrender of the Leased Properties resulting from an Event of Default by Lessee hereunder), Lessor and Lessee shall consult for the purpose of determining the amount, if any, of the Return Adjustment Amount (as herein defined) owed by Lessee to Lessor and to be paid on the Expiration Date or last day of the date term of terminationthis Lease. For purposes hereof, Lessee the "Return Adjustment Amount" shall indemnify and hold Lessor harmless against any loss or liabilitybe the positive difference, claimsif any, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for between: (a) the Demised Premises to Lessor fair market sales value of the Leased Properties taken as a whole (expressly including the ▇▇▇▇ Liquefaction Equipment) at the end of the term of this Lease assuming (i) (notwithstanding the fact that the ▇▇▇▇ Liquefaction Equipment has been dismantled and disposed of in accordance with subparagraph 8(d) hereof) that the ▇▇▇▇ Liquefaction Equipment is in place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises.▇▇▇▇ Land Parcel and has been maintained in good operating condition and has all necessary permits and

Appears in 1 contract

Sources: Lease Agreement (Boston Gas Co)

Surrender. On Subject to its rights of removal described in Section 12 above, the Expiration Date Lessee shall at the expiration or other termination of this Lease remove all Lessee’s goods and effects from the Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the Lessee, either inside or outside the Premises). Lessee shall deliver to the Lessor the Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the termination hereof upon a day other than Premises, in the Expiration Datesame condition as they were at the commencement of the Term, Lessee shall peaceably surrender or in the Demised Premises broom-clean case of permitted alterations, additions and improvements as they were put in good order, condition and repairduring the term hereof, reasonable wear and tear and damage by fire or other casualty and condemnation and repairs which are Lessor’s responsibility only excepted. On In the event of the Lessee’s failure to remove any of Lessee’s property from the Premises, Lessor is hereby authorized, without liability to Lessee for loss or before damage thereto, and at the Expiration Date or upon termination sole risk of this Lease on a day other than Lessee, to remove and store any of the Expiration Date, Lessee shall, property at its Lessee’s expense, remove or to retain same under Lessor’s control or to sell at public or private sale, without notice, any or all trade fixtures, personal property and equipment and signs from of the Demised Premises and any property not so removed shall be deemed and to have been abandoned. Any damage caused in apply the removal net proceeds of such items shall sale to the payment of any sum due hereunder, or to destroy such property. Lessee recognizes that the Lessor may be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee required to guarantee delivery of possession to the new occupant promptly upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or earlier termination of this Lease. If Accordingly, Lessee specifically agrees to remove all of its goods and effects and to deliver full possession of the Demised Premises are to Lessor not surrendered on the Expiration Date or later than the date of terminationthe expiration or earlier termination hereof in order to avoid substantial, and perhaps irreparable harm to Lessor, Lessee agrees that Lessor shall indemnify and hold have all remedies available at law or in equity for Lessee’s failure so to do. In addition to all such remedies, Lessee further agrees that any holding over by it which has not been consented to in writing by Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor be treated as a tenancy at sufferance at the place greater of (i) one and one-half times the monthly rent, or (ii) market rent for one (1) year (on a monthly basis), plus other charges then fixed applicable as of the date of the expiration or earlier termination of this Lease, and such tenancy at sufferance shall otherwise be on the terms and conditions set forth in this Lease so far as applicable. Any monies received after the termination date of the Lease will be applied for payment of rent “use and occupancy only” and will not reestablish the tenancy and shall inform Lessor of combinations of any locks and safes otherwise be on the Demised Premisesterms and conditions set forth in this Lease, as far as applicable.

Appears in 1 contract

Sources: Lease Agreement (Abiomed Inc)

Surrender. On The LESSEE shall at the Expiration Date expiration or upon the termination hereof upon a day other than the Expiration Date, Lessee shall peaceably surrender the Demised Premises broom-clean in good order, condition and repair, reasonable wear and tear only excepted. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade LESSEE's goods and effects from the Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Premises). All additions, alterations, fixtures, personal and other improvements to the Premises (except for trade fixtures of LESSEE), whether made by LESSOR or LESSEE, shall become a part of and remain with the Premises throughout the lease term and thereafter, except that LESSEE shall upon expiration or termination of this Lease remove any alterations, additions or improvements made by LESSEE if such removal was required at the time of LESSEE's consent to their installation (if such consent was required hereunder). LESSEE shall surrender the Premises to LESSOR in the same broom clean condition that the Premises were in on the Commencement Date except for (i) ordinary wear and tear;(ii) damage by the elements, fire, or other casualty; (iii) condemnation; (iv) damage arising from any cause not required hereunder to be repaired, replaced, or paid for by LESSEE; and (v) alterations as permitted by this Lease except as required to be removed as provided in the preceding sentence. In the event of the LESSEE's failure to remove any of LESSEE's property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures within ten (other than trade fixtures10) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at days after the expiration or termination of this the Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any LESSOR is hereby authorized, without liability to LESSEE for loss or liabilitydamage thereto, claimsand at the sole risk of LESSEE, to remove and store any of the property at LESSEE's expense, or to retain same under LESSOR's control or to sell at public or private sale, without limitationnotice, made by any succeeding lessee founded on or related all of the property not so removed, and to apply the net proceeds of such delay. Lessee shall promptly surrender all keys for sale to the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premisessum due hereunder, or to destroy such property.

Appears in 1 contract

Sources: Lease Agreement (Digital Lightwave Inc)

Surrender. On Upon the Expiration Date expiration of the Term or upon the earlier termination hereof upon a day other than the Expiration Dateof Tenant’s right of possession, Lessee Tenant shall peaceably surrender the Demised Premises broom-to Landlord in broom clean condition (a) in good orderthe same condition as of the Effective Date (except for any Alterations permitted by Landlord to remain in the Premises pursuant to Section 12), condition and repair, reasonable subject to ordinary wear and tear only exceptedand casualty loss and condemnation covered by Sections 18 and 19, (b) with all wires, cables or similar equipment which Tenant has installed in the Premises or in the risers or plenums of the Building removed, and (c) free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than Landlord or any of Landlord’s employees, agents and contractors. On Upon the expiration or before the Expiration Date or upon earlier termination of this Lease on a day other than the Expiration DateTerm, Lessee shallTenant shall promptly return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at its expenseLandlord’s election, remove all trade fixtureseither the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which Multi-Tenant Office611 Gateway – Suite 900/Rigel Pharmaceuticals - Page 21 such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, personal property Alterations and equipment and signs from the Demised Premises and any property not so removed by Tenant as permitted or required herein shall be deemed to have been abandoned. Any damage caused in the removal abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages or loss resulting from ▇▇▇▇▇▇▇▇’s retention and/or disposition of such items shall be immediately repaired by Lessee and at its expenseproperty. All alterationsobligations of Tenant hereunder not fully performed as of the termination of the Term, additionsincluding the obligations of Tenant under Section 30 hereof, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at survive the expiration or earlier termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of terminationTerm, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claimsincluding, without limitation, made by any succeeding lessee founded on or related indemnity obligations, payment obligations with respect to such delay. Lessee shall promptly surrender all keys for Rent and obligations concerning the Demised Premises to Lessor at condition and repair of the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises.

Appears in 1 contract

Sources: Lease Agreement (Rigel Pharmaceuticals Inc)

Surrender. On (a) Subtenant has surrendered possession to Sublandlord of a portion of the Expiration Date Existing Subleased Premises (the “Surrender Space”) located on the 46th floor of the Building, such Surrender Space containing 583 square feet of Rentable Area and being depicted more particularly on Exhibit G attached hereto (the “Surrender Space”), free and clear of any rights, claims or upon encumbrances of others, and, except as otherwise herein provided, in the termination hereof upon a day condition required pursuant to Article 13 of the Master Lease. (b) Subtenant hereby represents and warrants to Sublandlord the following as of the Effective Date: (i) Subtenant owns and holds the entire Subtenant’s interest under the Sublease; (ii) other than the Expiration DateSublease, Lessee shall peaceably surrender there exists no sublease affecting the Demised Premises broom-clean Surrender Space or any part thereof; (iii) Subtenant has not assigned or encumbered Subtenant’s interest under the Sublease or any part thereof; (iv) the Surrender Space is free of any lien, claim or encumbrance of any person claiming by, through or under Subtenant and no contracts for the furnishing of any labor or materials with respect to improvements or alterations in good order, condition and repair, reasonable wear and tear only excepted. On or before about the Expiration Date Surrender Space let by Subtenant are outstanding or upon termination of this Lease on a day other than unpaid; (v) no improvements or alterations in or about the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall Surrender Space have been made by or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered on behalf of Subtenant except in accordance with the Demised Premises as a part thereofterms and provisions of the Sublease; (vi) Subtenant has full right, power and authority to enter into this Second Amendment without disturbance, molestation the consent or injuryapproval of any person, and without (vii) Subtenant has no knowledge of any fact or circumstance which would give rise to any claim, demand, action or cause of action arising out of or in connection with Subtenant’s leasing or surrender of the Surrender Space. (c) Subtenant shall defend, indemnify and save Sublandlord harmless from and against all loss or damage sustained by Sublandlord (including all reasonable expenses, costs and attorneys fees of Sublandlord in any action or defense undertaken by Sublandlord to protect itself from such loss or damage) resulting from any breach by Subtenant of the representations, warranties and covenants made herein, and from any lien, charge, at encumbrance or claim pertaining to Subtenant’s leasing of the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded Surrender Space on or related prior to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised PremisesEffective Date.

Appears in 1 contract

Sources: Sublease (Hyatt Hotels Corp)

Surrender. On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Lessee shall peaceably surrender ▇▇▇▇▇▇ agrees to deliver to Lessor possession of the Demised Premises broom-clean together with all buildings, structures, improvements, additions, and other installations thereon, on the day of termination of this Agreement whether by expiration or otherwise, promptly and in reasonably good order, condition and repair, subject to reasonable wear and tear only exceptedand damage which Lessee need not repair, restore, or replace, under the terms of this Agreement, free and clear of liens and encumbrances made by or against the Lessee. On Except as a direct result of a force majeure event, Lessee shall not abandon any of its property on the Demised Premises or before any other portion of the Expiration Date Airport without the written consent of the Lessor. Any damage to the Airport or upon any portion thereof resulting from such removal shall be paid for by ▇▇▇▇▇▇. In the event of termination of this Lease on a day other than the Expiration DateAgreement, Lessee shallshall have thirty (30) days after such termination during which to remove such property. However, the Lessor shall have the right to assert such lien or liens against said property as the Lessor may by Applicable Laws be permitted. So long as any such property remains in the Demised Premises, ▇▇▇▇▇▇’s obligation to pay Base Annual Rent shall continue with respect to such Demised Premises. If ▇▇▇▇▇▇’s property is not removed as herein provided, the Lessor may, at its option, after written notice to Lessee and at Lessee’s sole risk and expense, remove all trade fixturessuch property to a public warehouse for storage, personal property or retain the same in the Lessor’s possession and, after the expiration of thirty (30) days sell the same, with notice and equipment in accordance with Applicable Laws, the proceeds of which shall be applied, first, to the expenses of such removal, storage, and signs from sale, second to any sum owed by ▇▇▇▇▇▇ to the Demised Premises Lessor, and any property not removed balance remaining shall be deemed paid to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised PremisesLessee.

Appears in 1 contract

Sources: Lease Agreement

Surrender. On Upon one hundred and eighty days (180) written notice to Lessor, Lessee may, in its sole discretion, surrender and terminate this Agreement without liability hereunder if a suitable purchaser of Processed Gas Products cannot be obtained or maintained, or if Landfill Gas cannot reasonably be recovered from the Expiration Date Landfill in Commercial Quantities, and thereby be relieved of all obligations as to Lessor; provided such failure to find a suitable purchaser or upon recover Commercial Quantities is not due to the termination hereof upon a day other than the Expiration Dateactions of GSF. Upon any surrender pursuant to this Section 4.3, Lessee shall peaceably surrender retain such rights of way and easements over, upon and across the Demised Premises broom-clean Landfill as shall be necessary or convenient for Lessee to comply with its obligations pursuant to Section 5.2(c) and Rumpke shall have the option to purchase the Gas Processing Facilities. GSF and Rumpke shall act reasonably and in good orderfaith to negotiate a purchase price for the Gas Processing Facilities. In the event the parties are unable to reach an agreement with respect to the purchase price within fifteen (15) days of GSF’s notice of surrender, condition the parties shall mutually select a third- party appraiser (the “Appraiser”) and repair, reasonable wear and tear only exceptedevenly split the fees for the Appraiser’s services. On or before The Appraiser’s report indicating the Expiration Date or upon termination appraised fair market value of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed Gas Processing Facilities shall be deemed delivered to both parties within thirty (30) days of engagement of the Appraiser. Upon receipt of the Appraiser’s report, Rumpke shall have been abandoned. Any damage caused fifteen (15) days to accept the appraised value in the removal of such items Appraiser’s report and agree to purchase the Gas Processing Facilities at the value stated therein. If Rumpke declines, GSF shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made free to retain or installed by Lessor or Lessee upon sell the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related Gas Processing Facilities to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premisesanother party.

Appears in 1 contract

Sources: Gas Lease Agreement (Montauk Renewables, Inc.)

Surrender. On (a) Grantee may, at any time following a Repurchase Event and prior to the Expiration Date occurrence of an Exercise Termination Event (or upon such later period as provided in Section 10), relinquish the termination hereof upon Option (together with any Option Shares issued to and then owned by Grantee) to Issuer in exchange for a day cash fee equal to the Surrender Price (as defined below); PROVIDED, however, that Grantee may not exercise its rights pursuant to this Section 15 if Issuer has repurchased the Option (or any portion thereof) or any Option Shares pursuant to Section 7. The "Surrender Price" shall be equal to $325 million (i) plus, if applicable, Grantee's purchase price with respect to any Option Shares and (ii) minus, if applicable, the excess of (B) the net price, if any, received by Grantee (or any of its affiliates) pursuant to the sale of Option Shares (or any other than securities into which such Option Shares were converted or exchanged) to any unaffiliated party, over (B) Grantee's purchase price of such Option Shares. (b) Grantee may exercise its right to relinquish the Expiration DateOption and any Option Shares pursuant to this Section 15 by surrendering to Issuer, Lessee at its principal office, a copy of this Agreement together with certificates for Option Shares, if any, accompanied by a written notice stating (i) that Grantee elects to relinquish the Option and Option Shares, if any, in accordance with the provisions of this Section 15 and (ii) the Surrender Price. The Surrender Price shall peaceably surrender the Demised Premises broom-clean be payable in good order, condition and repair, reasonable wear and tear only excepted. On immediately available funds on or before the Expiration Date second business day following receipt of such notice by Issuer. (c) To the extent that Issuer is prohibited under applicable law or upon termination regulation from paying the Surrender Price to Grantee in full, Issuer shall immediately so notify Grantee and thereafter deliver or cause to be delivered, from time to time, to Grantee, the portion of the Surrender Price that it is no longer prohibited from paying, within five business days after the date on which Issuer is no longer so prohibited; provided, however, that if Issuer at any time after delivery of a notice of surrender pursuant to paragraph (b) of this Lease on Section 15 is prohibited under applicable law or regulation from paying to Grantee the Surrender Price in full, (i) Issuer shall (A) use its reasonable best efforts to obtain all required regulatory and legal approvals and to file any required notices as promptly as practicable in order to make such payments, (B) within five days of the submission or receipt of any documents relating to any such regulatory and legal approvals, provide Grantee with copies of the same, and (c) keep Grantee advised of both the status of any such request for regulatory and legal approvals, as well as any discussions with any relevant regulatory or other third party reasonably related to the same and (ii) Grantee may revoke such notice of surrender by delivery of a day other than notice of revocation to Issuer and, upon delivery of such notice of revocation, the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs Exercise Termination Date shall be extended to a date six months from the Demised Premises and date on which the Exercise Termination Date would have occurred if not for the provisions of this Section 15(c) (during which period Grantee may exercise any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterationsrights hereunder, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises including any and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of rights pursuant to this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised PremisesSection 15).

Appears in 1 contract

Sources: Stock Option Agreement (Republic New York Corp)

Surrender. On 16.01. Lessee shall on the Expiration Date last day of the Term hereof, or upon any earlier termination of this Lease, or upon any re-entry by Lessor upon the termination hereof upon a day Property pursuant to ARTICLE 17 hereof, surrender and deliver up the Property (except personal property and moveable equipment owned by Lessee and except as Lessor instructs pursuant to ARTICLE 9) and all fixtures, equipment and other than personal property now or hereafter at the Expiration Date, Lessee shall peaceably surrender Property into the Demised Premises broom-clean possession and use of Lessor in good order, the same condition and repairas received, reasonable wear and tear only tear, casualty and condemnation excepted, and free and clear of any liens created by Lessee or resulting from the acts or omissions of Lessee. On Lessee shall at no time during the Term of this Lease remove any fixtures, equipment or before other personal property from the Expiration Date Property (except personal property and moveable equipment owned by Lessee and except as Lessor instructs pursuant to ARTICLE 9) except Lessee may remove from the Property any equipment or upon other personal property which is obsolete or unfit for use or which is no longer useful in the operation of the Property. Nothing in this ARTICLE 16 shall in any way be deemed to affect any of Lessee’s obligations as to the use of the Property set forth in ARTICLE 2 of this Lease. 16.02. If the Property is not surrendered as above set forth, Lessee shall indemnify, defend and hold Lessor harmless from and against loss or liability resulting from the delay by Lessee in so surrendering the Property, including, without limitation, any claim made by any succeeding occupant founded on such delay. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease on a day other than Lease. In addition to the Expiration Dateforegoing, and in addition to the Additional Rent, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from shall pay to Lessor a sum equal to 150% of the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal Net Rent payable as of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date Lease during each month or the date of termination, portion thereof for which Lessee shall indemnify and hold remain in possession of the Property or any part thereof after the expiration or termination of the Term or of Lessee’s rights of possession, whether by lapse of time or otherwise. The provisions of this Paragraph 16.02 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Lessor harmless against any loss provided herein, at law or liabilityat equity. 16.03. Except for surrender upon the expiration or earlier termination of the Term hereof, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly no surrender all keys for the Demised Premises to Lessor at of this Lease or of the place then fixed for payment of rent Property shall be valid or effective unless agreed to and shall inform Lessor of combinations of any locks and safes on the Demised Premisesaccepted in writing by Lessor.

Appears in 1 contract

Sources: Lease Agreement (Preferred Voice Inc)

Surrender. On the Expiration Date last day of the Term or upon the sooner termination hereof upon a day other than the Expiration Datethereof, Lessee Tenant shall peaceably surrender the Demised Premises broom-clean in good order, condition and repair, reasonable wear and tear only exceptedrepair consistent with Tenant's duty to make repairs as provided in Article 6 hereof. On or before the Expiration Date last day of the Term or upon the sooner termination of this Lease on a day other than the Expiration Datethereof, Lessee shall, Tenant shall at its expense, expense remove all trade fixtures, of its equipment and other personal property and equipment and signs from the Demised Premises Premises, repairing any damage caused thereby, and any property not removed shall be deemed to have been abandoned. Any damage caused in At the removal election of such items shall be immediately repaired by Lessee and at its expense. All Landlord, all alterations, additionsadditions and fixtures, improvements and fixtures (other than trade fixtures) Tenant's equipment, which shall have been made or installed by Lessor either Landlord or Lessee Tenant upon the Demised Premises and all floor covering so installed shall remain upon as Landlord's property and shall be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, Landlord may require removal or the same at the end of the Term. It is specifically agreed that any and all telephonic, coaxial, or other computer, wordprocessing, facsimile, or electronic wiring installed by the Tenant within the Premises (hereafter "Wiring") shall be removed at Tenant's cost at expiration or termination of this Leasethe Term, unless Landlord has specifically requested in writing that said Wiring shall remain, whereupon said Wiring shall be surrendered with the Premises as Landlord's property. If the Demised Premises are not surrendered on at the Expiration Date end of the Term or the date of termination, Lessee sooner termination thereof. Tenant shall indemnify and hold Lessor harmless Landlord against any loss or liabilityliability resulting from delay by Tenant in so surrendering the Premises, claims, including without limitation, limitation claims made by any a succeeding lessee founded on or related to tenant as a result of such delay. Lessee Tenant shall promptly surrender all keys for the Demised Premises to Lessor Landlord at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premisesrent.

Appears in 1 contract

Sources: Lease Amendment (Editek Inc)

Surrender. On the Expiration Date or Except as set forth Section 17(B) above, upon the termination hereof upon a day other than expiration of this Lease, by lapse of time or otherwise, any alterations, improvements or additions erected on and attached to the Expiration Date, Lessee Premises by Tenant shall peaceably be and become the property of Landlord without any payment therefor and Tenant shall surrender the Demised Premises broom-clean (including without limitation all affixed lab benches, fume hoods, electric, plumbing, heating and sprinkling systems, fixtures and outlets, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment therein), together with all improvements, installed cabling or additions thereon, whether erected by Tenant or Landlord, broom clean, free of personal property, equipment, and/or trade fixtures (including without limitation all Tenant’s Rooftop Equipment and all autoclaves and cage washers) and otherwise in good orderthe condition in which the same are required to be maintained hereunder, condition and repair, reasonable ordinary wear and tear only tear, damage by fire or other casualty and repairs which are the responsibility of Landlord excepted. On or before the Expiration Date or upon termination Any items of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused left in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at following the expiration or sooner termination of this the Lease. If the Demised Premises , if such items are not surrendered on removed within five (5) business days after written notice from Landlord to Tenant, may, at Landlord’s option, become the Expiration Date sole and exclusive property of Landlord and this Lease shall act as a ▇▇▇▇ of sale therefor, and Landlord may sell or discard such personal property. Landlord shall not have to take any special precautions or measures with regards to any property, equipment and/or trade fixtures left within the date Premises and Landlord shall not be deemed a bailee thereof. Without limitation to the generality of terminationthe foregoing, Lessee shall indemnify Landlord may discard computers, records, files, and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for data through commercial shredding vendors that certify the Demised Premises to Lessor at destruction and shredding thereof and protection of the place then fixed for payment of rent and shall inform Lessor of combinations confidentiality of any locks and safes on the Demised Premisesinformation contained therein.

Appears in 1 contract

Sources: Lease Agreement (Talis Biomedical Corp)

Surrender. On Subject to the provisions of SECTION 5.07 hereof, on the Term Expiration Date (or upon earlier termination of this Lease), ▇▇▇▇▇▇ shall quit and surrender possession of the termination hereof upon a day other than Leased Premises to Landlord in as good order and condition as they were in on the Expiration Term Commencement Date, Lessee shall peaceably surrender the Demised Premises broom-clean in good order, condition and repair, reasonable wear and tear only tear, taking by condemnation and damage by casualty excepted. On Reasonable wear and tear shall not include any damage or before the Expiration Date deterioration that would have been prevented by good maintenance practice or upon termination by Tenant performing all of its obligations under this Lease on a day other than the Expiration Date, Lessee Lease. Tenant shall, at its expensewithout cost to Landlord, remove all furniture, equipment, trade fixtures, debris and articles of personal property owned by Tenant in the Leased Premises, and equipment and signs shall repair any damage to the Project resulting from the Demised Premises and any such removal. Any such property not removed shall be deemed to have been abandoned. Any damage caused in by Tenant by the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures Term Expiration Date (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or earlier termination of this Lease) shall be considered abandoned, and Landlord may remove any or all of such items and dispose of same in any lawful manner or store same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the Demised Premises are not surrendered on the Expiration Date cost of storing any such property after storage for thirty (30) days or the date more, Landlord may sell any or all of terminationsuch property at public or private sale, Lessee shall indemnify in such manner and hold Lessor harmless against any loss or liability, claimsat such times and places as Landlord may deem proper, without limitationnotice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, made by to the costs of such sale; second, to the costs of storing any succeeding lessee founded on or related such property; third, to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms of this Lease; and shall inform Lessor of combinations of any locks and safes on fourth, the Demised Premisesbalance, if any, to Tenant.

Appears in 1 contract

Sources: Office Building Lease (Shopnow Com Inc)

Surrender. On At or before the Expiration Date end of the Term or upon the earlier termination hereof upon a day of Tenant’s right to possession, Tenant will vacate and surrender possession of the Premises to Landlord in the condition this Lease requires Tenant will, before the end of the Term or Tenant’s right to possession: (i) remove and properly dispose of all removable equipment, inventory, furniture, furnishings, and any other personal property, garbage, or waste from the Premises and leave the Premises broom clean; (ii) remove all telecommunications equipment, including satellite dishes and wiring and cabling, that any Tenant Party has installed in or about the Premises, in accordance with Law; (iii) remove any part of any Alterations other than the Expiration DateTenant Improvements that Landlord requires Tenant to remove in accordance with this Lease; and (iv) except to the extent Landlord gives Tenant express written notice that relieves Tenant of the obligation to do so, Lessee shall peaceably surrender Tenant must put the Demised Premises broom-clean Premises, including the HVAC and other building systems, in good working order, condition and repair, subject only to reasonable wear and tear only exceptedand casualty or condemnation damage. On For the purposes of the preceding sentence, “reasonable wear and tear” does not include any damage or before deterioration that Tenant could have prevented by good maintenance and repair practice or that Tenant could otherwise have avoided by fully complying with its obligations under this Lease. At any time during or after the Expiration Date or upon termination last 9 months of this Lease on a day other than the Expiration DateTerm, Lessee shallTenant will, at its expenseLandlord’s request, remove all deliver to Landlord copies of all: (1) surveys, plans, drawings and specifications that relate to the Premises, including the Tenant Improvements and any other Alterations; (2) records relating to the generation, transporting, storing, treating, or disposing of any Hazardous Materials from the Premises during the Term; (3) engineering reports, inspection reports, maintenance logs, inspection reports, and other information that relates to the maintenance, repair, and replacement of the HVAC system and other building systems in the Premises; and (4) warranties and guarantees that cover the Tenant Improvements and any other Alterations. In addition, Landlord has the right, in anticipation of the end of the Term or Tenant’s right to possession, to enter the Premises to inspect and test the HVAC and other building systems in the Premises. Tenant will repair any damage that results from removing any Alterations, trade fixtures, and personal property and equipment restore the affected areas to a condition as good as their condition on the date Tenant took possession. Tenant will perform all such removals and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused repairs in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterationsa first-class, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injurygood, and without charge, at the expiration or termination of this Leaseworkmanlike manner. If the Demised Premises are not surrendered on in the Expiration Date condition this Lease requires when Tenant surrenders possession, Tenant will, within 10 days after demand, pay Landlord the reasonable cost of all work required to put the Premises in the condition this Lease requires, regardless of whether Landlord actually performs any or the date all of terminationsuch work, Lessee shall indemnify and hold Lessor harmless against plus any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment other damages Landlord suffers as a result of rent and shall inform Lessor of combinations of any locks and safes on the Demised PremisesTenant’s default.

Appears in 1 contract

Sources: Lease Agreement (ServiceNow, Inc.)

Surrender. On Section 9.01 No later than one hundred and eighty (180) days following either: (i) the Expiration Date last day of the term hereof or (ii) any earlier termination of this Lease, or (iii) upon the termination hereof any re-entry by Lessor upon a day other than the Expiration Date, Lessee shall peaceably surrender the Demised Premises broom-clean in good order, condition and repair, reasonable wear and tear only excepted. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Datepursuant to Article 20 hereof, Lessee shall, at its expense, remove sole cost: (a) Remove all trade fixtures, personal property and equipment and signs of the Lessee Facility from the Demised Premises and any property not removed shall be deemed to the Property, in compliance with all Applicable Laws, (b) Except for the improvements that have been abandoneddemolished and removed in accordance with Article 6, surrender the Demised Premises, free and clear of the Lessee Facility and the Lessee's interconnections referred to in Section 1.03(b) into the possession and use of the Lessor without delay, in substantially the same condition the Demised Premises were in on the Effective Date, reasonable wear and tear excepted, free and clear of all tenancies and occupancies and free and clear of all liens and encumbrances permitted or created by Lessee. Any damage to the Property, including the Demised Premises, the Common Roadways caused in by the removal of such items the Lessee Facility, or ▇▇▇▇▇▇'s interconnections, shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with sole expense of Lessee. Section 9.02 During the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the period following expiration or termination of this Lease. If Lease until the earlier of removal of the Lessee Facility or the expiration of the one hundred and eighty (180) day period described in section 9.01 above, Lessee shall be afforded an irrevocable license to the Demised Premises are not surrendered on and access thereto for the Expiration Date or purpose of removing the date Lessee Facility (the “End of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delayTerm License”). Lessee shall promptly be subject to the terms and conditions of the Lease during the End of Term License. Section 9.03 Lessee shall not be obligated to remove the Lessee Facility and perform such other activities as are related to surrender all keys for of the Demised Premises Lessee Facility as provided herein in the event that the Lessor exercises and makes effective its right to Lessor at purchase the place then fixed for payment of rent Lessee Facility as provided in section 8.05 and shall inform Lessor of combinations of any locks and safes on the Demised PremisesExhibit E hereof.

Appears in 1 contract

Sources: Ground Lease

Surrender. On 27.1 Sublessee shall and will on the Expiration Date last day of the term hereof or upon the any earlier termination hereof of this Sublease, or upon a day other than the Expiration Date, Lessee shall peaceably surrender any lawful re-entry by Sublessor upon the Demised Premises broom-clean and Improvements pursuant to Section 19 hereof, surrender and deliver up the Demised Premises and Improvements into possession and use of Sublessor without delay and in good order, condition and repair, reasonable wear and tear only excepted. On or before the Expiration Date or upon termination , free and clear of this Lease on a day all lettings and occupancies other than tenant leases then terminable at the Expiration Dateoption of the Sublessor or to which Sublessor shall have specifically consented, Lessee shalland free and clear of all liens and encumbrances other than those, if any, existing at its expense, remove all trade fixtures, the commencement of the term hereof or consented to by Sublessor. 27.2 Any personal property and equipment and signs from of Sublessee or any tenant or other occupant of the Demised Premises and any property not removed Improvements which shall remain on the Demised Premises or in the Improvements after the termination of this Sublease may, at the option of Sublessor, be deemed to have been abandonedabandoned by Sublessee or such tenant or occupant, and either may be retained by Sublessor as its property or may be disposed of, without accountability, in such manner as Sublessor may see fit. Any damage caused in Notwithstanding the removal foregoing, except if this Sublease shall expire at the end of such items its natural term or if this Sublease shall be immediately repaired terminated by Lessee and at its expense. All alterationsreason of Sublessee's default, additions, improvements and fixtures Sublessee shall be entitled to remove such personal property within ten (10) days after the termination of this Sublease. 27.3 Sublessor shall not be responsible for any loss or damage occurring to any property owned by Sublessee or tenant or other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon occupant of the Demised Premises and all floor covering so installed shall remain upon and be surrendered with or Improvements in the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are event that Sublessee does not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on timely vacate the Demised Premises. 27.4 The provisions of this Section 27 shall survive any termination of this Sublease.

Appears in 1 contract

Sources: Ground Sublease (Sky Harbour Group Corp)

Surrender. Section 21.01. On the Expiration Date or upon sooner termination of this Lease or upon any re-entry by Landlord upon the termination hereof upon a day other than Premises, Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Expiration Date, Lessee shall peaceably surrender the Demised Premises broom-clean to Landlord "broom clean" and in good order, condition and repairrepair except for ordinary wear, reasonable wear tear and tear only excepteddamage by fire or other insured casualty, together with all Improvements which have been made upon the Premises (except as otherwise provided for in this Lease). On Tenant may remove from the Real Property any or before all of Tenant's Property, the Expiration Date UPS system and/or the Generator and the Antenna and shall remove all personal property and personal effects of all persons claiming through or upon under Tenant, and shall repair all damage to the Premises and the Real Property occasioned by such removal, or in the alternative elect to pay Landlord the cost if repair of such damage. Section 21.02. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of same import then in force, in connection with any holdover proceedings which Landlord may institute to enforce the provisions of this Article. Section 21.03. Any personal property which shall remain in the Premises after the termination of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandonedabandoned and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit; provided, however, that notwithstanding the foregoing, Tenant will, upon request of Landlord made not later than 20 days after the termination of the Lease, promptly remove from the Building any personal property at Tenant's own cost and expense. If such personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any damage caused excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in the removal removing or disposing of such items personal property shall be immediately repaired reimbursed to Landlord by Lessee and at its expenseTenant as Additional Rent on demand. Section 21.04. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee If the Premises are not surrendered upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with date which is three (3) months after the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify in addition to Landlord's other remedies hereunder, Tenant hereby indemnifies Landlord and hold Lessor holds it harmless against any loss or liabilityand/or liability resulting from delay by Tenant in so surrendering the Premises, claimsincluding, without limitation, any claims made by any succeeding lessee tenant or prospective tenant founded on upon such delay, or related any loss of a prospective tenancy relating to such delay. Section 21.05. Lessee shall promptly surrender all keys for In the Demised event Tenant remains in possession of the Premises to Lessor after the termination of this Lease without the execution of a new lease, Tenant, at the place option of Landlord, shall be deemed to be occupying the Premises as a tenant from month to month, at a monthly rental equal to the greater of 1-1/2 times the Fixed Rent plus Additional Rent payable during the last month of the Term and the then fixed for payment fair market value of rent and the Premises as reasonably determined by Landlord, subject to all of the other terms of this Lease Insofar as the same are applicable to a month-to-month tenancy. Section 21.06. Tenant's obligations under this Article shall inform Lessor survive the termination of combinations of any locks and safes on the Demised Premisesthis Lease.

Appears in 1 contract

Sources: Lease (Instinet Group LLC)

Surrender. On a. At the Expiration Date expiration of the Term or upon earlier termination of this Lease, Tenant shall promptly yield up the termination hereof upon Premises and all Alterations thereto, and all Building operating fixtures and equipment in a day other than condition which is clean of garbage and debris and broom clean and in the Expiration Datesame condition, Lessee shall peaceably surrender order and repair in which they are required to be kept throughout the Demised Premises broom-clean in good orderTerm, condition and repair, reasonable ordinary wear and tear only and damage by fire or other casualty excepted. On . b. If Tenant, or before any person claiming through Tenant, continues to occupy the Expiration Date Premises after the expiration of the Term or upon earlier termination of this Lease on a day other than or any renewal thereof without prior written consent of Landlord, the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed tenancy under this Lease shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without chargebecome, at the expiration option of Landlord, expressed in a written notice to Tenant and not otherwise, a tenancy from month-to-month, terminable by Landlord on thirty (30) days prior notice, under the same terms and conditions set forth in this Lease; (ii) the Fixed Basic Rent for each month or termination portion thereof during such continued occupancy shall be one hundred fifty percent (150%) of the Fixed Basic Rent for the last month of the Term. Anything to the contrary notwithstanding, any holding over by Tenant without Landlord's prior written consent shall constitute an Event of Default under this Lease and shall be subject to all the remedies set forth in Subsection 27(b) of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises.

Appears in 1 contract

Sources: Lease (Animas Corp)

Surrender. On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Lessee The LESSEE shall peaceably surrender the Demised Premises broom-clean in good order, condition and repair, reasonable wear and tear only excepted. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or other termination of this lease remove all LESSEE’s goods and effects from the leased premises, (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the leased premises). LESSEE shall deliver to the LESSOR the leased premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the leased premises, in good condition, damage by fire or other casualty only excepted. In the event of the LESSEE’s failure to remove any of LESSEE’s property from the premises upon the expiration or other termination of the lease, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any of the property at LESSEE’s expense, or to retain same under LESSOR’s control or to sell at public or private sale, without notice any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. In the event that LESSEE continues to occupy, control or remain in any part of the Leased Premises beyond the expiration or earlier termination of the Term of this Lease, including any extensions thereto, such holding over shall not be deemed to create any tenancy, but the LESSEE shall be a Tenant at Sufferance only and shall be liable for all loss, damage or expenses incurred by the LESSOR. All other terms of this Lease shall apply, except that use and occupancy payments shall be due in full monthly installments which shall be paid to LESSOR at the times and manner determined by the LESSOR, in advance and in an amount equal to the greater of two times of either of the following: (i) Basic Annual Rent, additional rent and other sums due under the Lease, including any extensions thereto, immediately prior to termination, or (ii) LESSOR’s then published rent for the Leased Premises. It is expressly understood and agreed that such extended occupancy is a Tenancy at Sufferance only, solely for the benefit and convenience of the LESSEE and is of greater rental value. If LESSEE continues to occupy, control or remain in all or any part of the Demised Leased Premises are not surrendered on beyond noon of the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations last day of any locks monthly rental period, said action shall constitute LESSEE’s occupancy for an entire additional month, and safes on the Demised Premisesincreased payment as provided by this section, shall be due and payable immediately in advance. LESSOR’s acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’S status as a Tenant at Sufferance.

Appears in 1 contract

Sources: Commercial Lease (Interleukin Genetics Inc)

Surrender. On Section 15.01. Lessee shall, upon any expiration or earlier termination of this Lease, remove all of Lessee’s goods and effects from the Expiration Date Demised Premises. Lessee shall peaceably vacate and surrender to the Lessor the Demised Premises and deliver all keys, locks thereto, and other fixtures connected thereto, unless Lessor requests removal of the same, and all alterations and additions made to or upon the termination hereof upon a day other than Demised Premises, in the Expiration Datesame condition as they were at the commencement of the term, Lessee shall peaceably surrender or as they were put in during the Demised Premises broom-clean in good order, condition and repairterm hereof, reasonable wear and tear and damage by insured fire or other unavoidable casualty or taking or condemnation by public authority or as a result of ▇▇▇▇▇▇’s negligence only excepted. On or before In the Expiration Date or upon termination event of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, Lessee’s failure to remove all trade fixtures, personal any of Lessee’s property and equipment and signs from the Demised Premises Premises, Lessor is hereby authorized, without liability to Lessee for loss or damage, and at the sole risk of Lessee, to remove and store any of the property at Lessee’s expense, or to retain same under Lessor’s control, or to sell at public or private sale, after thirty (30) days notice to Lessee at its address last known to Lessor, any or all of the property not so removed shall be deemed and to have been abandoned. Any damage caused in apply the removal net proceeds of such items shall be immediately repaired by sale to the payment of any sum due hereunder, or to destroy such property. If Lessee and holds over at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of terminationPremises, Lessee shall indemnify be a tenant at sufferance and hold Lessor harmless against any loss or liabilityshall be liable for payment for use and occupancy thereat at the rate of two (2) times the Base Rent most recently payable, claimsplus all additional rent, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee and shall promptly surrender all keys for the Demised Premises be and remain liable to Lessor at the place then fixed for payment all damage, loss and cost incurred by Lessor, including reasonable attorneys’ fees, as a result of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premisessuch holding over by Lessee.

Appears in 1 contract

Sources: Commercial Lease Agreement

Surrender. 15.1 On the Expiration Date last day of the term demised, or upon the sooner termination hereof upon a day other than the Expiration Datethereof, Lessee Tenant shall peaceably surrender the Demised Premises broom-clean clean, in good order, condition and repair, reasonable wear and tear only excepted. On or before subject to the Expiration Date or upon termination provisions of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Leasesection 1.4 hereof. If the Demised Premises are not surrendered on at the Expiration Date end of the term or the date of terminationsooner termination thereof, Lessee Tenant shall indemnify and hold Lessor harmless Landlord against any loss or liabilityliability resulting from delay by Tenant in so surrendering the Premises, claims, including without limitation, claims made by any and succeeding lessee Tenant founded on or related to by such delay. Lessee Tenant shall promptly surrender all keys for the Demised Premises premises to Lessor the Landlord at the place then fixed for payment of rent. Tenant's covenants hereunder shall survive the expiration or termination of this Lease. 15.2 If the Tenant shall occupy the Premises with the consent of the Landlord after the expiration of this Lease and the rent is accepted from tenant, such occupancy and payment shall inform Lessor be construed as an extension of combinations this Lease for a term expiring on the last day of the month next following the month in which the Lease expired, and occupation thereafter shall operate to extend the term of this Lease for but one (1) month at a time, unless other terms of such expiration are made in writing and signed by the parties hereto. In such event, if either Landlord or Tenant desires to terminate said occupancy at the end of any locks and safes month after the termination of this Lease, the Party so desiring to terminate shall give the other party at least thirty (30) days written notice to that effect. Failure on the Demised part of the Tenant to give such notice shall obligate it to pay such rent for an additional calendar month following the month in which the Tenant has vacated the Premises.. 109

Appears in 1 contract

Sources: Lease Agreement (Rascals International Inc)

Surrender. On (a) Upon the Expiration Date expiration or sooner termination of this Lease with respect to all or part of the Premises, or upon re-entry by Landlord upon the termination hereof upon a day other than the Expiration DatePremises pursuant to Article 20 hereof, Lessee Tenant, at Tenant’s expense, shall peaceably quit and surrender the Demised Premises broom-clean to Landlord in good order, condition and repair, reasonable ordinary wear and tear only tear, Casualty and Condemnation and other damage for which Tenant is not responsible hereunder excepted. On or before , and with all Tenant’s Property removed (except as otherwise provided in this Lease), and any damage arising out of such removal repaired, and Tenant shall deliver the Expiration Date or upon termination Premises to Landlord free and clear of this Lease on a day all lettings, occupancies, liens and encumbrances other than those not created by, through or under Tenant (such as any created by Landlord or the Expiration Date, Lessee shall, at its expense, Ground Lessor). Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Premises on any such expiration or termination date. (b) Tenant shall not be required to remove all trade fixtures, personal property and equipment and signs from the Demised Premises and Building any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, Alterations or leasehold improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or earlier termination of this Lease, except (i) as otherwise set forth in Section 28.01(a), (ii) for any Designated Specialty Alterations required to be removed pursuant to the terms of Section 14.07 and this Section 28.01(b), and (iii) for any Vertical Wiring required to be removed by Tenant pursuant to the terms of this Section 28.01(b). Notwithstanding the foregoing, Tenant may elect not to remove any Designated Specialty Alterations and/or Vertical Wiring by notice (“Tenant’s Restoration Notice”) given to Landlord no later than 12 months before the expiration of this Lease (or within 30 days after the earlier termination of this Lease), which Tenant’s Restoration Notice shall specify such Designated Specialty Alterations and/or Vertical Wiring that Tenant does not want to remove. If Tenant timely gives Tenant’s Restoration Notice, then, notwithstanding anything contained in this Lease to the Demised contrary, Landlord shall have the right to enter the Premises are not surrendered on at any time after the date that is 60 days before the then Expiration Date or and remove from the date Premises any Designated Specialty Alterations and/or Vertical Wiring so specified in Tenant’s Restoration Notice (“Landlord’s Specialty Alterations Restoration Work”) and Tenant shall permit Landlord to have such access at all times thereafter to perform Landlord’s Specialty Alterations Restoration Work. If required and deemed reasonably necessary by Landlord in connection with the performance of terminationLandlord’s Specialty Alterations Restoration Work, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee Tenant shall promptly surrender all keys for remove from the Demised Premises to Lessor at the place then fixed for payment any items of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises.Tenant’s Property as Landlord may require (“

Appears in 1 contract

Sources: Lease Agreement (Bank of New York Mellon Corp)

Surrender. On Upon expiration or earlier termination of Tenant’s right of possession, Tenant, subject to the Expiration Date or upon provisions of Section 42 below and to the termination hereof upon a day other than the Expiration Dateexercise of any remedies by Landlord, Lessee may remove Tenant’s Property and shall peaceably surrender the Demised Premises broom-clean to Landlord in good ordersubstantially the same condition as received, condition and repairbroom clean, reasonable ordinary wear and tear only tear, approved Alterations, and casualty loss and condemnation covered by Sections 18 and 19 excepted, and shall return to Landlord all keys to offices and restrooms furnished to, or otherwise procured by, Tenant. On If any such key is lost Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost key or before the Expiration Date cost of changing the lock or upon locks opened by such lost key. Any Trade Fixtures, Alterations, and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and/or disposition of such property. All obligations of either party that have arisen and/or become binding hereunder but have not been fully satisfied as of the expiration or earlier termination of this Lease on a day other than shall survive such expiration or earlier termination, including without limitation, indemnity obligations, payment obligations (including Rent), obligations concerning the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property condition and equipment and signs from repair of the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injuryPremises, and without chargethe obligation to obtain all required Hazardous Materials Clearances. Without limiting the generality of the foregoing, at the following provisions shall survive the expiration or earlier termination of this Lease: (a) the indemnity obligations contained in Sections 7, 12, 14(b), 16(a), 16(b), 30(a), 30(d), 35, and 38(b); (b) the payment obligations contained in Sections 3, 5, 6, 8, 9, 11, 15, 21(a), 21b), 22(d), and 42; (c) the maintenance, repair, restoration, and/or demolition obligations contained in Sections 12, 13, 18, and 42; (d) the obligation to obtain Net Greenhouse Lease ▇.▇. If ▇▇▇▇▇▇▇▇▇ Ave., RTP/Paradigm Genetics, Inc. – Page 29 Hazardous Materials Clearances contained in Sections 18 and 42; and (e) the Demised Premises are not surrendered on the Expiration Date or the date of terminationagreements contained in Sections 29, Lessee shall indemnify 36, and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises44.

Appears in 1 contract

Sources: Assignment and Assumption Agreement (Icoria, Inc.)

Surrender. On Sublessee shall, on the Expiration Date or upon the termination hereof upon a day other than the Sublease Expiration Date, Lessee shall peaceably surrender and deliver the Demised Premises broom-clean Sublet Premises, with the improvements then located thereon and the appurtenances thereto, into the possession and use of Sublessor, without fraud or delay and in good order, condition and repair, reasonable repair (ordinary wear and tear only and damage by casualty not caused by Sublessee excepted. On or before the Expiration Date or upon termination ), free and clear of this Lease on a day all letting and occupancies, and free and clear of all liens and encumbrances other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered those existing on the Expiration Date or the date of terminationthis Sublease or resulting from the actions of Sublessor or Overlandlord without any payment or allowance by Sublessor on account of or for any improvements erected or maintained on the Sublet Premises at the time of the surrender, Lessee shall or for the contents thereof or appurtenances thereto and, also, as may otherwise be required by the Overlease. In the event Sublessee does not timely and fully co▇▇▇▇ ▇▇▇▇ the terms of this paragraph, and in addition to all other rights and remedies to which Sublessor is entitled as provided in this Sublease, at law and/or in equity, Sublessee will indemnify and hold Lessor Sublessor harmless from and against any loss or liabilityand all liabilities, losses, damages, expenses, causes of action, claims, fines and judgments made by Overlandlord and/or arising (in whole or in part) under the Overlease (including, without limitation, made all sums due or c▇▇▇▇▇▇ ▇▇ be due under the Overlease). Also, Sublessee shall remove, at Sublessee's cost, b▇ ▇▇▇▇ ▇▇te all such fixtures and improvements installed by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor Sublessee at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on Sublet Premises if so required by the Demised PremisesOverlease or by Sublessor.

Appears in 1 contract

Sources: Sublease Agreement (Gp Strategies Corp)

Surrender. On 15.1 Upon the Expiration Date expiration or upon earlier termination hereof, and except as otherwise provided herein (including in Sections 7.1.4, 7.1.5, 7.1.6, 8 and 11 and this Section 15), (a) Tenant shall surrender possession of the termination hereof upon a day other than the Expiration Date, Lessee shall peaceably surrender the Demised Premises broom-clean to Landlord in as good order, condition and repairrepair as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, except for reasonable wear and tear only excepted. On or before tear; and (b) without limiting the Expiration Date or upon termination of this Lease on a day other than the Expiration Datepreceding clause (a), Lessee shallTenant, at its expense, before surrendering the Premises, shall have caused the Tenant Systems to have been audited, serviced and repaired by a reputable and licensed service firm reasonably acceptable to Landlord so that the Tenant Systems shall have been put in as good condition and repair as when Tenant took possession and as thereafter improved by Landlord and/or Tenant (including replacement of any burned out or broken light bulbs or ballasts), except for reasonable wear and tear (as determined taking into account the age of each Tenant System). If Tenant fails to timely perform any work required under this Section 15.1, then, without limiting its remedies, Landlord may do so, in which case Tenant shall pay Landlord, upon demand, the cost of such work. 15.2 Before the expiration or earlier termination hereof, Tenant, without expense to Landlord, shall (a) remove from the Premises all debris and rubbish and all furniture, equipment, trade fixtures, Lines, free-standing cabinet work, movable partitions and other articles of personal property that are owned or placed in the Premises by Tenant or any party claiming by, through or under Tenant (except for any Lines not required to be removed under Section 23), and equipment (b) repair all damage to the Premises and signs Building resulting from such removal. If Tenant fails to timely perform such removal and repair, Landlord may do so at Tenant’s expense (including storage costs). If Tenant fails to remove such property from the Demised Premises and Premises, or from storage, within 30 days after notice from Landlord, any part of such property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without chargedeemed, at the expiration Landlord’s option, either (x) conveyed to Landlord without compensation, or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises(y) abandoned.

Appears in 1 contract

Sources: Office Lease (Atmel Corp)

Surrender. Section 4.1 On the Expiration Date last day of the term hereof, as it may be extended by LESSEE'S exercise of the renewal option contained in Section 1 .3 hereof, or upon any earlier termination of this Lease, or upon any legally justified reentry by LESSOR upon the termination hereof upon a day other than the Expiration DateDemised Premises, Lessee LESSEE shall peaceably surrender the Demised Premises, together with all improvements located thereon and, except as provided for at Section 4.2, all fixtures and articles of personal property attached to the building at the Demised Premises broom-clean and which are the property of LESSEE and let LESSOR into the possession and use of the Demised Premises without delay, and subject to the provisions of Section 4.2 hereof, in good order, condition and repair, reasonable wear and tear only excepted. On , and free and clear of all liens and encumbrances other than those, if any, permitted by this Lease or before created or consented to by LESSOR. Section 4.2 Where furnished by or at the Expiration Date expense of LESSEE, furniture, trade fixtures and business equipment, may be removed by the LESSEE; provided, however, that LESSEE shall not be in default on any covenants of this Lease and LESSEE shall with due diligence, and without expense to LESSOR, cause the Demised Premises to be restored to the condition prior to such removal and cause any injury due to such removal to be repaired promptly upon the termination of this Lease. Section 4.3 Any personal property of LESSEE or upon any sublessee which shall remain in the Demised Premises after the termination of this Lease on a day other than the Expiration Date, Lessee shallmay, at its expensethe option of LESSOR, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused abandoned by LESSEE or such sublessee and either may be retained by LESSOR as its property or be disposed of without accountability in the removal of such items manner as LESSOR may deem fit. Section 4.4 LESSOR shall not be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against responsible for any loss or liability, claims, without limitation, made damage occurring to any property owned by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised PremisesLESSEE.

Appears in 1 contract

Sources: Lease (Peaches Entertainment Corp)

Surrender. On Subject to its rights of removal described in Section 12 above, the Expiration Date Lessee shall at the expiration or other termination of this Lease remove all Lessee's goods and effects from the Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the Lessee, either inside or outside the Premises). Lessee shall deliver to the Lessor the Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the termination hereof upon a day other than Premises, in the Expiration Datesame condition as they were at the commencement of the Term, Lessee shall peaceably surrender or in the Demised Premises broom-clean case of permitted alterations, additions and improvements as they were put in good order, condition and repairduring the term hereof, reasonable wear and tear and damage by fire or other casualty and condemnation and repairs which are Lessor's responsibility only excepted. On In the event of the Lessee's failure to remove any of Lessee's property from the Premises, Lessor is hereby authorized, without liability to Lessee for loss or before damage thereto, and at the Expiration Date or upon termination sole risk of this Lease on a day other than Lessee, to remove and store any of the Expiration Date, Lessee shall, property at its Lessee's expense, remove or to retain same under Lessor's control or to sell at public or private sale, without notice, any or all trade fixtures, personal property and equipment and signs from of the Demised Premises and any property not so removed shall be deemed and to have been abandoned. Any damage caused in apply the removal net proceeds of such items shall sale to the payment of any sum due hereunder, or to destroy such property. Lessee recognizes that the Lessor may be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee required to guarantee delivery of possession to the new occupant promptly upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or earlier termination of this Lease. If Accordingly, Lessee specifically agrees to remove all of its goods and effects and to deliver full possession of the Demised Premises are to Lessor not surrendered on the Expiration Date or later than the date of terminationthe expiration or earlier termination hereof in order to avoid substantial, and perhaps irreparable harm to Lessor, Lessee agrees that Lessor shall indemnify and hold have all remedies available at law or in equity for Lessee's failure so to do. In addition to all such remedies, Lessee further agrees that any holding over by it which has not been consented to in writing by Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor be treated as a tenancy at sufferance at the place greater of (i) one and one-half times the monthly rent, or (ii) market rent for one (1) year (on a monthly basis), plus other charges then fixed applicable as of the date of the expiration or earlier termination of this Lease, and such tenancy at sufferance shall otherwise be on the terms and conditions set forth in this Lease so far as applicable. Any monies received after the termination date of the Lease will be applied for payment of rent "use and occupancy only" and will not reestablish the tenancy and shall inform Lessor of combinations of any locks and safes otherwise be on the Demised Premisesterms and conditions set forth in this Lease, as far as applicable.

Appears in 1 contract

Sources: Lease (Abiomed Inc)

Surrender. On the Expiration Date last day of the Term, or upon on any earlier termination of this Lease, Tenant, except as hereinafter specifically provided in this subparagraph (e), shall remove all of its personal property, including movable furniture, trade fixtures and equipment not permanently attached to the termination hereof upon a day other than the Expiration Date, Lessee shall peaceably Premises and surrender the Demised Premises broom-clean to Landlord in the same condition as when received, broom clean, ordinary wear and tear, casualty and condemnation excepted. Subject to Tenant's right to remove improvements and alterations to the Premises as provided in paragraph 10 below, all improvements and alterations to the Premises, whether such were made by the Landlord pursuant to the provisions of paragraph 3 above or by the Tenant as allowed by paragraph 10 below, whether temporary or permanent in character, shall be the Landlord's property on termination of this Lease and shall be surrendered to Landlord in good order, condition and repair, reasonable ordinary wear and tear only tear, casualty and condemnation excepted. On , upon expiration of the Term or before the Expiration Date or upon other termination of this Lease on a day other Lease, all without compensation to Tenant; provided, however, if, except as otherwise provided in subparagraph 3(k) above, Landlord has retained the option under subparagraphs 10(a) or 3(e) to require Tenant to remove any such alterations or improvements, Tenant shall remove such upon written notice given by Landlord to Tenant not later than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed sixty (60) days prior to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration date of the Term or within fifteen (15) days after any earlier termination of this Lease. If Tenant shall repair in a workmanlike manner all damage to the Demised Premises are not surrendered on occasioned by the Expiration Date or the date Tenant's removal of terminationalterations, Lessee shall indemnify improvements and hold Lessor harmless against any loss or liability, claimspersonal property (including, without limitation, made by any succeeding lessee founded on or related its trade fixtures, furnishings and equipment), which repair shall include, without limitation, the patching and filling of holes and repair of structural damage to such delaythe Premises. Lessee shall promptly surrender all keys for Notwithstanding the Demised Premises to Lessor provisions of this subparagraph (e), in the event Tenant is in default of this Lease as defined in paragraph 17 below, at the place then fixed for payment end of rent and the Term or on any earlier termination of this Lease, all personal property of Tenant shall inform Lessor of combinations of any locks and safes on remain at the Demised PremisesPremises so as to enable Landlord to enforce its statutory lien interests set forth in subparagraph 6(c) hereof.

Appears in 1 contract

Sources: Industrial Lease (Catalytica Energy Systems Inc)

Surrender. On LESSEE shall at the Expiration Date expiration or earlier termination of this Lease remove all of LESSEE's good and effects from the Premises (including, without hereby limiting the generality of the foregoing, all lettering, affixed or painted by the LESSEE, either inside or outside the Property). LESSEE shall deliver to LESSOR the Premises (subject to reasonable wear and tear and damage by other casualty) and all keys, locks thereto, and other fixtures and equipment connected therewith to the extent installed by LESSOR and all alterations, additions and improvements made to or upon the termination hereof upon a day other than Premises, including, but not limited to, any offices, partitions, plumbing and plumbing fixtures, air conditioning equipment and duct and plumbing fixtures, air conditioning equipment and duct work of any type, exhaust or heaters, burglar alarms, telephone wiring, air or gas distribution piping, compressors, to the Expiration Dateextent that the foregoing are attached to the walls or floors and all electrical work, including but not limited to, lighting fixtures of any type, wiring conduits, distribution panels, bus ducts, raceways, outlets and disconnects. Lessee shall peaceably surrender not be obligated to restore the Demised Premises broomto its pre-occupancy status. LESSEE shall deliver the Premises in a clean and neat order and in good orderthe same conditions as they were at the commencement of the term, condition and repairor as they were put in during the term hereof, reasonable wear and tear and damage by fire or other casualty only excepted. On or before LESSEE shall have the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, right to remove all any trade fixtures, equipment or personal property owned by LESSEE and equipment and signs located in the Premises. In the event of LESSEE's failure to remove any of the foregoing from the Demised Premises Premises, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any such property at LESSEE's expense, or to retain the same under LESSOR's control or to sell at public or private sale without notice, any or all the property not removed so recovered and to apply the net proceeds from such sale to the payment of any sum due hereunder, or to destroy such property which shall be conclusively deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises.

Appears in 1 contract

Sources: Lease Agreement (Ydi Wireless Inc)

Surrender. On Subject to its rights of removal described in Section 12 above, the Expiration Date Lessee shall at the expiration or other termination of this Lease remove all Lessee’s goods and effects from the Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the Lessee, either inside or outside the Premises, other than any monument signs) but shall not be required to remove cabling, telecommunication or security systems upon surrendering the Premises to Lessor. Lessee shall deliver to the Lessor the Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the termination hereof upon a day other than Premises, in the Expiration Datesame condition as they were at the commencement of the Term, Lessee shall peaceably surrender or in the Demised Premises broom-clean case of permitted alterations, additions and improvements as they were put in good order, condition and repairduring the term hereof, reasonable wear and tear and damage by fire or other casualty and condemnation and repairs which are Lessor’s responsibility only excepted. On In the event of the Lessee’s failure to remove any of Lessee’s property from the Premises, Lessor is hereby authorized, without liability to Lessee for loss or before damage thereto, and at the Expiration Date or upon termination sole risk of this Lease on a day other than Lessee, to remove and store any of the Expiration Date, Lessee shall, property at its Lessee’s expense, remove or to retain same under Lessor’s control or to sell at public or private sale, without notice, any or all trade fixtures, personal property and equipment and signs from of the Demised Premises and any property not so removed shall be deemed and to have been abandoned. Any damage caused in apply the removal net proceeds of such items shall sale to the payment of any sum due hereunder, or to destroy such property. Lessee recognizes that the Lessor may be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee required to guarantee delivery of possession to the new occupant promptly upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or earlier termination of this Lease. If Accordingly, Lessee specifically agrees to remove all of its goods and effects and to deliver full possession of the Demised Premises are to Lessor not surrendered on the Expiration Date or later than the date of terminationthe expiration or earlier termination hereof in order to avoid substantial, and perhaps irreparable harm to Lessor, Lessee agrees that Lessor shall indemnify and hold have all remedies available at law or in equity for Lessee’s failure so to do. In addition to all such remedies, Lessee further agrees that any holding over by it which has not been consented to in writing by Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor be treated as a tenancy at sufferance at the place greater of (i) one and one-half times the monthly rent, or (ii) market rent for one (1) year (on a monthly basis), plus other charges then fixed applicable as of the date of the expiration or earlier termination of this Lease, and such tenancy at sufferance shall otherwise be on the terms and conditions set forth in this Lease so far as applicable. Any monies received after the termination date of the Lease will be applied for payment of rent “use and occupancy only” and will not reestablish the tenancy and shall inform Lessor of combinations of any locks and safes otherwise be on the Demised Premisesterms and conditions set forth in this Lease, as far as applicable.

Appears in 1 contract

Sources: Lease Agreement (Abiomed Inc)

Surrender. On 16.1 Lessee shall on the Expiration Date last day of the Term hereof, or upon any earlier termination of this Lease, or upon any re-entry by Lessor upon the termination hereof upon a day Property pursuant to ARTICLE 17 hereof, surrender and deliver up the Property (except personal property and moveable equipment owned by Lessee and except as Lessor instructs pursuant to ARTICLE 9) and all fixtures, equipment and other than personal property now or hereafter at the Expiration Date, Lessee shall peaceably surrender Property into the Demised Premises broom-clean possession and use of Lessor in good order, the same condition and repairas received, reasonable wear and tear only tear, casualty and condemnation excepted, and free and clear of any liens created by Lessee or resulting from the acts or omissions of Lessee. On Lessee shall at no time during the Term of this Lease remove any fixtures, equipment or before other personal property from the Expiration Date Property (except personal property and moveable equipment owned by Lessee and except as Lessor instructs pursuant to ARTICLE 9) except Lessee may remove from the Property any equipment or upon other personal property which is obsolete or unfit for use or which is no longer useful in the operation of the Property. Nothing in this ARTICLE 16 shall in any way be deemed to affect any of Lessee’s obligations as to the use of the Property set forth in ARTICLE 2 of this Lease. 16.2 If the Property is not surrendered as above set forth, Lessee shall indemnify, defend and hold Lessor harmless from and against loss or liability resulting from the delay by Lessee in so surrendering the Property, including, without limitation, any claim made by any succeeding occupant founded on such delay. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease on a day other than Lease. In addition to the Expiration Dateforegoing, and in addition to the Additional Rent, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from shall pay to Lessor a sum equal to 150% of the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal Net Rent payable as of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date Lease during each month or the date of termination, portion thereof for which Lessee shall indemnify and hold remain in possession of the Property or any part thereof after the expiration or termination of the Term or of Lessee’s rights of possession, whether by lapse of time or otherwise. The provisions of this Paragraph 16.02 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Lessor harmless against any loss provided herein, at law or liabilityat equity. 16.3 Except for surrender upon the expiration or earlier termination of the Term hereof, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly no surrender all keys for the Demised Premises to Lessor at of this Lease or of the place then fixed for payment of rent Property shall be valid or effective unless agreed to and shall inform Lessor of combinations of any locks and safes on the Demised Premisesaccepted in writing by Lessor.

Appears in 1 contract

Sources: Stock Purchase Agreement (Preferred Voice Inc)

Surrender. (a) On the Expiration Date Effective Date, Subtenant surrendered possession to Sublandlord of a portion of the Existing Subleased Premises (the “Surrender Space”) located on the 10th floor of the Building, such Surrender Space containing 2,745 square feet of Rentable Area and being depicted more particularly on Exhibit G attached hereto (the “Surrender Space”), free and clear of any rights, claims or upon encumbrances of others, and, except as otherwise herein provided, in the termination hereof upon a day condition required pursuant to Article 13 of the Master Lease. (b) Subtenant hereby represents and warrants to Sublandlord the following as of the Effective Date: (i) Subtenant owns and holds the entire Subtenant’s interest under the Sublease; (ii) other than the Expiration DateSublease, Lessee shall peaceably surrender there exists no sublease affecting the Demised Premises broom-clean Surrender Space or any part thereof; (iii) Subtenant has not assigned or encumbered Subtenant’s interest under the Sublease or any part thereof; (iv) the Surrender Space is free of any lien, claim or encumbrance of any person claiming by, through or under Subtenant and no contracts for the furnishing of any labor or materials with respect to improvements or alterations in good order, condition and repair, reasonable wear and tear only excepted. On or before about the Expiration Date Surrender Space let by Subtenant are outstanding or upon termination of this Lease on a day other than unpaid; (v) no improvements or alterations in or about the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall Surrender Space have been made by or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered on behalf of Subtenant except in accordance with the Demised Premises as a part thereofterms and provisions of the Sublease; (vi) Subtenant has full right, power and authority to enter into this Agreement without disturbance, molestation the consent or injuryapproval of any person, and without (vii) Subtenant has no knowledge of any fact or circumstance which would give rise to any claim, demand, action or cause of action arising out of or in connection with Subtenant’s leasing or surrender of the Surrender Space. (c) Subtenant shall defend, indemnify and save Sublandlord harmless from and against all loss or damage sustained by Sublandlord (including all reasonable expenses, costs and attorneys fees of Sublandlord in any action or defense undertaken by Sublandlord to protect itself from such loss or damage) resulting from any breach by Subtenant of the representations, warranties and covenants made herein, and from any lien, charge, at encumbrance or claim pertaining to Subtenant’s leasing of the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded Surrender Space on or related prior to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised PremisesEffective Date.

Appears in 1 contract

Sources: Sublease (Hyatt Hotels Corp)

Surrender. On The LESSEE shall at the Expiration Date expiration or other --------- termination of this Lease yield up and peaceably surrender all portions of the Leased Premises to LESSOR and shall remove all LESSEE's goods and effects therefrom (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises). LESSEE shall deliver to the LESSOR the Leased Premises and all keys, locks thereto, and all fixtures, alterations and additions made to or upon the termination hereof upon a day other than Leased Premises, except for moveable partitions and furnishings installed at the Expiration DateLESSEE's expense, Lessee shall peaceably surrender in the Demised Premises broom-clean same condition as they were at the commencement of the Term, or as they were put in good order, condition and repairduring the Term hereof, reasonable wear and tear and damage by fire, other casualty or eminent domain and matters for which the LESSOR is responsible hereunder only excepted. On All moveable partitions and furnishings, installed in the Leased Premises at the LESSEE's expense prior to or before during the Expiration Date Term of the Lease may be removed by the LESSEE at the expiration or upon other termination of this Lease on a day other than the Expiration Date, Lessee Lease. The LESSEE shall, at its expense, promptly repair any and all damage to the Leased Premises resulting from such removal. In the event of the LESSEE's failure to remove all trade fixtures, personal any of the LESSEE's property and equipment and signs from the Demised Premises and any property not removed shall be deemed Leased Premises, LESSOR is hereby authorized, upon fifteen (15) days written notice to have been abandoned. Any the LESSEE without liability to LESSEE for loss or damage caused in the removal of such items shall be immediately repaired by Lessee thereto, and at its the sole risk of LESSEE, to remove and store and/or sell any of the property at LESSEE's sole cost and expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises.

Appears in 1 contract

Sources: Lease (Call Points Inc)

Surrender. On The Tenant shall at the Expiration Date expiration or other termination of this Lease, remove all of Tenant’s goods and effects from the leased premises, and all of Tenant’s tel/data cabling and specialty finishes specifically identified by Landlord in writing upon review of ▇▇▇▇▇▇’s plans (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the Tenant, either inside or outside the leased premises, except for the signage in the Building directory provided by Landlord). Tenant shall deliver to the Landlord the leased premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the termination hereof upon a day leased premises (except as otherwise agreed at the time of construction or installation), in the condition required under Section 11 hereof, damage by fire or other than the Expiration Date, Lessee shall peaceably surrender the Demised Premises broom-clean in good order, condition and repaircasualty, reasonable wear and tear tear, and taking by eminent domain only excepted. On In the event of the Tenant’s failure to remove any of Tenant’s property from the premises, Landlord is hereby authorized, without liability to Tenant for loss or before damage thereto, and at the Expiration Date or upon termination sole risk of this Lease on a day other than Tenant, to remove and store any of the Expiration Date, Lessee shall, property at its Tenant’s expense, remove or to retain same under ▇▇▇▇▇▇▇▇’s control or to sell at public or private sale, without notice any or all trade fixturesof the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, personal property and equipment and signs or to destroy such property. In the event that ▇▇▇▇▇▇ does not move from the Demised Premises and any property not removed leased premises at the end of the term (as may be extended), the Base Rent shall be deemed to have been abandoned. Any damage caused in the removal of such items then existing Base Rent multiplied by 150% for the first thirty (30) days, then 200 percent, and Tenant shall be immediately repaired by Lessee and considered a Tenant at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premisessufferance.

Appears in 1 contract

Sources: Commercial Lease (Pine Technology Acquisition Corp.)

Surrender. On (a) Either party may at any time and from time to time surrender its entire interest with respect to any portion or portions of the Expiration Date Lands by giving to the other party, at least sixty (60) days before the date for payment of rentals attributable to those portions of the Lands proposed to be surrendered or upon the termination hereof upon a day accrual of any obligation thereon other than the Expiration Dateobligation to pay royalties, Lessee a written notice (hereinafter called the "surrender notice"), which shall peaceably be duly executed and which shall specify the portions of the Lands proposed to be surrendered (which portions are hereinafter called the "surrendered rights"). It is specifically understood that the surrendered rights shall be of a size and dimension which the other party hereto can in turn surrender should it wish to do so. (b) If the Demised Premises broom-clean party to whom the surrender notice is given fails to advise the party giving the notice, in good orderwriting, condition within twenty (20) days after receipt of the surrender notice, that it elects to join in the surrender of the surrendered rights, the party giving the surrender notice shall convey to the other party its entire interest in and repairto the surrendered rights, reasonable wear and tear only excepted. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date▇▇▇▇▇, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from material located thereon and attributable thereto, and thereupon the Demised Premises parties hereto shall do all things and any property complete and deliver all documents necessary to register the entire interest in the surrendered rights in the name of the party who did not removed elect to join in the surrender, and upon such conveyance "the Lands" shall be deemed to have been abandonedbe amended so as to exclude therefrom the surrendered rights. Any damage caused If Panarctic is the surrendering party as to any Permit or lease or portion thereof, Panarctic will in the removal of such items shall be immediately repaired by Lessee and addition to its obligations above insure at its expense. All alterationsexpense that there are sufficient allowable expenditures, additionscash, improvements and fixtures (other rent or otherwise to maintain the properties in good standing for a period not less than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or one year from the date of terminationconveyance. The party receiving such conveyance shall forthwith pay to Operator for credit to the account of the parties a sum equal to the fair salvage value of all recoverable material and equipment located upon and attributable to the surrendered rights less the estimated cost of salvaging, Lessee such value to be determined in accordance with the Accounting Procedure. Upon the execution and delivery of the conveyance by the surrendering party, the surrendering party shall indemnify be released and hold Lessor harmless against any loss or liabilitydischarged from all obligations thereafter accruing with respect to the surrendered rights, claims, without limitation, made by any succeeding lessee founded on or related to but such delay. Lessee conveyance shall promptly surrender all keys for not release the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations surrendering party from its proportionate share of any locks and safes on obligation or liability which ought to have been performed or may have accrued prior to the Demised Premisesconveyance of the surrendered rights.

Appears in 1 contract

Sources: Farmout Agreement (Canada Southern Petroleum LTD)

Surrender. On the Expiration Date or upon the termination hereof upon a day other than the Expiration DateUnless otherwise agreed to by ▇▇▇▇▇▇▇▇, Lessee shall peaceably surrender the Demised Premises broom-clean in good order, condition and repair, reasonable wear and tear only excepted. On on or before the Expiration Date expiration of the Term, or upon if applicable, within six (6) months after an early termination of this Lease, subject to extension for delays caused by Landlord or an event of Force Majeure and. except as otherwise provided herein, Tenant shall, at its sole cost and expense, (a) remove the Tenant Improvements (including concrete foundations and underground pipelines to a depth of 36 inches), equipment and all of Tenant’s other personal property from the Land, other than any Tenant Improvements, or any portion thereof, that the Parties mutually agree in writing shall not be removed from the Land, (b) restore the Land to post-clearing grade level, (c) complete any environmental remediation required by Tenant pursuant to Section 9.2, and (d) thereafter vacate and surrender possession of the Land to Landlord. Any Tenant Improvements, or any portion thereof, that the Parties mutually agree in writing shall not be removed from the Land pursuant to this Section 4.6 shall become the property of Landlord, on an AS IS, WHEREAS basis, without any representations or warranties, expressed or implied (including warranties of merchantability and fitness for a particular purpose). Except for Tenant Improvements identified in Schedule 1, any other Tenant Improvements that remain on the Land after the expiration of the Term or six (6) months after the early termination of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed (subject to extension for delays caused by Landlord or an event of Force Majeure) shall be deemed abandoned or forfeited by Tenant and, Landlord may remove and dispose of same without any liability to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee Landlord and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against Tenant hereby agrees to reimburse Landlord any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premisesreasonable expenses therefor.

Appears in 1 contract

Sources: Ground Lease (Rice Acquisition Corp. II)

Surrender. On Section 15.01. Lessee shall, upon any expiration or earlier termination of this Lease, remove all of Lessee’s goods and effects from the Expiration Date Demised Premises. Lessee shall peaceably vacate and surrender to the Lessor the Demised Premises and deliver all keys, locks thereto, and other fixtures connected thereto, unless Lessor requests removal of the same, and all alterations and additions made to or upon the termination hereof upon a day other than Demised Premises, in the Expiration Datesame condition as they were at the commencement of the term, Lessee shall peaceably surrender or as they were put in during the Demised Premises broom-clean in good order, condition and repairterm hereof, reasonable wear and tear and damage by insured fire or other unavoidable casualty or taking or condemnation by public authority or as a result of Lessor’s negligence only excepted. On or before In the Expiration Date or upon termination event of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, Lessee’s failure to remove all trade fixtures, personal any of Lessee’s property and equipment and signs from the Demised Premises Premises, Lessor is hereby authorized, without liability to Lessee for loss or damage there at, and at the sole risk of Lessee, to remove and store any of the property at Lessee’s expense, or to retain same under Lessor’s control or to sell at public or private sale, after thirty (30) days notice to Lessee at its address last known to Lessor, any or all of the property not so removed shall be deemed and to have been abandoned. Any damage caused in apply the removal net proceeds of such items shall be immediately repaired by sale to the payment of any sum due hereunder, or to destroy such property. If Lessee and holds over at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of terminationPremises, Lessee shall indemnify be a tenant at sufferance and hold Lessor harmless against any loss or liabilityshall be liable for payment for use and occupancy thereat at the rate of two (2) times the Base Rent most recently payable, claimsplus all additional rent, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee and shall promptly surrender all keys for the Demised Premises be and remain liable to Lessor at the place then fixed for payment all damage, loss and cost incurred by Lessor, including reasonable attorneys’ fees, as a result of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premisessuch holding over by Lessee.

Appears in 1 contract

Sources: Sublease (Radius Health, Inc.)

Surrender. On Subject to the Expiration Date provisions of the Landlord's Waiver and Consent, which LESSOR agrees to execute for the benefit of LESSEE's equipment lessor, substantially in the form attached hereto as Exhibit __ , the LESSEE shall at the expiration or other termination of this Lease yield up and peaceably surrender all portions of the Leased Premises to LESSOR and shall remove all LESSEE'S goods and effects therefrom (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises). LESSEE shall deliver to the LESSOR the Leased Premises and all keys, locks thereto, and all fixtures, alterations and additions made to or upon the termination hereof upon a day other than Leased Premises, except for moveable partitions and furnishings installed at the Expiration DateLESSEE'S expense, Lessee shall peaceably surrender in the Demised Premises broom-clean same condition as they were at the commencement of the term, or as they were put in good order, condition and repairduring the term hereof, reasonable wear and tear and damage by fire, other casualty or eminent domain and matters for which the LESSOR is responsible hereunder only excepted. On All moveable partitions and furnishings, and so long as LESSEE has expended $1.7 million dollars in Tenant Improvements, those items specified on Exhibit __ attached to this Lease, installed in the Leased Premises at the LESSEE's expense prior to -41- 55 or before during the Expiration Date term of the Lease may be removed by the LESSEE at the expiration or upon other termination of this Lease on a day other than the Expiration Date, Lessee Lease. The LESSEE shall, at its expense, promptly repair any and all damage to the Leased Premises resulting from such removal. In the event of the LESSEE'S failure to remove all trade fixturesany of the LESSEE'S property from the Leased Premises, LESSOR is hereby authorized, upon fifteen (15) days written notice to the LESSEE without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any of the property at LESSEE's sole cost and expense. It is expressly acknowledged and understood by the parties that the Tenant Improvements and built in equipment, such as fume hoods, installed at the commencement of this Lease to the first and second floor of the Leased Premises and the Supplemental Space Tenant Improvement Work, (as distinguished from moveable partitions, personal property, or the capital equipment listed on Exhibit __), shall become the property and equipment and signs from of the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, LESSOR at the expiration or sooner termination of this Lease. If Moreover, it is expressly agreed, in the Demised Premises are event of an uncured default, that the items on Exhibit __, may not surrendered on be removed by LESSEE, but shall become the Expiration Date or property of the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised PremisesLESSOR.

Appears in 1 contract

Sources: Sublease (Interliant Inc)

Surrender. On the Expiration Date last day of the Term or upon on the sooner termination hereof upon a day other than thereof, the Expiration Date, Lessee LESSEE shall peaceably surrender the Demised Leased Premises broom-clean in good order, condition and repair, reasonable wear and tear only exceptedexpected, consistent with the LESSEE’S duty to make repairs as provided in Sections 2 and 6 hereof. On or before the Expiration Date last day of the Term or upon the sooner termination of this Lease on a day other than thereof, the Expiration Date, Lessee shall, LESSEE shall at its expense, expense remove all trade fixtures, personal property and of its equipment and signs from the Demised Premises Leased Premises, and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additionsaddition and fixtures, improvements and fixtures (other than trade fixtures) the LESSEE’S equipment, which shall have been made or installed by Lessor either the LESSOR or Lessee upon the Demised LESSEE on the Leased Premises and all floor covering so installed shall remain upon as the LESSOR’S property and shall be surrendered with the Demised Leased Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Leased Premises are not surrendered on at the Expiration Date end of the Term or the date of terminationsooner termination thereof, Lessee the LESSEE shall indemnify and hold Lessor harmless the LESSOR against any loss or liabilityliability resulting from delay of the LESSEE in so surrendering the Leased Premises, claims, including without limitation, limitation claims made by any succeeding lessee founded on or related to such delay. Lessee The LESSEE shall promptly surrender all keys for the Demised Leased Premises to Lessor the LESSOR at the place then fixed for payment of rent Rent and shall inform Lessor the LESSOR of combinations of any locks and or safes on the Demised Leased Premises. In no event shall the LESSEE be deemed to have abandoned the Leased Premises or this Lease during the Term unless the LESSEE first obtains the express permission of the LESSOR. The provisions of this section shall survive the termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Nexxus Lighting, Inc.)

Surrender. On At the Expiration Date expiration or other termination of this lease, the LESSEE shall remove all its goods and effects from the Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE either inside or outside the Premises). LESSEE shall deliver to the LESSOR the Premises and all keys and locks thereto and other fixtures connected therewith and all alterations and additions made to or upon the termination hereof upon a day other than Premises, (excluding trade fixtures) in the Expiration Datesame condition as they were at the commencement of the term, Lessee shall peaceably surrender or as they were put in during the Demised Premises broom-clean in good order, condition and repairterm thereof, reasonable wear and tear and damage by fire or other casualty only excepted. On In the event of the LESSEE’S failure to remove property from the Premises, LESSOR is hereby authorized without liability to LESSEE, to remove and store any of the property at LESSEE'S expense, or before to retain same under LESSOR’S control or to sell at public or private sale, without notice, any or an of the Expiration Date property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or upon termination to destroy such property. If the LESSEE holds over and continues in possession of the Premises or any material part thereof after expiration of the term of this Lease or after its termination, the LESSEE will be deemed to be occupying the Premises at sufferance from month-to-month tenancy, without limitation on a day other than any of the Expiration DateLESSOR’S rights or remedies thereunder, Lessee shallsubject to all of the terms and conditions of this Lease except that the fixed rent and additional rent shall be increased to 200% of the fixed rent. Prior to any termination, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed nothing shall be deemed to have been abandoned. Any damage caused in an acceptance by the removal LESSOR of such items shall be immediately repaired a surrender except a writing signed by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised PremisesLESSOR.

Appears in 1 contract

Sources: Lease Agreement

Surrender. On A. Horizon Lines agrees not to encumber the Expiration Date Premises at any time during the term of this Agreement. Horizon Lines agrees that the Premises shall not be subject to any liens, charges or upon encumbrances and agrees that at the termination hereof upon a day other than expiration of the Expiration Dateterm of this Agreement it will deliver to the City or its designee, Lessee shall peaceably surrender the Demised Premises broom-clean in good order, condition and repair, reasonable (ordinary wear and tear only excepted. On ) and without liens, charges, or encumbrances. B. Unless required for the performance by Horizon Lines of its obligations hereunder, Horizon Lines shall have the right at any time during the Term to remove from the Premises all its equipment, removable fixtures and other personal property, and all property of third persons for which Horizon Lines is responsible, and on or before the Expiration Date expiration or upon earlier termination of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, Agreement it shall remove all trade fixtures, personal property and equipment and signs of the same from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any Premises, repairing all damage caused in by any removal; provided, however, that, except with respect to the removal of New Crane, if Horizon Lines shall fail to remove all such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures property within forty-five (other than trade fixtures45) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at days after the expiration or earlier termination of this LeaseAgreement, the City may remove such property to a public warehouse for deposit or may retain the same in its own possession and in either event may sell the same at public auction; provided, further, that the City shall have given Horizon Lines ten (10) days’’ notice of the City’s intent to sell such property at public auction, the proceeds of which shall be applied: first to the expenses of removal, including repair required thereby, and of storage and sale; second, to any sums owed by Horizon Lines to the City, with any balance remaining to be paid to Horizon Lines; if the expenses of such removal, repair, storage, and sale shall exceed the proceeds of sale, Horizon Lines shall pay such excess to the City upon demand. If the Demised Premises are not surrendered on the Expiration Date Without limiting any other term or the date provisions of terminationthis Agreement, Lessee Horizon Lines shall indemnify and hold Lessor harmless against the City, its officers, agents, employees, and contractors from all claims of third persons arising out of the City’s removal and disposition of property pursuant to this Section, including claims for conversion, claims for loss of or damage to property, claims for injury to persons (including death), and claims for any loss other damages, consequential or liabilityotherwise, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes excluding only claims based on the Demised PremisesCity’s sole negligence.

Appears in 1 contract

Sources: Preferential Use Agreement (Horizon Lines, Inc.)

Surrender. On SECTION 4.01. Lessee shall on the Expiration Date last day of the term hereof or upon the any earlier termination hereof of this Lease, or upon a day other than the Expiration Date, Lessee shall peaceably surrender any entry or re-entry by Lessor upon the Demised Premises broom-clean pursuant to Article 19 hereof, well and truly surrender and deliver up the Demised Premises into the possession and use of Lessor without fraud or delay and, subject to the provisions of subdivision (b) of Section 15.03 of this Lease, in good order, condition and repair, reasonable wear and tear only excepted, free and clear of all lettings and occupancies other than space leases and licenses then terminable at the option of the Lessor or space leases and licenses, the continuance of which Lessor shall have specifically and expressly permitted, and free and clear of all liens and encumbrances other than any created by Lessor, and other than those easements, conditions and restrictive covenants and agreements, subject to which this demise is made. SECTION 4.02. On Where furnished by or before at the Expiration Date expense of Lessee, any Sublessee, any space lessee or upon any licensee, furniture, trade fixtures and business equipment (not constituting part of the Demised Premises) may be removed by Lessee, such Sublessee, such space lessee or such licensee at or prior to the termination or expiration of this Lease, provided, however, that the removal thereof will not structurally injure the Building or necessitate fundamental changes in or repairs to the Building. Lessee shall pay or cause to be paid to Lessor the cost of repairing any damage arising from such removal. SECTION 4.03. Any personal property of Lessee, any Sublessee, any space lessee or of any licensee which shall remain in the Building after the termination or expiration of this Lease on a day other than and the Expiration Dateremoval of Lessee, Lessee shallsuch Sublessee, such space lessee or such licensee from the Building, may, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall option of Lessor be deemed to have been abandoned. Any damage caused in the removal of abandoned by Lessee, such items shall Sublessee, such space lessee or such licensee, and either may be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed retained by Lessor as its property or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereofdisposed of, without disturbanceaccountability, molestation in such manner as Lessor may see fit. SECTION 4.04. Lessor shall not be responsible for any loss or injurydamage occurring to any property owned by Lessee, and without chargeany Sublessee, at the any space lessee or any licensee or any occupant. SECTION 4.05. The provisions of this Article 4 shall survive any termination or expiration or termination of this Lease. If , including a termination pursuant to the Demised Premises are not surrendered on the Expiration Date or the date provisions of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment subdivision (b) of rent and shall inform Lessor Section 15.03 of combinations of any locks and safes on the Demised Premisesthis Lease.

Appears in 1 contract

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

Surrender. On the Expiration Date or upon the termination hereof upon a day other than the Expiration DateSection 22.01 Except as is herein otherwise provided, Lessee shall peaceably on the last day of the Term or upon any earlier termination of this Lease, well and truly surrender and deliver up the Demised Premises broom-clean and the Improvements to the possession and use of Lessor without fraud or delay and in good order, condition and repair, except for reasonable wear and tear only excepted. On and damage by casualty or before condemnation expenses, free and clear of all lettings and occupancies other than subleases then terminable at the option of the Lessor thereof or subleases to which Lessor shall have specifically consented, and free and clear of all liens and encumbrances other than those, if any, presently existing or created or suffered by Lessor. Section 22.02 Unless otherwise agreed by the parties hereto in a writing executed by both parties prior to the Expiration Date of this Lease, there shall be no holding over by Lessee after the expiration or upon earlier termination of this Lease on a day other than and the Expiration Date, failure by Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from to deliver possession of the Demised Premises to Lessor shall be an unlawful holdover. During any period in which Lessee so holds over, at Lessor's option, the rental value of the Demised Premises, payable from the date immediately following the date on which Lessee was to deliver the Demised Premises through and any property not removed including the last day of the calendar month in which Lessee so delivers the Demised Premises, shall be deemed to have been abandoned. Any damage caused in be equal to (i) one hundred fifty (150%) percent of the removal of such items shall be Net Rent payable immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at preceding the expiration or earlier termination of this Lease, and (ii) all other items of Additional Rent that would have been otherwise payable hereunder had this Lease not expired or been terminated. Acceptance by Lessor of any such rent during the period in which Lessee so holds over shall not cure or waive Lessee's default, nor prevent Lessor from exercising, before or after such acceptance, any of the remedies provided by this Lease or at law or in equity. Payment of any such rent and other sums during any period in which Lessee holds over shall not excuse Lessee's obligation to vacate and surrender the Demised Premises on the date, and in the manner and condition, required under this Lease. Lessee waives any rights it may have under applicable law in connection with any holdover proceedings that Lessor may institute against Lessee. If the Demised Premises are not surrendered on upon the Expiration Date expiration or earlier termination of this Lease with respect to all or any portion of the date of terminationDemised Premises, Lessee shall indemnify hereby indemnifies Lessor against loss, cost, injury, damage, claim, expense, or liability (including reasonable attorneys' fees and hold Lessor harmless against disbursements) resulting from delay by Lessee in so surrendering the same, including any loss or liability, claims, without limitation, claims made by any succeeding lessee tenant or prospective tenant or prospective tenant founded on or related to upon such delay. Lessee's obligations under this Article shall survive the expiration or earlier termination of the Term. Section 22.03 All appurtenances, fixtures, improvements, additions and other property attached to or built into the Demised Premises, whether by Lessor or Lessee or others, and whether at Lessor's expense, or Lessee's expense, or the joint expense of Lessor and Lessee, shall promptly surrender all keys for be and remain the property of Lessor, except that any such fixtures, improvements, additions and other property installed at the sole expense of Lessee with respect to which Lessee has not been granted any credit or allowance by Lessor, and which are removable without material damage to the Demised Premises may be removed by Lessee on condition that Lessee shall repair at its expense any damage to Lessor the Demised Premises or the Building resulting from such removal. Section 22.04 Any personal property of Lessee or any sublessee which shall remain in the Improvements after the termination of this Lease and the removal of Lessee or such sublessee from the Improvements, may, at the place then fixed for payment option of rent Lessor, be deemed to have been abandoned by Lessee or such sublessee and either may be retained by Lessor as its property or be disposed of, without accountability, in such manner as Lessor may see fit, or if Lessor shall inform Lessor give written notice to Lessee to such effect, such property shall be removed by Lessee at Lessee’s sole cost and expense. Section 22.05 The provisions of combinations this Article shall survive any termination of any locks and safes on the Demised Premisesthis Lease.

Appears in 1 contract

Sources: Lease (P&f Industries Inc)

Surrender. On Tenant agrees that on the Expiration Date last day of the Term, or upon on the sooner termination hereof upon a day other than the Expiration Dateof this Lease, Lessee Tenant shall peaceably surrender the Demised Premises broom-clean to Landlord (a) in good order, condition and repairrepair (damage by Acts of God, reasonable fire, condemnation and normal wear and tear only excepted), but with all interior walls painted or cleaned so they appear painted, any carpets cleaned, and with all floors cleaned and waxed, together with all alterations, additions and improvements which may have been made in or on the Premises; except that Tenant shall remove trade fixtures put in at the expense of Tenant, and any improvements as to which Landlord has, prior to the date of surrender, consented to or requested removal, and Tenant shall remove the Cell Improvements as provided in the following sentence; and (b) otherwise in accordance with Paragraph 32(f). Tenant shall, at Tenant's sole cost and expense, on or before the last day of the Term, or on the sooner termination of this Lease (i) remove the above-grade concrete enclosures of the Cell Area, provided, that to the extent the southerly wall of the Cell Area is contiguous with the exterior wall of the Building, such portion of such wall need not be removed, and dispose of all removed materials off of the Property, and (ii) empty and then fill in the below-ground pools located in the Cell Area and make the area which was the Cell Area a continuous slab consistent with the remainder of the Building. Concurrently with the delivery of this Lease, Char▇▇▇ ▇. ▇▇▇▇, ▇▇., ▇ principal shareholder of Tenant, will furnish Landlord with a Guaranty in substantially the form of the Guaranty attached hereto as Exhibit F whereby he will guarantee the payment and performance of the Cell Removal Obligations, on the terms and conditions, and subject to the limitations, set forth therein. Tenant shall repair all damage caused by Tenant's removal of improvements under this Paragraph 10 and otherwise restore the Premises in accordance with the foregoing at Tenant's sole cost and expense. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or sooner termination of this Lease, Tenant shall remove all of Tenant's personal property from the Premises. If All property of Tenant not so removed, unless such non-removal is consented to by Landlord, shall be deemed abandoned by Tenant, provided that in such event Tenant shall remain liable to Landlord for all costs surrendered at the Demised Premises are not surrendered on end of the Expiration Date Term or sooner termination of this Lease, and in accordance with the date provisions of terminationthis Paragraph 10 and of Paragraph 32(f), Lessee shall indemnify and hold Lessor harmless Tenant hereby indemnifies Landlord against any loss or liability, claimsliability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding lessee tenant founded on or related to such delay. Lessee Tenant's obligations under this Paragraph 10 shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment survive a termination of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premisesthis Lease.

Appears in 1 contract

Sources: Lease Agreement (Sterigenics International)

Surrender. On The LESSEE shall at the Expiration Date expiration or other termination of this Lease remove all LESSEE’S goods and effects from the Leased Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises). LESSEE shall deliver to the LESSOR the Leased Premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the termination hereof upon a day other than Leased Premises, in the Expiration same condition as they were at the Effective Date, Lessee shall peaceably surrender or as they were put in during the Demised Premises broom-clean in good order, condition and repairterm hereof, reasonable wear and tear and damage by fire or other casualty only excepted. On In the event of the LESSEE’S failure to remove any of the LESSEES’ property from the Leased Premises, LESSOR is hereby authorized, without liability to LESSEE for loss or before damage thereto, and at the Expiration Date or upon termination sole risk of this Lease on a day other than LESSEE, to remove and store any of the Expiration Date, Lessee shall, property at its LESSEE’S expense, remove or to retain same under LESSOR’S control or to sell at public or private sale, without notice, any or all trade fixtures, personal property and equipment and signs from of the Demised Premises and any property not so removed shall be deemed and to have been abandoned. Any damage caused in apply the removal net proceeds of such items shall be immediately repaired by Lessee and at its expensesale to the payment of any sum due thereunder, or to destroy such property. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at For each day after the expiration of the Term, or the earlier termination of this Lease, and prior to LESSEE’s performance of its obligations to yield up the Leased Premises under this Article, LESSEE shall pay to LESSOR as Rent an amount equal to one hundred ten percent (110%) of the Base Rent computed on a daily bases, together with all Additional Rent payable with respect to each such day. If LESSEE shall further indemnify LESSOR against all loss by the Demised payment of reasonably costs and damages resulting from LESSEE’s delay in surrendering the Leased Premises are not surrendered on as above provided for more than thirty (30) days after the Expiration Date expiration of the Term, or the date earlier termination of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premisesthis Lease.

Appears in 1 contract

Sources: Commercial Lease (Zafgen, Inc.)

Surrender. On Subject to the Expiration Date provisions of the Landlord's Waiver and Consent, which LESSOR agrees to execute for the benefit of LESSEE's equipment lessor, substantially in the form attached hereto as Exhibit - I the LESSEE shall at the expiration or other termination of this Lease yield up and peaceably surrender all portions of the Leased Premises to LESSOR and shall remove all LESSEE'S goods and effects therefrom (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leased Premises). LESSEE shall deliver to the LESSOR the Leased Premises and all keys, locks thereto, and all fixtures, alterations and additions made to or upon the termination hereof upon a day other than Leased Premises, except FOR moveable partitions and furnishings installed at the Expiration DateLESSEE'S expense, Lessee shall peaceably surrender in the Demised Premises broom-clean same condition as they were at the commencement of the 38 -38- term, or as they were put in good order, condition and repairduring the term hereof, reasonable wear and tear and damage by fire, other casualty or eminent domain and matters for which the LESSOR is responsible hereunder only excepted. On All moveable partitions and furnishings, and so long as LESSEE has expended $1.7 million dollars in Tenant Improvements, those items specified on Exhibit - attached to this Lease, installed in the Leased Premises at the LESSEE's expense prior to or before during the Expiration Date term of the Lease may be removed by the LESSEE at the expiration or upon other termination of this Lease on a day other than the Expiration Date, Lessee Lease. The LESSEE shall, at its expense, promptly repair any and all damage to the Leased Premises resulting from such removal. In the event of the LESSEE'S failure to remove all trade fixturesany of the LESSEE'S property from the Leased Premises, LESSOR is hereby authorized, upon fifteen (15) days written notice to the LESSEE without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any of the property at LESSEE's sole cost and expense. It is expressly acknowledged and understood by the parties that the Tenant Improvements and built in equipment, such as fume hoods, installed at the commencement of this Lease to the first and second floor of the Leased Premises and the Supplemental Space Tenant Improvement Work, (as distinguished from moveable partitions, personal property, or the capital equipment listed on Exhibit), shall become the property and equipment and signs from of the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, LESSOR at the expiration or sooner termination of this Lease. If Moreover, it is expressly agreed, in the Demised Premises are event of an uncured default, that the items on Exhibit -, may not surrendered on be removed by LESSEE, but shall become the Expiration Date or the date property of terminationthe, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised PremisesLESSOR.

Appears in 1 contract

Sources: Lease Agreement (Leukosite Inc)

Surrender. On Lessee shall deliver and surrender to Lessor possession of the Expiration Date or Premises 573 immediately upon the expiration of the Term or the earlier termination hereof upon a day other than the Expiration Date, Lessee shall peaceably surrender the Demised Premises broom-clean of this Lease in as good order, 574 condition and repair, reasonable repair as the same were on the Commencement Date (ordinary wear and tear only 575 excepted), and with all equipment, personal property and other items placed on the Premises by or 576 for Lessee or any of its contractors, agents, consultants, representatives or invitees removed. On Any 577 such items not removed by Lessee upon the expiration of the Term or before earlier termination of this 578 Lease shall be deemed abandoned, and Lessor shall have the Expiration Date right to dispose of such items as 579 Lessor deems appropriate at the sole cost and expense of Lessee. In the event Lessee remains in 580 possession of the Premises after the expiration or upon earlier termination of this Lease on a day other than (i) Lessor 581 expressly reserves the Expiration Dateright to reenter the Premises, Lessee shall, and the right to assert any remedy at its expense, remove all trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed law or in 582 equity to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by evict Lessee and at its expense. All alterationscollect damages in connection with any such holding over, additionsand (ii) 583 Lessee shall indemnify, improvements defend and fixtures hold Lessor harmless from and against any and all claims, 584 demands, actions, losses, damages (other than trade fixtures) which shall have been made including consequential damages), obligations, costs and 585 expenses, including, without limitation, attorneys’ fees incurred or installed suffered by Lessor or Lessee upon by reason 586 of Lessee’s failure to surrender the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, at on the expiration or earlier termination of this Lease 587 in accordance with the provisions of this Lease. If In the Demised Premises are not surrendered on event Lessee holds over, either with or 588 without the Expiration Date or the date consent of terminationLessor, Lessee shall indemnify hereby waives its rights to receive any prior written notice 589 to quit and hold Lessor harmless against any loss vacate the Premises as may be required by State or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delaylocal law. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises.C-13 May 2019 SBWMA/BFI Disposal Services Agreement

Appears in 1 contract

Sources: Solid Waste Disposal Services Agreement

Surrender. On Except as set forth to the Expiration Date or upon contrary herein, within sixty (60) days following the termination hereof upon a day other than of this Agreement and while continuing to pay Rent (the Expiration Date“Equipment Removal Period”), Lessee shall peaceably in accordance with the terms of this Agreement, Tenant will surrender the Demised Premises broom-clean to Landlord in good ordera condition similar to that which existed immediately prior to Tenant’s Installation together with any additions, condition alterations and repairimprovements to the Premises, reasonable in either case, normal wear and tear only excepted. On Subject to Section 3.2, Tenant shall have the right to access the Premises or before the Expiration Date remove any or upon termination all of this Lease on a day other than the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property and equipment and signs Tenant’s Equipment from the Demised Premises and at any property time during the Term or the Equipment Removal Period. If Tenant’s Equipment is not removed shall at the conclusion of the Equipment Removal Period, Tenant will be deemed to be in Hold Over (as defined in Section 7.2 below) until Tenant’s Equipment is removed from the Premises, provided the Hold Over term shall not exceed one hundred twenty (120) days unless otherwise agreed to by both parties in writing. If Tenant fails to remove Tenant’s Equipment within one hundred twenty (120) days following the expiration of the Equipment Removal Period, then Landlord shall have been abandonedthe option – to be exercised by prior Notice to Tenant – to declare Tenant’s Equipment abandoned and Landlord may remove and dispose of the Tenant’s Equipment. Any damage caused If Landlord exercises this option, then following written Notice to Tenant (i) Landlord shall take possession and title of the property and dispose of it in a commercially reasonable manner; (ii) the reasonable costs associated with removal and disposition of the property shall be itemized and billed to Tenant at one hundred and twenty-five percent (125%) of its actual documented cost (“Removal Fee”); (iv) Tenant shall pay such Removal Fee within thirty (30) days of such items shall be immediately repaired by Lessee billing; and at its expense. All alterations, additions, improvements and fixtures (other than trade fixturesv) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injury, and without charge, Tenant’s obligation to pay rent at the expiration or termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee Holdover rate shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premisesterminate.

Appears in 1 contract

Sources: Site Lease Agreement

Surrender. On the Expiration Date last day of the term of this lease or upon on the sooner termination hereof upon a day other than thereof, the Expiration Date, Lessee lessee shall peaceably surrender the Demised Premises broom-clean premises in good order, condition and repair, reasonable wear and tear only excepted, consistent with the lessee's duty to make repairs as provided in section 6 hereof. On or before the Expiration Date or upon termination last day of the term of this Lease on a day other than lease or the Expiration Datesooner termination thereof, Lessee shall, the lessee shall at its expense, expense remove all trade fixtures, personal property and of its equipment and signs from the Demised Premises premises, and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (fixtures, other than trade fixtures) the lessee's equipment, which shall have been made or installed by Lessor either the lessor or Lessee upon the Demised Premises and all floor covering so installed lessee on the premises shall remain upon as the lessor's property and shall be surrendered with the Demised Premises premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Demised Premises premises are not surrendered at the end of the term or on the Expiration Date or sooner termination thereof, the date of termination, Lessee lessee shall indemnify and hold Lessor harmless the lessor against any loss or liabilityliability resulting from delay by the lessee in so surrendering the premises, claims, including without limitation, limitation claims made by any succeeding lessee tenant founded on or related to such delay. Lessee The lessee shall promptly surrender all keys for the Demised Premises premises to Lessor the lessor at the place then fixed for payment of rent and shall inform Lessor the lessor of combinations of on any locks and safes on the Demised Premisespremises. In no event shall the lessee be deemed to have abandoned the premises or this lease during the terms hereof unless the lessee first obtains the express permission of the lessor. The provisions of this section shall survive the termination of this lease.

Appears in 1 contract

Sources: Building Lease (Aci Telecentrics Inc)

Surrender. On Upon expiration or earlier termination of Tenant's right of possession, Tenant may, subject to the Expiration Date or upon the termination hereof upon a day other than the Expiration Dateexercise of any remedies by Landlord, Lessee remove Tenant's Property and shall peaceably surrender the Demised Premises broom-clean to Landlord in good ordersubstantially the same condition as received, condition and repairbroom clean, reasonable ordinary wear and tear only tear, approved Alterations, and casualty loss and condemnation covered by Sections 18 and 19 excepted, and shall return to Landlord all keys to offices and restrooms furnished to, or otherwise procured by, Tenant. On If any such key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost key or before the Expiration Date cost of changing the lock or upon locks opened by such lost key. Any Trade Fixtures, Alterations, and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and/or disposition of such property. All obligations of either party that have arisen and/or become binding hereunder but have not been fully satisfied as of the expiration or earlier termination of this Lease on a day other than shall survive such expiration or earlier termination, including without limitation, indemnity obligations, payment obligations (including Rent), obligations concerning the Expiration Date, Lessee shall, at its expense, remove all trade fixtures, personal property condition and equipment and signs from repair of the Demised Premises and any property not removed shall be deemed to have been abandoned. Any damage caused in the removal of such items shall be immediately repaired by Lessee and at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which shall have been made or installed by Lessor or Lessee upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, without disturbance, molestation or injuryPremises, and without chargethe obligation to obtain all required Hazardous Materials Clearances. Without limiting the generality of the foregoing, at the following provisions shall survive the expiration or earlier termination of this Lease: (a) the indemnity obligations contained in Sections 7, 12, 14(b), 16(a), 16(b), 30(a), 30(d), 35 ---------- -- ----- ----- ----- ----- ----- -- and 38(b); (b) the payment obligations contained in Sections 3, 5, 6, 8, 9, 11, ----- ---------- - - - - -- 15, 21(a), 21(b) and 22(d); (c) the maintenance, repair, and/or restoration -- ----- ----- ----- obligations contained in Sections 12, 13, and 18; (d) the obligation to obtain ----------- -- -- Hazardous Materials Clearances contained in Section 18; and (e) the agreements ---------- contained in Sections 29, 36, and 44. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Lessee shall indemnify and hold Lessor harmless against any loss or liability, claims, without limitation, made by any succeeding lessee founded on or related to such delay. Lessee shall promptly surrender all keys for the Demised Premises to Lessor at the place then fixed for payment of rent and shall inform Lessor of combinations of any locks and safes on the Demised Premises.----------- -- --

Appears in 1 contract

Sources: Lease Agreement (Paradigm Genetics Inc)