Common use of Surrender Clause in Contracts

Surrender. At the termination or expiration of this Lease, Tenant shall deliver the Tenant Space in good order and repair, ordinary wear and tear excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 2 contracts

Samples: Client Lease (Altair Nanotechnologies Inc), Equity Client Lease (Altair Nanotechnologies Inc)

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Surrender. At The LESSEE shall, on the expiration of the term or earlier termination or expiration of this Lease, Tenant shall deliver remove all of its personal property and effects from the Tenant Space Leased Premises and surrender the same, together with all additions, alterations, and improvements made by the LESSEE, to the LESSOR in good order and repairtenantable condition, ordinary wear and tear and damage by fire or other casualty not occurring as a result of the LESSEE’S negligence only excepted. Tenant If the LESSOR shall not be required to surrender so elect, any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed property belonging to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant LESSEE not removed within forty-eight (48) hours following from the termination or expiration of this Lease Leased Premises shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair LESSOR without the necessity of any damage payment to the Tenant Space caused by removal LESSEE. If the LESSEE leaves any property at the Premises after the end of any trade fixtures, equipment, the Term or personal property of Tenant. In no event will Tenant have after the right to hold over past the rightful termination of this Lease, then all such property is considered abandoned. Tenant acknowledges that time is The Landlord may store, use, sell, or dispose of the essence and that it is abandoned property. The LESSEE shall pay 125% of critical importance for Landlord all reasonable expenses related to have possession disposal of the Tenant Space upon the termination or expiration of this Leaseabandoned property as Additional Rent. In the event Tenant does not vacate the Tenant Space as required LESSEE remains in this Leasepossession of the leased premises after expiration of the tenancy created hereunder, Landlord and without execution of a new lease, the LESSEE, at the option of the Lessor shall be entitled deemed to any be Holding Over, as a LESSEE from month to month, at twice the latest base Rent and Additional Rent, and subject to all remedies at law or in equityother conditions, includingprovisions and obligations of the lease insofar as the same are applicable to a month to month tenancy. Notwithstanding the foregoing, without limitation, LESSEE will refrain from moving the right to change locks on the building, remove all trade fixtures, equipment or personal property Collateral from the Tenant Space and/or Leased Premises without LESSOR’S prior written consent and will advise LESSOR as to demolish the location of all improvements other Collateral in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantits possession.

Appears in 2 contracts

Samples: Commercial Lease (Telemynd, Inc.), Commercial Lease (MYnd Analytics, Inc.)

Surrender. On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the estimated date (the “Move-Out Date”) upon which Tenant plans to surrender the Premises to Landlord. At least sixty (60) days prior to the termination or expiration Move-Out Date, Landlord and Tenant shall walk through the Premises to identify any repair and removal work to be performed by Tenant, provided that failure by any party to participate in the walk-through shall not relieve Tenant of any of its obligations hereunder. Prior to the Termination Date, Tenant shall repair at Tenant’s sole cost, all damage caused by removal of Tenant’s Property and any Alterations as required under this Lease, and shall leave the floor broom clean and the walls patched and paint-ready. Upon the Termination Date, Tenant shall deliver surrender the Tenant Space Premises to Landlord in good order and repair, ordinary reasonable wear and tear and damage by casualty excepted. Tenant shall not be required to surrender any , free and clear of all letting and occupancies and free of Tenant's ’s Hazardous Substances as required pursuant to Article 13, with all applicable closure requirements satisfied and completed, and with all of Tenant’s Property (including all movable equipment, furniture, trade fixtures, equipment or fixtures and other personal property) removed from the Premises. Subject to Article 10, unless permanently affixed to the Tenant Space, provided that upon any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease all improvements, except for Tenant’s Property, shall be deemed abandoned automatically and shall without further act by Landlord or Tenant, become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal , free and clear of any trade fixtures, equipment, claim or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived interest therein by Tenant, and without payment therefore by Landlord.

Appears in 2 contracts

Samples: Commercial Lease (Jazz Pharmaceuticals PLC), Commercial Lease (Jazz Pharmaceuticals PLC)

Surrender. At Upon the termination or expiration of this Leasethe Term or earlier termination of Tenant’s right of possession, Tenant shall deliver surrender the Tenant Space Premises to Landlord in good order and repairthe same condition as received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, 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 a Landlord Party, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately 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 Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not be so removed by Tenant as permitted or required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the 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 Tenant shall repair any damage to the Tenant Space caused by removal hereunder not fully performed as of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. the Term, including the obligations of Tenant acknowledges that time is under Section 30 hereof, shall survive the expiration or earlier termination of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equityTerm, including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the right to change locks on condition and repair of the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 2 contracts

Samples: Lease Agreement (Atossa Genetics Inc), Lease Agreement (Elan Corp PLC)

Surrender. At Upon the expiration or earlier termination or expiration of this LeaseLease for any reason, Tenant shall deliver surrender the Tenant Space Premises to Landlord in its condition existing as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, ordinary wear including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and tear exceptedrepaired by a reputable and licensed service firm acceptable to Landlord, and all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall not be required to surrender any remove from the Premises and the Project all of Tenant's trade fixtures, furniture, moveable equipment or and other personal property, unless permanently affixed and any Alterations which Landlord elects to the Tenant Spacebe removed pursuant to Section 5.3, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become restore the sole and exclusive property of the Landlord. Tenant shall repair any damage Premises to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right its condition prior to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equitytheir installation, including, without limitation, repairing all damage caused by the installation or removal of any of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to change locks on claim from Tenant all expenses arising out of Tenant's failure to remove the buildingproperty, remove all trade fixturesand without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, equipment Tenant shall be liable to Landlord for the costs of: (i) removal of any such Alterations or personal property property, (ii) storage, transportation, and disposition of the same, and (iii) repair and restoration of the Premises, together with interest thereon at the Interest Rate from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against date of expenditure by Landlord, which are hereby waived by Tenant.

Appears in 2 contracts

Samples: Lease (Trimble Navigation LTD /Ca/), Lease (Trimble Navigation LTD /Ca/)

Surrender. At the expiration of the Term or earlier termination or expiration of this Lease, without the requirement of any notice, Tenant shall deliver peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except to the extent readily removable without harm or adverse effect to Building structure or Building systems, Tenant's battery powered uninterrupted power supply, computers, Generator, and other equipment of Tenant Space which may be readily removed without harm or adverse effect to Building structure or Building systems, and such alterations and additions as Landlord shall direct Tenant to remove (which direction shall be made by Landlord at the time Landlord consents to any such alteration and/or addition), the Premises and improvements to be in good order and repair, ordinary wear and tear exceptedthe condition in which the same are required to be maintained under Section 5.1. Tenant shall not be required shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to surrender remove in accordance with the provisions of this Section, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises clean and tenantable. Should Tenant fail to remove any of such goods, effects, and fixtures, Landlord may have them removed forcibly, if necessary, and store any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to property in a public warehouse at the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property risk of Tenant. In no event will Tenant have the right If such items are not removed from storage within thirty (30) days after notice to hold over past the termination Tenant, such items may be sold by any customary methods in order to pay storage costs and other expenses of this LeaseLandlord. Tenant acknowledges that time is The expense of the essence such removal, storage and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord reasonable repairs necessitated by such removal shall be entitled borne by Tenant or reimbursed by Tenant to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 2 contracts

Samples: Storagenetworks Inc, Storagenetworks Inc

Surrender. At Upon the termination or expiration of this Leasethe Term or earlier termination of Tenant’s right of possession, Tenant shall deliver surrender the Premises to Landlord in as good a condition as when received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, 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 a Landlord Party (collectively, “Tenant Space in good order and repairHazMat Operations”), broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately 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 Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not be so removed by Tenant as permitted or required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the 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 Tenant shall repair any damage to the Tenant Space caused by removal hereunder not fully performed as of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. the Term, including the obligations of Tenant acknowledges that time is under Section 30 hereof, shall survive the expiration or earlier termination of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equityTerm, including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the right to change locks on condition and repair of the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 2 contracts

Samples: Lease Agreement (Adaptive Insights Inc), Lease Agreement (Adaptive Insights Inc)

Surrender. At the expiration of the Term or earlier termination or expiration of this Lease, without the requirement of any notice, Tenant shall deliver peaceably surrender the Premises including all alterations and additions thereto and all replacements thereof, including carpeting, any water or electricity meters, and all fixtures and partitions, in any way bolted or otherwise attached to the Premises (which shall become the property of Landlord) except for such alterations and additions as Landlord has directed Tenant Space to remove when Tenant requested Landlord’s approval for such alterations and additions in good order and repairaccordance with Section 5.9 above (other than cabling, ordinary wear and tear excepted. which Tenant shall always be required to remove unless Landlord agrees, in its sole discretion, that Tenant shall not be obligated to remove all or a portion of such cabling), and Tenant shall leave the Premises and improvements in the condition in which the same are required to surrender be maintained under Section 5.1, subject to reasonable wear and tear and damage by casualty. Tenant shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to remove in accordance with the provisions of this Section 5.10, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises in the condition otherwise required by this Section 5.10. Should Tenant fail to remove any of Tenant's trade fixturessuch goods, equipment or personal propertyeffects, unless permanently affixed to and fixtures within ten (10) days after notice by Landlord, the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease same shall be deemed abandoned by Tenant and shall become the sole and exclusive property may be disposed of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Landlord at Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease’s expense. In the event that Landlord terminates this Lease pursuant to Section 7.1 and re-enters and possesses the Premises in accordance with the terms of this Lease then Landlord may, without notice, store Tenant’s personal property (and those of any person claiming under Tenant) at the expense and risk of Tenant does not vacate the Tenant Space as required in this Leaseor, if Landlord so elects, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or may sell such personal property from in accordance with the Tenant Space and/or previous sentence and apply the net proceeds to demolish all improvements in the Tenant Space, all which shall be without any liability earliest of installments of Rent or claim against other charges owing Landlord, which are hereby waived by Tenant.

Appears in 2 contracts

Samples: Office Lease (Altus Pharmaceuticals Inc.), Altus Pharmaceuticals Inc.

Surrender. At Upon the Expiration Date or earlier termination of Xxxxxx’s right of possession, Xxxxxx shall surrender the Premises to Landlord in the same condition as received , ordinary wear and tear, casualty loss and condemnation covered by Paragraphs 16 and 17 excepted and otherwise in accordance with the Move Out Conditions attached hereto. Any Trade Fixtures, Tenant-Made Alterations and property not removed by Tenant as required shall either, at Landlord’s election: (i) become the property of Landlord, or (ii) be deemed abandoned in which case it may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Xxxxxx waives all claims against Landlord for any damages resulting from Xxxxxxxx’s retention and disposition of such property. Any outstanding Tenant obligations under this Lease shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment of Taxes, and all obligations concerning the condition and repair of the Premises. Notwithstanding anything contained herein to the contrary, in the event Tenant fails to surrender the Premises in the condition as provided herein, upon the expiration, or expiration earlier termination, of this Lease, Xxxxxx agrees that Landlord shall have the right, but not the obligation, to complete such modifications, maintenance, repairs, and replacements on Tenant’s behalf, and Tenant shall deliver the Tenant Space in good order and repairreimburse Landlord for such costs as estimated by independent contractors, ordinary wear and tear excepted. Tenant shall not be required along with a management fee equal to surrender any five (5%) of Tenant's trade fixturessuch costs, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property no later than thirty (30) days from receipt of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantdemand.

Appears in 2 contracts

Samples: Lease (Lakeside Holding LTD), Lease (Lakeside Holding LTD)

Surrender. No act by Landlord will be an acceptance of a surrender of the Property, and no agreement to accept a surrender of the Property will be valid unless it is in writing and signed by Landlord. At the end of the Term or the termination of Tenant’s right to possess the Property (subject to the Wind-Down Period, as provided below), Tenant shall: (a) deliver to Landlord the Property with all Improvements located thereon in good repair and condition, reasonable wear and tear excepted (subject however to Tenant’s maintenance obligations), and (b) deliver to Landlord all keys, security codes and similar access controls to the Property. Tenant, at its sole cost and expense, shall promptly remove all Personal Property owned by Tenant and Tenant Removables from the Property. Additionally, Tenant, without notice from Landlord, shall remove all Hazardous Materials if required under Legal Requirements and all additions, alterations, improvements, machinery and movable and nonmovable fixtures relating to the use, testing or storage of Hazardous Materials in compliance with all Legal Requirements prior to the expiration of the Term. All items required to be removed hereunder and not so removed will, at the option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items, and Tenant shall pay for the expenses and costs incurred by Landlord in connection therewith, whether for such removal or the restoration of damages resulting from such removal. On or before the expiration or earlier termination of this Lease, Tenant shall deliver the Tenant Space in good order cause any Leasehold Mortgages to be fully released and repair, ordinary wear and tear excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantdischarged.

Appears in 2 contracts

Samples: Ground Lease, Recognition Agreement

Surrender. At Tenant agrees that on the last day of the Term, or on the sooner termination or expiration of this Lease, Tenant shall deliver surrender the Tenant Space premises to Landlord (a) in good order condition and repairrepair (damage by acts of God, ordinary fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 33(b)(iii). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall not be required to surrender any remove all of Tenant's trade fixtures’s Property (as hereinafter defined) and Tenant’s signage from the Premises, equipment or personal propertythe Building and the Project and repair, unless permanently affixed patch, repair and repaint to match any damage any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Tenant Space, provided that any trade fixtures, equipment or personal property Expiration Date (except in the event of Tenant not removed within forty-eight (48) hours following the a termination or expiration of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but not any of the initial Tenant Improvements) and to repair any damage caused by such removal. Notwithstanding the foregoing, Landlord shall notify Tenant, at the time of Landlord’s consent, which Alterations shall be removed. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord. ’s retention and disposition of such property; provided, however, that Tenant shall repair any damage remain liable to the Tenant Space caused by removal Landlord for all costs incurred in storing and disposing of any trade fixtures, equipment, or personal such abandoned property of Tenant. In no event will All Tenant have the right Improvements and Alterations except those which Landlord requires Tenant to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord remove shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements remain in the Tenant Space, all which shall be without any liability or claim against Premises as the property of Landlord, which are hereby waived by Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Cloudflare, Inc.), Lease Agreement (Cloudflare, Inc.)

Surrender. At the termination or Upon expiration of this Leasethe Term or earlier termination of Tenant's right of possession, Tenant shall deliver surrender the Tenant Space Premises to Landlord in good order the same condition as received, subject to any Alterations permitted by Landlord or this Lease to remain in the Premises, free of Hazardous Materials brought upon, kept or used in or about the Premises by any person other than Landlord, its agents, employees, contractors or invitees, released of all Use Clearances, and repairbroom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall not be required immediately return to surrender 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 Landlord's election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant's trade fixturesProperty, equipment Alterations and property not so removed by Tenant as permitted or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease required herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the 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 Tenant shall repair any damage to the Tenant Space caused by removal hereunder not fully performed as of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. the Term, including the obligations of Tenant acknowledges that time is under Section 30 hereof, shall survive the expiration or earlier termination of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this LeaseTerm, Landlord shall be entitled to any and all remedies at law or in equity, including, including without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the right to change locks on condition and repair of the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 2 contracts

Samples: Lease Agreement (Equinix Inc), 34 Lease Agreement (Equinix Inc)

Surrender. At the Upon expiration or earlier termination or expiration of this Lease, Tenant shall deliver surrender to Port Port’s Equipment and the Tenant Space Premises in good order order, condition, and repair, repair (except for ordinary wear and tear exceptedoccurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 19 and 20 hereof). Tenant Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. The Premises shall be required to surrender any surrendered clean, free of Tenant's trade fixturesdebris, equipment or personal propertywaste, unless permanently affixed to and Hazardous Materials, and free and clear of all liens and encumbrances other than liens and encumbrances existing as of the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration date of this Lease shall be deemed abandoned and shall become any other encumbrances created by Port. On or before the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, expiration or personal property of Tenant. In no event will Tenant have the right to hold over past the earlier termination of this Lease, Tenant at its sole cost shall remove from the Premises, and repair any damage caused by removal of, Tenant's Property, including any signage and Alterations and Improvements specified in Port's Notice of Removal. Tenant acknowledges that time Except for those designated in Port's Notice of Removal, Alterations and Improvements shall remain in the Premises as Port property. If the Premises is not surrendered at the end of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the Term or sooner termination or expiration of this Lease. In , and in accordance with the event provisions of this Section 28 and Section 15.4, Tenant does not vacate shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 29.1 or 29.2 below as applicable) until the Premises is surrendered in accordance with these Sections, and Tenant Space as required in this Lease, Landlord shall be entitled to Indemnify Port from and against any and all remedies at law loss or liability resulting from delay by Tenant in equity, so surrendering the Premises including, without limitation, any costs of Port to obtain possession of the right Premises; any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to change locks on Port due to lost opportunities to lease any portion of the buildingPremises to any such succeeding tenant or prospective tenant, remove all trade fixturestogether with, equipment in each instance, reasonable attorneys' fees and costs. No act or personal property conduct of Port, including, but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Port to Tenant confirming termination of this Lease and surrender of the Premises by Tenant Space and/or to demolish all improvements in shall constitute acceptance of the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantsurrender of the Premises and accomplish a termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Surrender. At The LESSEE shall at the expiration or other termination or expiration of this LeaseLease remove all LESSEE’S goods and effects from the Leasehold, Tenant (including without hereby limiting the generality of the foregoing, any and all signs and lettering affixed or painted by the LESSEE, either inside or outside the Leasehold). LESSEE shall deliver to the Tenant Space LESSOR the Leasehold and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the Leasehold, in good order and repairthe same condition as they were at the Commencement Date, ordinary or as they were put in during the term hereof, reasonable wear and tear and damage by fire or other casualty only excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate of the Tenant Space as required in this Lease, Landlord shall be entitled LESSEE’S failure to remove any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal of LESSEE’S property from the Tenant Space and/or Leasehold, after surrender of the Leasehold as described above, LESSOR is hereby authorized, without liability to demolish 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. The LESSEE, however, notwithstanding anything to the contrary herein provided, shall have the right, during or prior to, termination of its occupancy to remove all Leasehold improvements in made by LESSEE on the Tenant Space, condition that LESSEE will repair all which shall be without any liability or claim against Landlord, which are hereby waived damage caused by Tenantsuch removal and will restore the Leasehold to its original condition.

Appears in 2 contracts

Samples: Commercial Lease (T2 Biosystems, Inc.), Commercial Lease (T2 Biosystems, Inc.)

Surrender. At Upon the expiration or earlier termination or expiration of this LeaseLease for any reason, Tenant shall deliver surrender the Tenant Space Premises to Landlord in its condition existing as of the date Landlord delivers possession of the Premises to Tenant, normal wear and tear and damage by fire or other casualty excepted, with all interior walls repaired and repainted if marked or damaged, all carpets shampooed and cleaned, all broken, marred or nonconforming acoustical ceiling tiles replaced, all windows washed, the plumbing and electrical systems and lighting in good order and repair, ordinary wear including replacement of any burned out or broken light bulbs or ballasts, the HVAC equipment serviced and tear excepted. Tenant shall not be required repaired by a reputable and licensed service firm acceptable to surrender any of Tenant's trade fixturesLandlord, equipment or personal propertyand all floors cleaned and waxed, unless permanently affixed all to the Tenant Space, provided that any trade fixtures, equipment or personal property reasonable satisfaction of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to remove from the Tenant Space caused by removal Premises and the Project all of any Tenant’s trade fixtures, equipmentfurniture, or moveable equipment and other personal property of Tenant. In no event will Tenant have property, and any Alterations which Landlord elects to be removed pursuant to Section 5.3, and shall restore the right Premises to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord its condition prior to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equitytheir installation, including, without limitation, repairing all damage caused by the installation or removal of any of the foregoing items. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (a) conveyed such property to Landlord without compensation or (b) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to change locks on claim from Tenant all expenses arising out of Tenant’s failure to remove the buildingproperty, remove all trade fixturesand without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, equipment Tenant shall be liable to Landlord for the costs of: (i) removal of any such Alterations or personal property property, (ii) storage, transportation, and disposition of the same, and (iii) repair and restoration of the Premises, together with interest thereon at the Interest Rate from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against date of expenditure by Landlord, which are hereby waived by Tenant.

Appears in 2 contracts

Samples: Lease Termination Agreement (Proxim Corp), Lease (Nextg Networks Inc)

Surrender. At the termination or Upon expiration of this Leasethe Term or earlier termination of Tenant’s right of possession, Tenant shall deliver surrender the Premises to Landlord in the same condition as received, subject to any Alterations permitted by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept or used in or about the Premises by any person other than Landlord, its agents, employees, contractors or invitees (or Hazardous Materials brought upon, kept or used in or about the Project by Tenant Space in good order or any of its agents, employees, contractors or invitees) and repairreleased of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 18 and 19 excepted. Tenant shall immediately 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 Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not be so removed by Tenant as permitted or required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the 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 Tenant shall repair any damage to the Tenant Space caused by removal hereunder not fully performed as of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. the Term, including the obligations of Tenant acknowledges that time is under Section 30 hereof, shall survive the expiration or earlier termination of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equityTerm, including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the right to change locks on condition and repair of the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 2 contracts

Samples: Lease Agreement (Sunesis Pharmaceuticals Inc), Lease Agreement (Omeros Corp)

Surrender. At Upon the expiration or other termination or expiration of this Lease, Tenant shall deliver surrender the Tenant Space Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided in good order and repairParagraph 9 above) in their original condition, ordinary except for reasonable wear and tear excepted. and damage from casualty or condemnation; provided, however, that prior to the expiration or termination of this Lease Tenant shall not be remove from the Premises any Alterations that Tenant is required by Landlord to surrender any remove under the provisions of Paragraph 9, and all of Tenant's equipment and other personal property, trade fixtures, equipment and furniture. If such removal is not completed at the expiration or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the other termination or expiration of this Lease shall be deemed abandoned and shall become Lease, Landlord may remove the sole and exclusive property of the Landlordsame at Tenant's expense. Tenant shall repair any Any damage to the Tenant Space Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and walls) or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of any trade fixtures, equipment, the Initial Alterations and other Alterations from the Premises shall be governed by Paragraph 9 above. Tenant's obligations under this paragraph shall survive the expiration or personal property of Tenant. In no event will Tenant have the right to hold over past the other termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant acknowledges that time is shall surrender all keys to the Premises or any other part of the essence Building and that it is shall make known to Landlord the combination of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the buildingall safes, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements cabinets and vaults that may be located in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Office Lease (Critical Path Inc)

Surrender. At the termination or expiration end of the Term of this Lease, Tenant shall deliver will surrender the Tenant Space Premises to Landlord in good order the same condition as when received (and repairas improved) on the Rent Commencement Date, subject to ordinary wear and tear exceptedand damage by casualty. Except for Alterations that Tenant shall not agreed to remove at the end of this Lease according to Article 8 and Alterations that Landlord requires Tenant to remove by written notice given at the time Landlord provides its consent, all Alterations will become a part of the Premises and will become the property of Landlord at the end of the Term. In that event, Tenant will promptly remove prior to the end of the Term of this Lease the Improvements and Alterations designated by Landlord, and such Improvements and Alterations reasonably deemed by Tenant to be required trade fixtures or proprietary to surrender Tenant’s business, and will promptly restore, patch, and repair any of resulting damage, all at Tenant's ’s expense. All business and trade fixtures, equipment or personal propertymachinery and equipment, unless permanently affixed to the Tenant Spacefurniture, provided that any trade fixturesmovable partitions, equipment or and items of personal property of owned by Tenan,t or installed by Tenant not removed within forty-eight (48) hours following at its expense in the termination or expiration of this Lease shall Premises will be deemed abandoned and shall become remain the sole and exclusive property of the LandlordTenant. Tenant shall will, at its sole expense, remove all such items and repair any damage to the Tenant Space Premises caused by removal of such removal. If Tenant fails to remove any trade fixtures, equipment, such items or personal property of Tenant. In no event will Tenant have repair such damage promptly before the right to hold over past the termination end of this Lease. , Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord will be deemed to have possession abandoned it and Landlord may store it at Tenant’s expense or appropriate it for itself, or sell or dispense of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required it in this Leaseits discretion, Landlord shall be entitled with no liability to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Office Lease (IonQ, Inc.)

Surrender. At Upon the end of the Term or termination or expiration of this LeaseTenant’s right to possession of the Premises, Tenant shall deliver (a) return the Tenant Space Premises to Landlord in good order and repairbroom clean condition, free of debris, ordinary wear and tear damage by fire or other casualty excepted. , and (b) remove all of the Required Removables and all of Tenant’s Property (including any telecommunications cabling and wiring so designated), which removal shall be done in a good, workmanlike and lien-free manner, and upon such removal Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed repair all damage to the Premises and the Property caused by the installation or removal of such items and restore the Premises to its condition prior to the installation of such items. If Tenant Spacedoes not so remove any items comprising Tenant’s Property or the Required Removables, provided that then Landlord may remove such items and repair and restore the Premises, and Tenant shall pay the cost of such removal, repair and restoration to Landlord upon demand. If Tenant does not remove any trade fixturesitems comprising Tenant’s Property or the Required Removables, equipment then Tenant shall be conclusively presumed to have conveyed such items to Landlord without further payment or personal property of Tenant not removed within forty-eight (48) hours following the termination credit by Landlord to Tenant, or expiration of this Lease at Landlord’s sole option, such items shall be deemed abandoned and shall become the sole and exclusive property abandoned, in which event Landlord may cause such items to be stored, removed or disposed of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of at Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including’s expense, without limitation, the right notice to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or and without obligation to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by compensate Tenant.

Appears in 1 contract

Samples: Industrial Lease Agreement (Ufp Technologies Inc)

Surrender. At the Upon termination or expiration of this LeaseLease or Xxxxxx's right to possession, Xxxxxx will at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord, in good condition and repair, normal wear and tear excluded. Tenant shall remove from the Premises all of Tenant's personal property, equipment and trade fixtures (collectively "Tenant's - Property") and Tenant shall repair any injury or damage to the Premises which may result from such removal, and shall restore the Premises to the same condition as prior to the installation thereof. If Tenant does not remove Xxxxxx's Property from the Premises, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat Tenant's Property as having been conveyed to Landlord with this Lease acting as a bill of sale, without further payment or credit by Landlord to Tenant. If Landlord requests the removal of any Alterations (including without limitation Tenant’s fence), Tenant shall deliver remove all such items and restore the Tenant Space in good order and repairPremises to their original condition, ordinary wear and tear excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment excepted upon expiration or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant If, after Xxxxxxxx’s request, Xxxxxx does not vacate the Tenant Space as required in this Leaseremove said Alterations, Landlord may remove the same and Tenant shall be entitled pay the cost of such removal to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantLandlord upon demand.

Appears in 1 contract

Samples: Industrial Building Lease

Surrender. At Upon the termination expiration or expiration of this Lease, Tenant shall deliver the Tenant Space in good order and repair, ordinary wear and tear excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the earlier termination of this Lease. Tenant acknowledges that time is of shall peaceably leave and surrender the essence Premises to Landlord broom-clean, with all floor covering, professionally cleaned, with all wall surfaces properly patched and that it is of critical importance for Landlord repainted, as may be needed, with the personal property described on Exhibit B in the same condition as delivered (reasonable wear and tear excepted) and otherwise in the condition in which the Premises are required to have possession of be maintained by the Tenant Space upon the termination or expiration terms of this Lease. In Tenant shall surrender all keys for the event Premises to Landlord at the place then fixed for the payment of rent and shall Inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises, Tenant does shall, at its expense, remove from the Premises on or prior to such expiration or earlier termination all furnishings, fixtures and equipment situated thereon (including all exterior and interior signs) which are not vacate the property of Landlord as provided in Section 11.01, and Tenant Space shall, at its expense, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Tenant agrees that upon surrender or abandonment, as required defined in this Leaseapplicable state statutes, Landlord shall not be entitled liable or responsible for storage or disposition of the Tenant’s personal property. Any property not so removed shall become the property of Landlord, and Landlord may thereafter cause such property to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property be removed from the Tenant Space and/or to demolish all improvements in Premises and disposed of, but the Tenant Space, all which cost of any such removal and disposition and the cost of repairing any damage caused by such removal shall be without any liability or claim against Landlord, which are hereby waived borne by Tenant.

Appears in 1 contract

Samples: Village Center Lease Agreement (Digital Domain Media Group, Inc.)

Surrender. At No act or thing done by Landlord during the Lease Term shall be deemed to constitute an acceptance by Landlord of a surrender of the Leased Premises unless such intent is specifically acknowledged in a writing signed by Landlord. The voluntary or other surrender of this Lease by Tenant, whether accepted by Landlord or not, or a mutual termination hereof, shall not work a merger, and at the option of Landlord, shall operate as an assignment to Landlord of all subleases or subtenancies affecting the Leased Premises. Upon the expiration or earlier termination of this Lease, Tenant shall deliver shall, subject to the Tenant Space provisions of this Paragraph 28, peaceably leave, quit and surrender the Leased Premises to Landlord in as good order and repaircondition in which the Leased Premises was on the Commencement Date, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, and except for ordinary wear and tear exceptedor loss by fire or other casualty. Upon such surrender, Tenant shall shall, without expense to Landlord, (a) remove or cause to be removed from the Leased Premises all property which is owned by Tenant or third parties other than Landlord and (b) repair any damage caused by such removal. Property not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not so removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of Landlord, and Landlord may thereafter cause such property to be removed from the LandlordLeased Premises. Tenant shall repair The cost of removing and disposing of such property and repairing any damage to the Tenant Space Leased Premises caused by such removal of shall be paid by Tenant to Landlord upon demand. Landlord shall not in any trade fixtures, equipment, manner or personal to any extent be obligated to reimburse Tenant for any such property which becomes the property of Tenant. In no event will Tenant have the right Landlord pursuant to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantParagraph 28.

Appears in 1 contract

Samples: Lease Agreement (Harvey Entertainment Co)

Surrender. At the expiration or other termination of this Lease, Tenant shall (i) remove all Tenant’s goods and effects, but including only those fixtures, furnishings and articles of personal property which are not any part of the heating, ventilation, air conditioning, electric or expiration plumbing systems not approved in advance for removal by Landlord from the Premises and repair all damage caused by such removal, (ii) at Landlord’s election under Section 11 above remove Landlord-designated articles and fixtures added to the Premises by Tenant, and (iii) restore the Premises to its condition at the Term Commencement Date, or such better condition as the Premises may have thereafter been placed, reasonable wear and damage by insured casualty loss only excepted. Notwithstanding the foregoing, Tenant shall not be required to make any structural changes to the Building to accomplish the foregoing unless the same has been made by Tenant with Landlord’s consent. Title to all fixtures and additions required by this Lease to remain at the Premises at the end of the Term shall vest in Landlord free from any claim by Tenant or any party claiming through Tenant. At termination of this Lease, Tenant shall deliver the Tenant Space in good order and repair, ordinary wear and tear excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have full possession of the Tenant Space upon Premises, and all keys and locks thereto, in the termination or expiration of this Leasecondition required above. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled of Tenant’s failure to remove any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal of Tenant’s property from the Tenant Space and/or to demolish all improvements in the Tenant SpacePremises, all which same shall be considered to have been abandoned by Tenant (and its subtenants), and Landlord is hereby authorized, without liability to Tenant for loss or damage thereto, and at the sole risk and expense of Tenant, to (a) remove and store any of that property at Tenant’s expense, or (b) retain Tenant’s property under Xxxxxxxx’s control, or (c) without further accounting to Tenant, sell at public or private sale, without notice, any or all of Tenant’s property not so removed and to apply the net proceeds of such sale to the payment of any sum due from Tenant hereunder, or (d) to otherwise remove, discard or destroy such property, without liability or claim against Landlord, which are hereby waived by Tenantaccounting to Tenant or its subtenants.

Appears in 1 contract

Samples: Reference Data Pages (Cyber-Ark Software Ltd.)

Surrender. At the termination or Upon expiration of this Leasethe Term or earlier termination of Tenant's right of possession, Tenant may, subject to the exercise of any remedies by Landlord, remove Tenant's Property and shall deliver surrender the Tenant Space Premises to Landlord in good order and repairthe same condition as received, broom clean, ordinary wear and tear exceptedand casualty loss and condemnation covered by Sections 17 and 18 excepted and shall return to Landlord all keys to offices and restrooms furnished to, or otherwise procured by, Tenant. If any such key is lost, Tenant shall pay to Landlord, at Landlord's election, either the cost of replacing such lost key or the cost of changing the lock or locks opened by such lost key. Any Trade Fixtures, Alterations and property not be so removed by Tenant as permitted or required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the 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 Tenant shall repair any damage to the Tenant Space caused by removal hereunder not fully performed as of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is the Term shall survive the termination of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this LeaseTerm, Landlord shall be entitled to any and all remedies at law or in equity, including, including without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the right condition and repair of the Premises, including the obligation to change locks on the building, remove obtain all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantrequired Hazardous Materials Clearances.

Appears in 1 contract

Samples: Lease Agreement (Biogen Inc)

Surrender. At Subject to Landlord's right to require removal or to elect ownership as hereinafter provided, all Alterations made by Tenant to the termination or expiration Premises shall be the property of Tenant, but shall be considered to be a part of the Premises. Unless Landlord gives Tenant written notice of its election not to become the owner of the Alterations at the end of the term of this Lease, such Alterations shall become the property of Landlord at the end of the term of this Lease. Unless otherwise agreed by Landlord pursuant to Section 13.1 at the time the approval of an Alteration is requested by Tenant, Landlord may require that some or all Alterations be removed prior to the end of the term of this Lease and that any damages caused by such removal be repaired at Tenant's sole expense. On the last day of the term hereof, or on any sooner termination, Tenant shall deliver surrender the Premises (including, but not limited to, all doors, windows, floors and floor coverings, skylights, heating and air conditioning systems, dock boards, truck doors, dock bumpers, plumbing work and fixtures, electrical systems, lighting facilities, sprinkler systems, fire detection systems and nonstructural elements of the exterior walls and foundation (collectively the "Elements of the Premises")) to Landlord in the same condition it was in on the Original Premises Commencement Date and the Expansion Premises Commencement Date, as applicable, ordinary wear and tear, casualty damage and damages caused by acts of God excepted, clean and free of debris and Tenant's personal property, trade fixtures and equipment. Tenant's personal property shall include all computer wiring and cabling installed by Tenant. Provided, however, if Landlord has not elected to have Tenant Space remove the Alterations, Tenant shall leave the Alterations at the Premises in good order condition and repair, ordinary wear and tear excepted. Tenant shall not be required repair any damage to surrender any the Premises occasioned by the installation or removal of Tenant's trade fixtures, equipment furnishings and equipment. Damage to or personal property, unless permanently affixed deterioration of any Element of the Premises or any other item Tenant is required to repair or maintain at the Tenant Space, provided that any trade fixtures, equipment Premises shall not be deemed ordinary wear and tear if the same could have been prevented by good maintenance practices. If the Premises are not surrendered at the expiration of the term or personal property of Tenant not removed within forty-eight (48) hours following the earlier termination or expiration of this Lease in accordance with the provisions of this section, at Landlord's option, Tenant shall continue to be deemed abandoned responsible for the payment of Base Rent and shall become all other amounts due under this Lease until the sole and exclusive property of the LandlordPremises are so surrendered in accordance with said provisions. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixturesindemnify, equipment, or personal property of Tenant. In no event will Tenant have the right to defend and hold over past the termination of this Lease. Tenant acknowledges that time is of the essence Landlord harmless from and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to against any and all remedies at law damages, expenses, costs, losses or liabilities arising from any delay by Tenant in equity, so surrendering the Premises including, without limitation, the right to change locks on the buildingany damages, remove all trade fixturesexpenses, equipment costs, losses or personal property liabilities arising from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against LandlordLandlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, which are hereby waived by Tenanttogether with, in each case, actual attorneys' fees and costs.

Appears in 1 contract

Samples: Standard Lease (Ambarella Inc)

Surrender. At Upon the termination or expiration of this LeaseLease in any manner whatsoever, Tenant shall remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Tenant Space Demised Premises to Landlord peaceably and quietly in as good order and repair, ordinary wear and tear excepted. Tenant shall not be required to surrender any condition as at the inception of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration term of this Lease shall be deemed abandoned or as the same hereafter may have been improved by Landlord or Tenant; reasonable use and shall become the sole wear thereof, damage from fire and exclusive property of the other insured casualty and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past at the termination of this Lease. Tenant acknowledges that time is of the essence , however terminated, shall be considered abandoned and that it is of critical importance for Landlord at Landlord's option, be conclusively deemed to have possession been conveyed by Tenant to Landlord as if by Xxxx of Sale without payment by Landlord. Landlord may dispose of and/or store such goods and effects not removed by Tenant, in Landlord's sole and absolute discretion, the Tenant Space upon cost thereof to be charged to Tenant. Landlord shall not be responsible for the value, preservation or safe keeping of any property which it handles, stores or removes pursuant to this subparagraph. Upon the termination or expiration of this Lease. In the event Lease in any manner whatsoever, Tenant does not vacate the Tenant Space as required in this Lease, shall return to Landlord shall be entitled to any and all remedies at law keys and security access cards affecting the Demised Premises and issued to Tenant and Tenant shall provide Landlord with any combinations or in equity, including, without limitation, safe keys with respect to any secured areas within the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantDemised Premises.

Appears in 1 contract

Samples: CTN Media Group Inc

Surrender. At Upon the expiration or sooner termination or expiration of the Term of this Lease, if Tenant has fully and faithfully perform-ed all of the terms, conditions and covenants of this Lease to be performed by Tenant, but not otherwise, Tenant shall, at its sole cost and expense, remove all personal property and trade fixtures which Tenant has installed or placed in or on the Premises (all of which are hereinafter referred to as "Tenant's Property") from the Premises and repair all damage thereto resulting from such removal, and Tenant shall deliver thereupon surrender the Tenant Space Premises in good order and repairthe same condition as on the Occupancy Date, ordinary reasonable wear and tear excepted. If Tenant shall has not be required to surrender any fully and faithfully performed all of Tenant's trade fixturesthe terms, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration conditions and covenants of this Lease shall to be deemed abandoned and shall become the sole and exclusive property of the Landlord. performed by Tenant, Tenant shall repair any damage never-theless remove Tenant's Property from the Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Leasedo so from Landlord. In the event Tenant does not vacate the Tenant Space shall fail to remove any of Tenant's Property as required in this Leaseprovided herein, Landlord may, but is not obligated to, at Tenant's expense, remove all of such Tenant's Property not so removed and repair all damage to the Premises resulting from such removal, and Landlord shall be entitled have no responsibility to Tenant for any and loss or damage to Tenant's Property caused by or resulting from such removal or otherwise. If the Premises is not surrendered at the end of the Term, Tenant shall indemnify Landlord against all remedies at law loss or liability resulting from delay by Tenant in equity, so surrendering the Premises including, without limitation, any claims made by any succeeding tenant due to such delay. Tenant agrees not to commit or allow waste to be committed on any portion of the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Lease (Mego Financial Corp)

Surrender. At Upon termination of the Lease Term or earlier termination of Tenant's right of possession, all Tenant-Made Alterations and any improvements constructed by Landlord pursuant to the Construction Addendum, if any, attached hereto ("Initial Improvements") shall remain in the Premises as the property of Landlord. Alternatively, upon any such termination, Landlord may, by notice to Tenant, require Tenant at Tenant's expense to remove any or expiration of this Leaseall Trade Fixtures and/or any or all Tenant-Made Alterations, Tenant shall deliver the Tenant Space in good order and repair, ordinary wear and tear excepted. to repair any damage caused by such removal; provided that Tenant shall not be required to surrender remove any of the Initial Improvements. In addition, when consenting to any Tenant's trade fixtures-Made Alterations, equipment Landlord shall indicate whether Landlord shall require Tenant to remove such Tenant-Made Alterations at the end of the Lease Term. Any Trade Fixtures, Tenant-Made Alterations or personal property, unless permanently affixed to the Initial Improvements not so removed by Tenant Space, provided that any trade fixtures, equipment as permitted or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease required herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant shall repair any damage to the Tenant Space caused by removal hereunder not fully performed as of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is the Lease Term shall survive the termination of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this LeaseLease Term, Landlord shall be entitled to any and all remedies at law or in equity, including, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the right to change locks on condition and repair of the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Lease Agreement (CVC Inc)

Surrender. At the Upon termination or expiration of this LeaseLease or Tenant’s right to possession, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord, in good condition and repair, subject to ordinary wear and tear. Tenant shall remove from the Premises all of Tenant’s personal property, and its equipment and trade fixtures (collectively “Tenant’s Property”) and Tenant shall repair any injury or damage to the Premises which may result from such removal. If Tenant does not remove Tenant’s Property from the Premises, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat Tenant’s Property as having been conveyed to Landlord with this Lease acting as a xxxx of sale, without further payment or credit by Landlord to Tenant. If Landlord requests the removal of any Alterations, Tenant shall deliver remove all such items and restore the Tenant Space in good order and repairPremises to their original condition, ordinary wear and tear excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment excepted upon expiration or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event If, after Landlord’s request, Tenant does not vacate the Tenant Space as required in this Leaseremove said Alterations, Landlord may remove the same and Tenant shall be entitled pay the cost of such removal to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantLandlord upon demand.

Appears in 1 contract

Samples: Childrens Place Retail Stores Inc

Surrender. At The LESSEE shall at the expiration or other termination or expiration of this LeaseLease peaceably give up and surrender the Leased Premises without the requirement of any notice. Further, Tenant the LESSEE shall surrender carpeting, any electrical meters, alarm systems, and all fixtures and work (including partitions) in any way built-in or otherwise attached to the Leased Premises, as property of LESSOR, except such trade fixtures and work LESSOR shall direct LESSEE to remove or which LESSEE may remove without causing damages, losses, claims or injuries to persons or property. LESSEE shall restore and repair all damages, losses, and injuries to persons and property including the Premises, and LESSEE shall indemnify, save and hold LESSOR harmless from any and all losses, claims, liabilities, damages, injuries to persons or property, real or personal, and expenses arising from any removal of personal property; which sums shall be paid by LESSEE as Additional Rent. LESSEE shall remove all LESSEE’S good 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 Tenant Space LESSOR the Leased Premises in a good order and repairbroom clean condition (ready for future occupancy or the next Lessee), ordinary shall deliver all keys and locks thereto and other fixtures connected therewith and all alterations and additions made to or upon the Leased Premises, damage by fire or other casualty and reasonable wear and tear only excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate of the Tenant Space as required in this Lease, Landlord shall be entitled LESSEE’S failure to remove any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal of LESSEE’S property from the Tenant Space and/or Premises, LESSOR is hereby authorized without the liability to demolish LESSEE for loss and 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 of any or all improvements 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. If the LESSEE fails to surrender, vacate and deliver-up the Premises either after a default, agreement, judgment for possession or at the Lease Termination Date then LESSEE shall pay LESSOR Rent equal to one and half (1 1⁄2) times the Rent in effect at the Tenant Spacetime of the holdover until the date that LESSEE completely vacates the Premises together with all costs, all which shall be without any liability or claim against Landlordexpenses, which are hereby waived consequential damages and reasonable attorneys’ fees incurred by TenantLESSOR.

Appears in 1 contract

Samples: Spring Bank Pharmaceuticals, Inc.

Surrender. At Upon the termination or expiration of this Leasethe Term or earlier termination of Tenant’s right of possession, Tenant shall deliver surrender the Premises to Landlord in the same condition as existing on the Commencement Date, subject to any Alterations or Installations permitted or required by Landlord to remain in the Premises, 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 a Landlord Party (collectively, “Tenant Space in good order and repairHazMat Operations”), broom clean, ordinary wear and tear and damage that Tenant is not required by this Lease to repair excepted. Tenant shall not be required immediately return to surrender 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, other than access cards for the security system which is the property of Tenant's trade fixtures. Any Tenant’s Property, equipment Alterations and property not so removed by Tenant as permitted or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease required herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the 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 Tenant shall repair any damage to the Tenant Space caused by removal hereunder not fully performed as of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. the Term, including the obligations of Tenant acknowledges that time is under Section 30 hereof, shall survive the expiration or earlier termination of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equityTerm, including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the right to change locks on condition and repair of the buildingPremises. Provided that Tenant has complied with its obligations hereunder, remove all trade fixturesTenant shall not be charged any fee for elevator service, equipment supervision, guard service, or personal property from cleaning upon Tenant’s moving into the Tenant Space and/or to demolish all improvements in Premises after the Tenant SpaceCommencement Date, all which shall be without any liability or claim against Landlordat the expiration or earlier termination of the Term, which unless such services are hereby waived requested by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Upland Software, Inc.)

Surrender. At Upon the expiration or earlier termination of the Term or expiration Tenant's right to possession of this Leasethe Premises, Tenant shall deliver return the Tenant Space Premises to Landlord in good order and repaircondition, ordinary wear and tear and damage by taking or by fire or other casualty not caused by the negligence or willful misconduct of Tenant or its agents, employees or contractors excepted. If Landlord requires Tenant to remove any alterations pursuant to Section 9, then such removal shall be done in a good and workmanlike manner; and upon such removal Tenant shall restore the Premises to its condition prior to the installation of such alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and restore the Premises; and Tenant shall pay the cost of such removal and restoration to Landlord upon demand. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixturesalso remove its furniture, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any trade fixtures and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or other items of personal property from the Premises prior to the expiration or earlier termination of the Term or Tenant's right to possession of the Premises. If Tenant Space and/or to demolish all improvements in the does not remove such items, Tenant Space, all which shall be conclusively presumed to have conveyed the same to Landlord without any liability further payment or claim against credit by Landlord to Tenant; or at Landlord's sole option such items shall be deemed abandoned, in which are hereby waived by event Landlord may cause such items to be removed and disposed of at Tenant's expense, without notice to Tenant and without obligation to compensate Tenant.

Appears in 1 contract

Samples: Subordination Agreement (Unifi Communications Inc)

Surrender. At Upon the expiration of the term of the Lease or upon the termination of Tenant's right of possession, whether by lapse of time or expiration at the option of this LeaseLandlord as herein provided, Tenant shall deliver promptly surrender the Tenant Space Premises to Landlord in good order order, repair and repairbroom clean condition, ordinary wear and tear casualty damage excepted. Prior thereto, Tenant shall remove its office furniture, trade fixtures, office equipment and all other items of personal property on the Premises not belonging to Landlord, including all cabling and wiring installed in the Premises and/or the Building by or for the benefit of Tenant. Tenant shall not be required pay to surrender any Landlord upon demand the cost of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair repairing any damage to the Tenant Space Premises and the Building caused by removal of such removal. If Tenant shall fail or refuse to remove any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal such property from the Premises, Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without any cost by set-off, credit, allowance or otherwise, and Landlord may at its option, accept the title to such property, and, whether or not Landlord accepts such title, Landlord may at Tenant's expense: (i) remove the same or any part in any manner that Landlord shall choose, repairing any damage to the Premises caused by such removal; and (ii) store or otherwise dispose of the same without incurring liability to Tenant or claim against Landlordany other person. If Landlord incurs any storage or other costs by reason of Tenant's failure to remove any property which Tenant is obligated to remove under this paragraph, which are hereby waived by TenantTenant upon demand shall pay to Landlord the amount of costs so incurred.

Appears in 1 contract

Samples: Office Lease (Ebix Com Inc)

Surrender. At The Tenant, at the expiration of the Term or any earlier termination or expiration of this Lease, Tenant shall deliver at its expense (a) surrender to the Tenant Space Landlord possession of the Premises (including any fixtures or other improvements which are owned by the Landlord) in as good order and repair, repair as on the Effective Date (ordinary wear and tear and damage by casualty excepted. Tenant shall not be required to surrender any of ) and broom clean, (b) remove therefrom all signs, goods, effects, machinery, fixtures and equipment used in conducting the Tenant's ’s trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property business which are neither part of the Building Service Equipment nor owned by the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does fails to properly remove all of its personal property in accordance with the terms of this Section 3.4, Landlord at its option may either (i) cause that property to be removed at the risk and expense of Tenant (both as to loss and damage), and Tenant hereby agrees to pay all reasonable costs and expenses incurred thereby, including sums paid to store the property elsewhere and the cost of any repairs to the Premises caused by the removal of the property, or (ii) upon five (5) days’ written notice to Tenant, which the parties agree is commercially reasonable, sell at public or private sale any or all of such property, whether exempt or not vacate from sale under execution or attachment (such property being deemed charged with a lien in favor of Landlord for all sums due hereunder), with the Tenant Space proceeds to be applied as required set forth in this Lease, Landlord or (iii) at Landlord’s option, title for such personal property shall be entitled pass to Landlord. Tenant shall not vacate or abandon the Premises at any time during the Term and all remedies at law discontinue the payment of Base Rent, but if Tenant does vacate or in equityabandon the Premises or is dispossessed by process of law, including, without limitation, the right any personal property belonging to change locks Tenant and left on the buildingPremises may, remove all trade fixtures, equipment or personal property from at the Tenant Space and/or to demolish all improvements in option of the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived be deemed to have been abandoned by Tenant, and the provisions of this Section shall apply.

Appears in 1 contract

Samples: Commercial Lease (Millennial Media Inc.)

Surrender. At Upon the Expiration Date or earlier cancellation or termination of the Term (such date, as applicable, being hereinafter referred to as the “Surrender Date”), Tenant shall immediately vacate and surrender possession of the Premises to Landlord broom clean and in good order, repair and condition, except for ordinary wear and tear and damage by fire or other casualty. Upon the expiration or other termination of the Term, Tenant shall (a) remove all Specialty Alterations required to be removed by Section 10.1.5 and shall restore the Premises to the condition existing prior to the installation of such Specialty Alterations, which removal and restoration shall be performed pursuant to the provisions of Article 10 of this Lease, Tenant shall deliver and (b) remove all of Tenant’s trade fixtures, office furniture, office equipment and other personal property from the Tenant Space in good order and repair, ordinary wear and tear exceptedPremises. Tenant shall not be required to surrender immediately repair any damage caused by such removal or, at Landlord’s option, pay Landlord on demand the reasonable cost of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair repairing any damage to the Tenant Space Premises or Building caused by the removal of any trade fixtures, equipment, or personal property such items. Any of Tenant. In no event will ’s property remaining in the Premises shall be conclusively deemed to have been abandoned by Tenant have the right and may be stored, sold, destroyed or otherwise disposed of by Landlord without further notice to hold over past the termination of this Lease. or demand upon Tenant, and without liability or obligation to account to or compensate Tenant, and Tenant acknowledges that time is of the essence and that it is of critical importance for shall pay to Landlord, as Rent on demand, all costs incurred by Landlord to have possession store and dispose of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantsuch abandoned property.

Appears in 1 contract

Samples: Lease Agreement (GrubHub Inc.)

Surrender. At the termination or expiration of this Lease, time Tenant shall deliver the Tenant Space in good order and repair, ordinary wear and tear excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the requests Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled ’s consent to any and all remedies at law or in equity, Tenant Alterations (including, without limitation, any "Tenant's Work") at the New Premises, Landlord shall notify Tenant if Landlord will require removal of any such item or items included as part of said Tenant Alterations at the end of the Term (or of tenant’s right to change locks possession of the subject Premises under the Lease) (which removal requirement shall only be imposed by Landlord if Landlord, in its good faith judgment, determines that such item or items would be excessively costly or hazardous to remove or that such item or items are not customary for office tenant usage at comparable Class A office buildings in downtown Chicago, Illinois). Landlord's failure to advise Tenant, as part of its consent process, that a given Tenant Alteration is required to be removed upon expiration or earlier termination of this Lease or Tenant's right to possession hereunder, shall be construed to mean that Tenant need not so remove same and such determination shall be binding on Landlord at expiration or termination of the Lease (or of Tenant’s right to possession of the subject Premises under the Lease). Notwithstanding anything herein to the contrary, Tenant shall not be obligated at any time to remove any tenant improvements located within the New Premises as of Landlord’s delivery of possession of such New Premises to Tenant on the buildingNew Premises Turnover Date. Further, in no event shall Tenant be required at any time to remove all trade fixturesany electrical, equipment cabling or personal property from voice/data wiring installed at the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantNew Premises.

Appears in 1 contract

Samples: Fourth Amendment to Lease (FSP 303 East Wacker Drive Corp.)

Surrender. At Upon the termination or expiration of this Lease, Tenant shall deliver peaceably surrender the Tenant Space Premises to Landlord in good order the same condition in which they were received from Landlord at the commencement of this Lease, except as altered as permitted or required by this Lease (and repair, ordinary except for normal wear and tear exceptedprovided that Tenant shall have fully complied with its obligations under Section 5.1 of this Lease). Tenant shall pay, on or before the Termination Date, all costs and expenses relating to the Premises or its maintenance or operation which accrued during the Lease Term. Tenant shall remove from the Premises prior to or within a reasonable time after such termination (not be required to surrender any exceed thirty (30) days) all its personal property that is capable of removal without causing damage to the Premises, and, at Tenant's trade fixturesexpense, equipment or personal propertyshall at such times of removal, unless permanently affixed to repair any damage caused by such removal. Property not so removed shall become the Tenant Space, provided that any trade fixtures, equipment or personal property of Landlord. Landlord may thereafter cause such property to be removed and disposition of and the cost of repairing any damage caused by such removal shall be borne by Tenant. Any holding over by Tenant not removed within forty-eight (48) hours following of the Premises after the expiration or earlier termination or expiration of the term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be deemed abandoned and shall become the sole and exclusive property construed as a tenancy from month to month only, at one hundred twenty-five (125%) of the Landlord. Tenant shall repair any damage to Basic Rent reserved herein and upon the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of same terms and conditions as contained in this Lease. Tenant acknowledges that time is Notwithstanding the foregoing, any holding over without Landlord's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of the essence one hundred twenty-five percent (125%) thereof, to exercise all rights and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at provided by law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Purchase and Sale (Ugly Duckling Corp)

Surrender. At Subject to the provisions of Section 5.07 hereof, on the Term Expiration Date (or earlier termination or expiration of this Lease), Tenant Xxxxxx shall deliver quit and surrender possession of the Tenant Space Leased Premises to Landlord in as good order and repaircondition as they were in on the Term Commencement Date, ordinary reasonable wear and tear, casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. Reasonable wear and tear exceptedshall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall not be required shall, without cost to surrender any of Tenant's Landlord, remove all furniture, equipment, trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or debris and articles of personal property of owned by Tenant not removed within forty-eight (48) hours following in the termination or expiration of this Lease shall be deemed abandoned Leased Premises, and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant Space caused by removal of any trade fixtures, equipment, the Term Expiration Date (or personal property of Tenant. In no event will Tenant have the right to hold over past the 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 acknowledges that time is shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with applicable law, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration terms of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any ; and all remedies at law or in equity, including, without limitationfourth, the right balance, if any, to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Evolve Software Inc

Surrender. At Subject to the provisions of Article 8 hereof, on the Expiration Date (or earlier termination or expiration of this Lease), Tenant shall deliver quit and surrender possession of the Tenant Space Premises to Landlord in as good order and repaircondition as they were in on the Commencement Date, ordinary reasonable wear and tear, taking by condemnation and repairs which are Landlord’s responsibility excepted, and damage from casualty to improvements other than the Tenant Improvements and other improvements paid for from allowances provided by Landlord excepted. Reasonable wear and tear exceptedshall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall not be required shall, without cost to surrender any of Tenant's Landlord, remove all furniture, equipment, trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or debris and articles of personal property of owned by Tenant not removed within forty-eight (48) hours following in the termination or expiration of this Lease shall be deemed abandoned Premises, and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant Space caused by removal of any trade fixtures, equipment, the Expiration Date (or personal property of Tenant. In no event will Tenant have the right to hold over past the 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 acknowledges that time is shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the essence terms of this Lease; and that it is of critical importance for fourth, the balance, if any, to Tenant. If Tenant did not elect pursuant to the Work Letter to cause Landlord to have possession demolish the second floor server room, then at the termination or earlier expiration of the Lease Tenant shall surrender to Landlord the equipment which was located in such room immediately prior to the commencement of construction of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantImprovements.

Appears in 1 contract

Samples: Advent Software Inc /De/

Surrender. At Upon termination of the Lease Term or earlier termination or expiration of this LeaseTenant's right of possession, all Tenant Made Alterations and Non-Structural Alterations and any improvements constructed by Landlord pursuant to the Construction Addendum, if any, attached hereto ("Initial Improvements") shall remain in the Premises as the property of Landlord. Tenant shall deliver have the right to remove its Trade Fixtures subject to the repair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of Default, Landlord may, by 90 days written notice to Tenant, require Tenant Space at Tenant's expense to remove any or all Trade Fixtures and/or any or all Tenant-Made Alterations and/or Non-Structural Alterations and/or the Initial Improvements, and to repair any damage caused by such removal in good order and repairthe same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. Any Trade Fixtures, Tenant-Made Alterations, Non-Structural Alterations or Initial Improvements and property not so removed by Tenant shall not be as permitted or required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant shall repair any damage to the Tenant Space caused by removal hereunder not fully performed as of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is the Lease Term shall survive the termination of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this LeaseLease Term, Landlord shall be entitled to any and all remedies at law or in equity, including, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the right to change locks on condition and repair of the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Lease Agreement (Celerity Group Inc)

Surrender. At Tenant agrees on the last day of the Lease Term, or promptly following any sooner termination or expiration of this Lease, Tenant shall deliver to surrender the Tenant Space Premises to Landlord in good order and repairthe condition delivered to Tenant, ordinary reasonable wear and tear tear, acts of God, casualties, condemnation, Hazardous Materials, as defined in paragraph 18 hereof (other than those stored, used or disposed of by Tenant in or about the Premises in violation of Law, as "Law" defined in paragraph 11(a)), and Alterations (as defined in paragraph 10) made by Tenant which Landlord has not required Tenant to remove, excepted. Tenant shall not be required ascertain from Landlord within thirty (30) days before the expiration of the Lease Term or promptly following any sooner termination whether Landlord will require Tenant to surrender remove any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to Alterations made by Tenant at the Tenant Space, Premises; provided that Landlord shall not require Tenant to remove any trade fixturesAlteration which Landlord has previously indicated may remain at the Premises. If Landlord shall so require, equipment or personal property of then Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned remove such Alterations as Landlord may designate and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Premises occasioned by the removal before the expiration of the Lease Term or promptly following any earlier termination at Tenant's sole cost and expense. On or before the end of the Lease Term or promptly following sooner termination of the Lease Term, Tenant Space caused by removal shall remove all of any trade fixtures, equipment, or its personal property of Tenant. In no event will Tenant have and trade fixtures from the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence Premises, and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does all property not vacate the Tenant Space as required in this Lease, Landlord so removed shall be entitled deemed to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived abandoned by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Netro Corp)

Surrender. At On the Expiration Date or upon the termination or expiration of this Leasehereof upon a day other than the Expiration Date, Tenant shall deliver will peaceably surrender the Tenant Space Premises in good order order, condition and repair, ordinary repair (reasonable wear and tear only excepted); in broom clean condition; office/restroom area vacuumed and cleaned. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment On or personal property, unless permanently affixed to before the Tenant Space, provided that any trade fixtures, equipment Expiration Date or personal property of Tenant not removed within forty-eight (48) hours following the upon termination or expiration of this Lease shall be deemed abandoned and shall become on a day other than the sole and exclusive property of the Landlord. Expiration Date, Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtureswill, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the buildingits expense, remove all trade fixtures, equipment or personal property and equipment and signs from the Tenant Space and/or Premises and any property not removed will be deemed to demolish all improvements have been abandoned. Any damage caused in the removal of such items will be repaired by Tenant Spaceand at its expense. All alterations, additions, improvements and fixtures (other than trade fixtures) which have been made or installed by Landlord or Tenant upon the Premises and all which shall floor covering so installed will remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or injury, and without charge, at the expiration or termination of this Lease. If the Premises are not surrendered on the Expiration Date or the date of termination, Tenant will indemnify Landlord against loss or liability, claims, without limitation, made by any liability or claim against Landlord, which are hereby waived by Tenantsucceeding tenant founded on such delay. Tenant will promptly surrender all keys for the Premises to Landlord at the place then fixed for payment of rent and will inform Landlord of combinations of any locks and safes on the Premises.

Appears in 1 contract

Samples: Commercial Lease (Aetrium Inc)

Surrender. At Tenant agrees, at the expiration or earlier termination or expiration of this Leasethe term hereof, Tenant shall deliver promptly to yield up, clean and neat, and in the Tenant Space in good same condition of order and repair, ordinary normal wear and tear excepted. Tenant shall not be tear, casualty damage (if this Lease is terminated as a result thereof pursuant to Paragraph 15) and taking (if terminated as a result thereof pursuant to Paragraph 17)excepted, in which they are required to surrender be kept throughout the term hereof, the Demised Premises and all fixtures and equipment servicing the Demised Premises and to remove Tenant's signs, goods and effects and any machinery, fixtures and equipment used in the conduct of Tenant's business not servicing the Demised Premises, and to repair any damage caused by the removal. Any of Tenant's personal property such as machinery, trade fixtures, equipment or personal propertyetc., unless permanently affixed to not removed by the Tenant Spacein accordance with the terms hereof, provided that any trade fixturesat the option of the Landlord hereof, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall may be deemed abandoned and shall become the sole and exclusive property of worthless and, optional with the Landlord. Tenant shall repair any damage , may be permitted to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks remain on the building, remove all trade fixtures, equipment Demised Premises or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall may be removed therefrom and discarded at Tenant's cost and expense and without any liability or claim against on Landlord's part. Tenant further agrees Real Estate Lease between Aduromed Corporation and Cheyenne Company LLC that this Lease shall, which are hereby waived by unless sooner terminated pursuant to the provisions hereof, expire absolutely on the expiration of the term hereof without the requirement of any notice from Landlord to Tenant.

Appears in 1 contract

Samples: Lease (General Devices Inc)

Surrender. At the Upon termination or expiration of this Lease, Tenant whether by reason of lapse of time, forfeiture or otherwise, Xxxxxx shall deliver immediately surrender possession of the Tenant Space Premises and all fixtures and improvements then on the same to Landlord in good order order, condition and repair, ordinary wear and tear and loss by insured casualty with effective waiver of subrogation excepted, and all fixtures and improvements on the Premises shall, at Landlord’s option, become the property of Landlord without any obligation on the part of Landlord to compensate Tenant therefor. If possession is not immediately surrendered, Landlord, with or without process of law, may re-enter the Premises and repossess the same or any part thereof and expel and remove therefrom, using all legal means, all persons and property without being deemed guilty of any unlawful act or liable for damages by reason of such re-entry for forfeiture and without prejudice to any other legal remedy available to Landlord. Notwithstanding such re-entry by Landlord or any termination or forfeiture under this Lease, the liability of Tenant for the Rent provided for herein shall continue for the balance of the Term. Tenant shall not be required to surrender any of Tenant's trade fixtureswill pay, equipment or personal property, unless permanently affixed in addition to the Tenant SpaceRent and other sums agreed to be paid hereunder, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following actual reasonable attorneys' fees for enforcing the termination or expiration provisions of this Lease and collecting the Rent due Landlord hereunder, whether or not suit is commenced. Except as expressly provided herein, all alterations, improvements, additions, changes or repairs shall be deemed abandoned provided by and paid for by Tenant at its sole expense, but shall become the sole and exclusive property of Landlord and shall be surrendered with the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the Premises upon termination of this Lease. ; provided, however, that Landlord may, by written notice to Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration as provided in Section 27 of this Lease. In , require Tenant, at Tenant's sole cost and expense, to remove any or all improvements, alterations, additions or fixtures installed or made by Tenant on or to the event Tenant does not vacate Premises and to repair any damages to the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived Premises caused by Tenantsuch removal.

Appears in 1 contract

Samples: Lease Agreement

Surrender. At Tenant agrees that on the last day of the Term, or on the sooner termination or expiration of this Lease, Tenant shall deliver surrender the Tenant Space Premises to Landlord (a) in good order condition and repairrepair (damage by acts of God, ordinary fire, and normal wear and tear excepted), broom clean and free of debris, and (b) otherwise in accordance with Paragraph 32(f). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall not be required to surrender any remove all of Tenant's trade fixtures’s Property (as hereinafter defined) and Tenant’s signage from the Premises, equipment or personal propertythe Building and the Project and repair any damage caused by such removal, unless permanently affixed and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Tenant Space, provided that any trade fixtures, equipment or personal property Expiration Date (except in the event of Tenant not removed within forty-eight (48) hours following the a termination or expiration of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations (but expressly excluding the Tenant Improvements), and to repair any damage caused by such removal. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord. ’s retention and disposition of such property; provided, however, that Tenant shall repair any damage remain liable to the Tenant Space caused by removal Landlord for all costs incurred in storing and disposing of any trade fixtures, equipment, or personal such abandoned property of Tenant. In no event will All Tenant have the right Improvements and Alterations except those which Landlord requires Tenant to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord remove shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements remain in the Tenant Space, all which shall be without any liability or claim against Premises as the property of Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Callidus Software Inc)

Surrender. At Subject to the provisions of Section 5.07 hereof, on the Term Expiration Date (or earlier termination or expiration of this Lease), Tenant shall deliver quit and surrender possession of the Tenant Space Leased Premises to Landlord in as good order and repaircondition as they were in on the applicable Term Commencement Date, ordinary reasonable wear and tear, the Tenant Improvements, casualties, taking by condemnation and repairs which are Landlord's responsibility excepted. Reasonable wear and tear exceptedshall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall not be required shall, without cost to surrender any of Tenant's Landlord, remove all furniture, equipment, trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or debris and articles of personal property of owned by Tenant not removed within forty-eight (48) hours following in the termination or expiration of this Lease shall be deemed abandoned Leased Premises, and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant Space caused by removal of any trade fixtures, equipment, the Term Expiration Date (or personal property of Tenant. In no event will Tenant have the right to hold over past the 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 acknowledges that time is shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper in accordance with applicable law, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration terms of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any ; and all remedies at law or in equity, including, without limitationfourth, the right balance, if any, to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Evolve Software Inc

Surrender. At This Lease shall automatically terminate or expire at the termination end of the Main Term hereof, without the necessity of any notice from either Landlord or Tenant to terminate the same, and Tenant hereby waives notice to vacate the Demised Premises and agrees that Landlord shall be entitled to the benefit of all provisions of law respecting the summary recovery of possession of Demised Premises from a tenant holding over to the same extent as if statutory notice had been given. Tenant shall deliver and surrender to Landlord possession of the Demised Premises upon expiration of this Lease, Tenant shall deliver the Tenant Space or its earlier termination as herein provided, broom clean and in good order condition and repair, ordinary wear and tear excepted. Tenant at its own cost and expense shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal remove all property of Tenant not and all alterations, additions and improvements which Landlord has required in writing to be removed within forty-eight (48) hours following upon the expiration or termination or expiration of this Lease and shall repair all damage to the Demised Premises caused by such removal and restore the Demised Premises to the condition in which they existed immediately prior to the installation of the articles so removed. Any property not so removed at the expiration of the Term hereof shall be deemed to have been abandoned by Tenant and may be retained or disposed of by Landlord, as Landlord shall become the sole desire, but such abandonment shall not relieve Tenant of its obligations to remove and exclusive property of the repair and restore at its own expense if required by Landlord. Tenant Tenant’s obligation to observe or perform this covenant shall repair any damage to survive the Tenant Space caused by removal of any trade fixtures, equipment, expiration or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Shopping Center Lease Agreement

Surrender. At On or before the Expiration Date or earlier termination or expiration of this Sublease, Sublessee shall remove all of its trade fixtures and all alterations and improvements (unless Master Lessor has permitted Sublessee to leave its alterations and improvements), and shall surrender the Subleased Premises to Sublessor in clean condition and in the same condition required by Section 2.6 of the Master Lease, Tenant . Any damage or deterioration of the Subleased Premises shall deliver the Tenant Space in good order and repair, not be deemed ordinary wear and tear exceptedif the same could have been prevented by customary and ordinary maintenance practices. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to Not later than the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of the Term of this Lease shall be deemed abandoned and shall become Sublease or the sole and exclusive property date of the Landlord. Tenant any sooner termination, Sublessee shall repair any damage to the Tenant Space caused Subleased Premises occasioned by the installation or removal of any Sublessee’s trade fixtures, furnishings, equipment, alterations or improvements and personal property of Tenantproperty. In no event will Tenant have If the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does Subleased Premises are not vacate the Tenant Space as required in this Leaseso surrendered, Landlord then Sublessee shall be entitled liable to Sublessor for all reasonable costs incurred by Sublessor in returning the Subleased Premises to the required condition, plus interest thereon at the Interest Rate. Sublessee shall indemnify, defend, protect and hold harmless Sublessor against any and all remedies at law or claims, liabilities, judgments, causes of action, damages, costs, and expenses (including reasonable attorneys’ and experts’ fees) resulting from Sublessee’s delay in equitysurrendering the Subleased Premises, including, without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender. The indemnification set forth in this Paragraph shall survive the right to change locks on the building, remove all trade fixtures, equipment expiration or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantearlier termination of this Sublease.

Appears in 1 contract

Samples: Industrial Space Lease (Alphasmart Inc)

Surrender. At Upon the expiration or sooner termination or expiration of the Term of this Lease, if Tenant has fully and faithfully perform-ed all of the terms, conditions and covenants of this Lease to be performed by Tenant, but not otherwise, Tenant shall, at its sole cost and expense, remove all personal property and trade fixtures which Tenant has installed or placed in or on the Premises (all of which are hereinafter referred to as "Tenant's Property") from the Premises and repair all damage thereto resulting from such removal, and Tenant shall deliver thereupon surrender the Tenant Space Premises in good order and repairthe same condition as on the Commencement Date, ordinary reasonable wear and tear excepted. If Tenant shall has not be required to surrender any fully and faithfully performed all of Tenant's trade fixturesthe terms, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration conditions and covenants of this Lease shall to be deemed abandoned and shall become the sole and exclusive property of the Landlord. performed by Tenant, Tenant shall repair any damage never-theless remove Tenant's Property from the Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Leasedo so from Landlord. In the event Tenant does not vacate the Tenant Space shall fail to remove any of Tenant's Property as required in this Leaseprovided herein, Landlord may, but is not obligated to, at Tenant's expense, remove all of such Tenant's Property not so removed and repair all damage to the Premises resulting from such removal, and Landlord shall be entitled have no responsibility to Tenant for any and loss or damage to Tenant's Property caused by or resulting from such removal or otherwise. If the Premises is not surrendered at the end of the Term, Tenant shall indemnify Landlord against all remedies at law loss or liability resulting from delay by Tenant in equity, so surrendering the Premises including, without limitation, any claims made by any succeeding tenant due to such delay. Tenant agrees not to commit or allow waste to be committed on any portion of the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Lease (Mego Financial Corp)

Surrender. At On or before the Expiration Date or earlier termination or expiration of this Lease, at Landlord’s request, Tenant shall deliver remove the Supplemental Equipment and all other Tenant Space in good order and repairCustomer equipment (including appurtenant cabling and conduits and all other items described on Schedule 2 to this Exhibit E – collectively, ordinary wear “Tenant’s Equipment”) from the Premises, Building and tear excepted. Common Areas, and Tenant shall not be restore the Premises and Common Areas to the condition and configuration existing prior to the installation of Tenant’s Equipment. All other improvements, alterations, augmentations, installations and modifications shall become part of the Premises or Property, as the case may be, upon installation and shall remain with the Premises or Property, as the case may be, and belong to Landlord upon the expiration or sooner termination of the Lease, unless Landlord shall notify Tenant of Landlord’s election that Tenant remove any or all of such items, in which event Tenant shall remove such items at Tenant’s sole cost and expense and shall restore the Premises and other portions of the Property modified by Tenant to the condition existing prior to Tenant’s modifications. If Tenant fails to remove any such items Tenant is required to surrender any of Tenant's trade fixturesremove as provided herein, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease Landlord shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. remove all such items at Tenant’s expense and Tenant acknowledges that time is of the essence hereby indemnifies Landlord from and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to against any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantsuch costs.

Appears in 1 contract

Samples: Office Lease Agreement (KBS Growth & Income REIT, Inc.)

Surrender. At Except as otherwise provided in this Lease, at or before the Expiration Date, or the date of any earlier termination of this Lease in accordance with the terms hereof. (i) Tenant shall vacate the Premises broom clean and in good order and in the substantially the same condition that the Premises existed on the date hereof, except for ordinary wear and tear and damage by casualty or expiration condemnation and such damage or destruction or other correction, prevention, abatement, replacement or repair as Landlord is required to repair, restore or otherwise perform under this Lease; (ii) Tenant shall, at Tenant’s sole cost and expense, remove from the Premises all Tenant’s Property (except such items thereof as Landlord shall have expressly permitted, in writing, to remain which property shall become the property of Landlord upon the Expiration Date, or the date of any earlier termination of this Lease in accordance with the terms hereof) and all Alterations (except as are permitted to remain pursuant to Paragraph 23(a) or as otherwise agreed in writing by Landlord); and (iii) Tenant shall, at Tenant’s sole cost and expense, repair (to Landlord’s reasonable satisfaction) any damage to the Premises resulting from any installation and/or removal of Tenant’s Property and/or any Alterations. Except as otherwise provided in this Lease, any other items of Tenant’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date in accordance with the terms of this Lease, Tenant shall deliver may, at the Tenant Space in good order and repairoption of Landlord, ordinary wear and tear excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned to have been abandoned, and shall become the in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and exclusive property of absolute discretion, at Tenant’s expense. Tenant’s obligations under this Paragraph 30 shall survive the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination expiration date of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Paramount Acquisition Corp)

Surrender. At (a) On the Expiration Date or upon the sooner termination or expiration of this LeaseLease or upon any re-entry by Landlord, Tenant shall shall, at its expense, quit, surrender, vacate and deliver the Tenant Space Premises to Landlord “broom clean” and in good order order, condition and repair, ordinary wear wear, tear and tear damage by fire or other casualty and damage for which Landlord is solely responsible excepted, together with all Alterations (except as otherwise provided for in this Lease). Tenant shall not be shall, at its expense, remove from the Building (i) all of Tenant’s Property, (ii) Extraordinary Fixtures (as defined below) required to surrender be removed by Landlord (in accordance with Section 20.01(b) below), and (iii) any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight or persons claiming through or under Tenant, and shall repair or pay the cost of repairing all damage to the Premises and the Building occasioned by such removal. Any Tenant’s Property or other personal property which shall remain in the Premises (48A) hours following after the Expiration Date or (B) for thirty (30) days after the termination or expiration of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall become be sold, Landlord may receive and retain the sole proceeds of such sale and exclusive 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 excess proceeds shall be the property of the Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant as Additional Rent on demand. The obligations of Tenant under this shall repair any damage to survive the Tenant Space caused by removal of any trade fixtures, equipment, expiration or personal property of Tenant. In no event will Tenant have the right to hold over past the sooner termination of this the Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: MF Global Ltd.

Surrender. At On the Expiration Date or upon the termination or expiration of this Leasehereof on a day other than the Expiration Date, Tenant shall deliver peaceably surrender the Tenant Space Demised Premises broom-clean in good order order, condition and repair, ordinary reasonable wear and tear and loss by fire or other casualty only excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment On or personal property, unless permanently affixed to before the Tenant Space, provided that any trade fixtures, equipment Expiration Date or personal property of Tenant not removed within forty-eight (48) hours following the upon termination or expiration of this Lease shall be deemed abandoned and shall become on a day other than the sole and exclusive property of the Landlord. Expiration Date, Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixturesshall, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the buildingits expense, remove all trade fixtures, personal property, equipment or personal property and signs, from the Tenant Space and/or Demised Premises and any property not removed shall be deemed to demolish all improvements have been abandoned. Any damage caused in the removal of such items shall be repaired by Tenant Spaceand at its expense. All alterations, all additions, improvements and fixtures (other than (i) trade fixtures, (ii) any alterations or fixtures that are unique and not customary for office space that will be removed by Tenant at Landlord's request, and (iii) fixtures that are described in Article 25 that will be removed) which shall have been made or installed by Landlord or Tenant 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 of termination of this Lease. If the Demised Premises are not surrendered on the Expiration Date or the date of termination, Tenant shall indemnify Landlord against loss or liability arising out of or relating to any liability or claim against Landlordclaims resulting from such failure, which are hereby waived including without limitation, any claims made by Tenantany succeeding Tenant founded on such delay. Tenant shall promptly surrender all keys for the Demised Premises to Landlord at the place then fixed for payment of rent and shall inform Landlord of combinations of any locks and safes on the Demised Premises.

Appears in 1 contract

Samples: Lease (Mgi Pharma Inc)

Surrender. At On the termination last day of the term hereof, or expiration of this Leaseon any sooner termination, Tenant shall deliver surrender the Tenant Space Premises to Landlord in good order and repairthe same condition as when such improvements to the Premises were completed, broom clean, ordinary wear and tear excepted. All alterations, improvements, repairs and replacements made by Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to during the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration term of this Lease shall be removed by Tenant upon termination of this lease or at Landlord's option, shall remain with the premises when surrendered by Tenant and be deemed abandoned and shall become the sole and exclusive property a part of the Landlord's property, at no cost to Landlord. Tenant shall repair any damage to the Tenant Space caused by Where removal of any trade fixturessuch item is required, equipmentTenant, or personal property of at Tenant's expense, shall cause same to be removed and the premises restored to a condition that is reasonably satisfactory to Landlord. In no event will Tenant have the right Removal and restoration shall be completed prior to hold over past the termination of this Leaselease. In default thereof, Landlord may effect said removal and repairs at Tenant's expense or treat Tenant acknowledges that time as a holdover Tenant until such removal and restoration is completed to Landlord's reasonable satisfaction. In addition to the foregoing, any personal property of Tenant remaining at the essence and that it is of critical importance for Landlord to have possession of the Tenant Space premises upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord lease (including without limitation Tenant's trade fixtures) shall be entitled to any deemed abandoned by Tenant, and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by at its option, may accept same as part of Landlord's property or cause the removal of same at Tenant's expense without being liable to Tenant for conversion or any claim for damages therefor.

Appears in 1 contract

Samples: Lease Agreement (Jevic Transportation Inc)

Surrender. At On the last day of the term demised or on the sooner termination or expiration of this Leasethereof, Tenant shall deliver peaceably surrender the Tenant Space leased premises in good order order, condition and repair, ordinary broom-clean, reasonable wear and tear and casualty loss only excepted. On or before the last day of the term or the sooner termination thereof, Tenant shall not be required to surrender any of Tenant's shall, at its expense, remove its trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant and equipment and signs from the leased premises and any property not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlordabandoned. Tenant shall repair any Any damage to the Tenant Space caused by Tenant in the removal of any such items shall be repaired by and at Tenant’s expense. All alterations, additions, improvements and fixtures (other than Tenant’s trade fixturesfixtures and equipment) which shall have been made or installed by either Landlord or Tenant upon the leased premises and all flooring shall remain upon and be surrendered with the leased premises as a part thereof, equipmentwithout disturbance, molestation or personal property of Tenant. In no event will Tenant have injury, and without charge, at the right to hold over past the expiration or termination of this Lease; however Landlord shall have the option of requiring Tenant to return the premises to their original state, subject to reasonable wear and tear and casualty loss. Tenant acknowledges that time is If the leased premises be so surrendered at the end of the essence and that it is of critical importance for term or the sooner termination thereof, Tenant shall indemnify Landlord to have possession of against loss or liability resulting from delay by Tenant in so surrendering the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equitypremises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the right leased premises to change Landlord at the place then fixed for payment of rent and shall inform Landlord of combinations of any locks and safes on the buildingleased premises. Tenant hereby waives any and all rights it may have, remove all trade fixturesat law or equity, equipment to redeem or personal property from reinstate this lease upon or after a default by Tenant to the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived maximum extent permitted by Tenantlaw.

Appears in 1 contract

Samples: Lease (Wireless Ronin Technologies Inc)

Surrender. At Upon termination of the Lease Term or earlier termination or expiration of this LeaseTenant's right of possession, all Tenant Made Alterations and Non-Structural Alterations and any improvements constructed by Landlord pursuant to the Construction Addendum, if any, attached hereto ("Initial Improvements") shall remain in the Premises as the property of Landlord. Tenant shall deliver have the right to remove its Trade Fixtures subject to the repair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of Default, Landlord may, by 90 days written notice to Tenant, require Tenant Space at Tenant's expense to remove any or all Trade Fixtures and/or any or all Tenant-Made Alterations and/or Non-Structural Alterations and/or the Initial Improvements, and to repair any damage caused by such removal in good order and repairthe same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. Any Trade Fixtures, Tenant-Made Alterations, Non-Structural Alterations or Initial Improvements and property not so removed by Tenant shall not be as permitted or required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease -10- <PAGE> herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant shall repair any damage to the Tenant Space caused by removal hereunder not fully performed as of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is the Lease Term shall survive the termination of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this LeaseLease Term, Landlord shall be entitled to any and all remedies at law or in equity, including, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the right to change locks on condition and repair of the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises. 22.

Appears in 1 contract

Samples: Lease Agreement

Surrender. At Subject to Landlord's right to require removal or to elect ownership as hereinafter provided, all Alterations made by Tenant to the termination or expiration Premises shall be the property of Tenant, but shall be considered to be a part of the Premises. Unless Landlord gives Tenant written notice of its election not to become the owner of the Alterations at the end of the Term of this Lease, the Alterations shall become the property of Landlord at the end of the Term of this Lease. Landlord may require, on notice to Tenant, that some or all Alterations (other than Cosmetic Alterations) be removed at the end of the Term of this Lease and that any damages caused by such removal be repaired at Tenant's sole expense, provided, however, that to the extent Landlord's consent is required pursuant to this Section, at the written request of Tenant, Landlord agrees to notify Tenant concurrently with Landlord's consent to such Alteration whether or not Landlord will require Tenant to remove such Alteration at the end of the Term. On the last day of the Term hereof, or on any sooner termination, Tenant shall deliver surrender the Tenant Space Premises to Landlord in good order and repairsubstantially the same condition as received by Tenant, ordinary wear and tear and casualty damage excepted. Tenant shall not be required to surrender any , broom-clean and free of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or fixtures and equipment. Tenant's personal property of shall include all computer wiring and cabling installed by Tenant. Provided, however, if Landlord has not elected to have Tenant not removed within forty-eight (48) hours following remove the termination or expiration of Alterations in accordance with this Lease Section 13.4, Tenant shall leave the Alterations at the Premises in the condition same are required to be deemed abandoned maintained by Tenant hereunder, ordinary wear and shall become the sole tear and exclusive property of the Landlordcasualty damage excepted. Tenant shall repair any damage to the Tenant Space caused Premises occasioned by the installation or removal of any Tenant's trade fixtures, furnishings and equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Standard Industrial Lease (G Iii Apparel Group LTD /De/)

Surrender. At The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the expiration or earlier termination or expiration of this Lease, Tenant shall deliver agrees to peaceably surrender the Premises to Landlord broom clean and in the same condition as delivered to Tenant Space in good order and repair, except for ordinary wear and tear excepted. tear, casualty damage (if this Lease is terminated as a result thereof pursuant to Paragraph 20), condemnation, the Tenant shall Improvements, all Alterations not be required to surrender any be removed pursuant to or as provided in Paragraph 13 and all maintenance, repairs and replacements which are the responsibility of Landlord under this Lease, and with all of Tenant's trade fixtures, equipment or personal property, unless permanently affixed property and Alterations (as defined in Paragraph 13) removed from the Premises to the extent required under Paragraph 13 and all damage caused by such removal repaired as required by Paragraph 13. Prior to the date Tenant Spaceis to actually surrender the Premises to Landlord, provided Tenant agrees to give Landlord reasonable prior notice of the exact date Tenant will surrender the Premises so that any trade fixtures, equipment or Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which Tenant is to remove and any repairs Tenant is to make upon surrender of Tenant the Premises. The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof alone will not removed within forty-eight (48) hours following the be sufficient to constitute a termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property or a surrender of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Work Letter Agreement (Interplay Entertainment Corp)

Surrender. At On the last day of the term of this Lease or upon the earlier termination thereof for any reason, Lessee shall peaceably and quietly surrender the Leased Premises in good order, condition and repair, except for reasonable wear and tear, fire or other casualty loss covered by fire and extended coverage insurance, maintenance and repair obligations of Lessor and environmental conditions or violations of laws, ordinances and regulations existing at the time of commencement of the original Lease term, and shall surrender all keys to the Leased Premises to Lessor at the place then fixed for the payment of rent. All alterations, additions, improvements and fixtures (other than those enumerated hereafter in the paragraph) which may be made or installed by Lessor upon the Leased Premises shall become the property of premises as part thereof, without disturbance, molestation or injury at the termination or expiration of the term of this Lease, Tenant shall deliver whether by the Tenant Space in good order and repairlapse of time or otherwise, ordinary wear and tear exceptedall without compensation or credit to Lessee. Tenant shall not be required At any time prior to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixturespremise Lessee may, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does if not vacate the Tenant Space as required then in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the buildingdefault, remove all trade fixtures, equipment or light fixtures, signs and other improvements installed by Lessee at Lessee’s expense. If, prior to surrender of the premises, Lessor so directs by written notice to Lessee, Lessee shall repair any damage occasioned by such removals and, if Lessee fails to do so without delay, Lessor may repair such damage and Lessee will reimburse Lessor for the cost of said repair. Any personal property not removed from the Tenant Space and/or Leased Premises prior to demolish all improvements in the Tenant Space, all which surrender thereof shall be without any liability deemed abandoned and Lessor shall have the unqualified right to keep, destroy, or claim against Landlord, which are hereby waived by Tenantdispose of same.

Appears in 1 contract

Samples: Lease Agreement (Robertson Global Health Solutions Corp)

Surrender. At Upon the expiration or earlier termination of this Lease or the termination or expiration of this LeaseTenant's right to occupy the Leased Property, all Improvements shall automatically become the property of Landlord. Tenant shall deliver covenants to thereupon surrender the Tenant Space Leased Property in good order and repair(if applicable) operating condition, ordinary reasonable wear and tear excepted. , free and clear of any liens, claims, charges or encumbrances and with no Hazardous Material located therein, thereon or thereunder (other than those liens, claims, charges, encumbrances and Hazardous Materials which are attributable to any act or omission of Landlord), and Tenant shall at its sole cost and expense remove Tenant's records and all consumable items from the Leased Property. If Tenant fails to remove any such records or consumable items, Landlord may deem the same abandoned by Tenant, or Landlord may, but is not be required obligated to, at Tenant's expense and without notice to surrender Tenant, remove the same from the Leased Property and thereafter, in Landlord's sole discretion, use, consume, destroy, dispose of or sell all or any part thereof without notice to Tenant. Any proceeds from sales of such property by Landlord shall belong solely to Landlord. Upon termination of Tenant's trade fixturesoccupancy, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage promptly execute and deliver to the Tenant Space caused by removal of any trade fixturesLandlord (i) a quitclaim deed or, equipmentat Landlord's option, or personal property of Tenant. In no event will Tenant have the right to hold over past a memorandum, in recordable form, evidencing the termination of this Lease. Tenant acknowledges that time is Lease and (ii) bills of sale and other documents and instruments of conveyance, transfer and assignment as Landlord may reasonably request to evidence Landlord's acquisition of ownership of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantImprovements.

Appears in 1 contract

Samples: Ground Lease (Grand Casinos Inc)

Surrender. At the Upon expiration or earlier termination or expiration of this Lease, Tenant shall deliver surrender to Port the Tenant Space Premises in good order order, condition, and repair, repair (except for ordinary wear and tear exceptedoccurring after the last necessary maintenance made by Tenant and except for destruction or condemnation as described in Sections 17 and 18 hereof). Tenant Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease. The Premises shall be required to surrender any surrendered clean, free of Tenant's trade fixturesdebris, equipment or personal propertywaste, unless permanently affixed to and Hazardous Materials, and free and clear of all liens and encumbrances other than liens and encumbrances existing as of the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration date of this Lease shall be deemed abandoned and shall become any other encumbrances created by Port. On or before the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, expiration or personal property of Tenant. In no event will Tenant have the right to hold over past the earlier termination of this Lease, Tenant at its sole cost shall remove from the Premises, and repair any damage caused by removal of, Tenant's Property, including any signage and Alterations and Improvements specified in Port's Notice of Removal. Tenant acknowledges that time Except for those designated in Port's Notice of Removal, Alterations and Improvements shall remain in the Premises as Port property. If the Premises is not surrendered at the end of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the Term or sooner termination or expiration of this Lease. In , and in accordance with the event provisions of this Section 25 and Section 13.5, Tenant does not vacate shall continue to be responsible for the payment of Rent (as the same may be increased pursuant to Section 26.2 or 26.3 below as applicable) until the Premises is surrendered in accordance with these Sections, and Tenant Space as required in this Lease, Landlord shall be entitled to Indemnify Port from and against any and all remedies at law loss or liability resulting from delay by Tenant in equity, so surrendering the Premises including, without limitation, any costs of Port to obtain possession of the right Premises; any loss or liability resulting from any Claim against Port made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses to change locks on Port due to lost opportunities to lease any portion of the buildingPremises to any such succeeding tenant or prospective tenant, remove all trade fixturestogether with, equipment in each instance, reasonable attorneys' fees and costs. No act or personal property conduct of Port, including, but not limited to, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Port to Tenant confirming termination of this Lease and surrender of the Premises by Tenant Space and/or to demolish all improvements in shall constitute acceptance of the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantsurrender of the Premises and accomplish a termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement

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Surrender. At the termination or Upon expiration of this Leasethe Term or earlier termination of Tenant’s right of possession, Tenant may, subject to the exercise of any remedies by Landlord (to the extent not waived with respect to any of Tenant’s personal property which is leased or financed), remove Tenant’s Property and shall deliver surrender the Tenant Space Premises to Landlord in good order and repairthe same condition as received, broom clean, ordinary wear and tear exceptedand 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. If any, such key is lost, Tenant shall pay to Landlord, at Landlord’s election, either the cost of replacing such lost key or the cost of changing the lock or locks opened by such lost key. Any Tenant Property, Alterations and property not be so removed by Tenant as permitted or required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the 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 Tenant shall repair any damage to the Tenant Space caused by removal hereunder not fully performed as of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is the Term shall survive the termination of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this LeaseTerm, Landlord shall be entitled to any and all remedies at law or in equity, including, including without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the right condition and repair of the Premises, including the obligation to change locks on the building, remove obtain all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantrequired Hazardous Materials Clearances.

Appears in 1 contract

Samples: Lease Agreement (Xcyte Therapies Inc)

Surrender. At Upon the expiration or earlier termination of the Term or expiration Tenant's right to possession of this Leasethe Premises (and subject to the provisions of Sections 12 and 13 hereof), Tenant shall deliver return the Tenant Space Premises to Landlord broom clean, and in good order and repaircondition, ordinary wear only excepted. If Landlord requires Tenant to remove any alterations pursuant to Section 9 above, then such removal shall be done in a good and tear exceptedworkmanlike manner; and, upon such removal, Tenant shall restore the Premises to its condition prior to the installation of such alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and restore the Premises; and Tenant shall pay the cost of such removal and restoration to Landlord upon demand. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixturesalso remove its furniture, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any trade fixtures and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or other items of personal property from the Premises prior to the expiration or earlier termination of the Term or Tenant's right to possession of the Premises. If Tenant Space and/or does not remove such items prior to demolish all improvements in the expiration or earlier termination of the Term or Tenant's right to possession of the Premises, Tenant Space, all which shall be conclusively presumed to have conveyed the same to Landlord without any liability further payment or claim against credit by Landlord to Tenant; or at Landlord's sole option such items shall be deemed abandoned, in which are hereby waived by event Landlord may cause such items to be removed and disposed of at Tenant's expense, without notice to Tenant and without obligation to compensate Tenant.

Appears in 1 contract

Samples: Work Letter Agreement (Convergent Networks Inc)

Surrender. At Upon the expiration or other termination or expiration of this Leasethe Term, Tenant shall deliver will immediately vacate and surrender possession of the Tenant Space Premises in good order order, repair and repaircondition, except for ordinary wear and tear exceptedand damage from casualty or condemnation. Upon the expiration or other termination of the Term, Tenant shall agrees to remove, at Tenant’s expense, (a) all changes, additions and improvements to the Premises the removal of which Landlord required in writing according to Section 7.2, at the time Landlord consented to their installation or within 10 days after notice with respect to changes, additions and improvements not be required to surrender any requiring Landlord’s consent, and (b) all of Tenant's ’s trade fixtures, furnishings, equipment or and other personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall agrees to repair any damage to the Tenant Space caused Premises occasioned by the removal of such items and restore the Premises to the condition prior to the installation of such items in a good and workmanlike manner, including but not limited to removal and restoration of all penetrations to the walls, roof and floor. If Tenant shall fail to perform any trade fixtures, equipmentrepairs or restoration, or personal property of Tenant. In no event will Tenant have fail to remove any items from the right to hold over past Premises required hereunder within 10 after the expiration or termination of this Lease, Landlord may do so and Tenant shall pay Landlord’s reasonable charges therefor upon demand. Tenant acknowledges that time is Any of Tenant’s property remaining on the essence and that it is of critical importance Premises for Landlord to have possession of more than 10 days after the Tenant Space upon the expiration or termination or expiration of this Lease. In the event , will be conclusively deemed to have been abandoned by Tenant does not vacate the and may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord without notice or obligation to account to or compensate Tenant, and Tenant Space as required in this Lease, will pay Landlord shall be entitled on demand all costs incurred by Landlord relating to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantsuch abandoned property.

Appears in 1 contract

Samples: Lease Agreement (Solid Power, Inc.)

Surrender. At (a) On the date on which this Lease expires or 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. Prior to the expiration or termination or expiration of this Lease, and subject to Section 12 above, Tenant shall deliver remove from the Property (i) all furniture, trade fixtures and equipment, all other personal property owned by Tenant Space or its assignees or subtenants, (ii) all Alterations that were expressly required by Landlord to be removed at the time such approval, if applicable, was given, and, (iii) with respect to the Phase 1-B location only, all improvements that are inconsistent with office space use. Notwithstanding anything to the contrary contained in good order the foregoing, it is hereby understood that no Tenant wiring and repaircabling is required to be removed from the Building, ordinary wear and tear excepted. and, with respect to the Phase 1-A location, Tenant laboratory improvements, trade specific improvements relating to Tenant’s business (such as piping, equipment exhaust, Thermo-oxidizers, etc.), shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlordremoved. Tenant shall repair any damage resulting from such removal and shall restore the Property to the Tenant Space caused by removal good order and condition. Any of any trade fixtures, equipment, or Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, temporarily store, sell or otherwise dispose of Tenantor recycle such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. In no event will If Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have does not return possession of the Tenant Space upon Premises to Landlord in the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as condition required in under this Lease, Tenant shall pay Landlord shall be entitled all reasonable and actual out of pocket costs Landlord incurs to any and all remedies at law or in equity, including, without limitation, so restore the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Lease Agreement (Iovance Biotherapeutics, Inc.)

Surrender. At Upon the expiration or other cancellation or termination of the Term (such date, as applicable, being hereinafter referred to as the "Surrender Date"), Tenant shall immediately vacate and surrender possession of the Premises to Landlord in good order, repair and condition, except for ordinary wear and tear. Upon the expiration or other termination of the Term, Tenant shall (a) remove all Alterations to the Premises which are required to be removed by Tenant upon the expiration or earlier termination of the Term pursuant to the provisions of Section 10 or any other applicable provisions of this Lease, Tenant and restore the Premises to the condition existing prior to the installation of such Alterations (it being understood that such removal and restoration shall deliver be performed subject to the Tenant Space in good order provisions of Article 10 of this Lease), and repair, ordinary wear and tear excepted. Tenant shall not be required to surrender any (b) remove all of Tenant's trade fixtures, office furniture, office equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or and other personal property of Tenant not removed within forty-eight (48) hours following from the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the LandlordPremises. Tenant shall immediately repair any damage caused by such removal or, at Landlord's option, pay Landlord on demand the reasonable cost of repairing any damage to the Tenant Space Premises or Building caused by the removal of any trade fixtures, equipment, or personal property such items. Any of Tenant. In no event 's property remaining in the Premises will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord be conclusively deemed to have possession been abandoned by Tenant and may be appropriated, stored, sold, destroyed or otherwise disposed of the Tenant Space by Landlord without further notice to or demand upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this LeaseTenant, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlordobligation to account to or compensate Tenant, which are hereby waived and Tenant will pay Landlord on demand all costs incurred by TenantLandlord relating to such abandoned property.

Appears in 1 contract

Samples: Lease Agreement (Signal Apparel Company Inc)

Surrender. At Upon the Expiration Date or earlier cancellation or termination of the Term (such date, as applicable, being hereinafter referred to as the “Surrender Date”), Tenant shall immediately vacate and surrender possession of the Premises to Landlord broom clean and in good order, repair and condition, except for ordinary wear and tear, casualty and condemnation. Upon the expiration or expiration other termination of the Term, Tenant shall (a) remove all Specialty Alterations (as defined in Section 10.1.5), and restore the Premises to the condition existing prior to the installation of such Alterations (which removal and restoration shall be performed pursuant to the provisions of Article 10 of this Lease), Tenant shall deliver and (b) remove all of Tenant’s trade fixtures, office furniture, office equipment and other personal property from the Tenant Space in good order and repair, ordinary wear and tear exceptedPremises. Tenant shall not be required to surrender immediately repair any damage caused by such removal or, at Landlord’s option, pay Landlord on demand the reasonable cost of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair repairing any damage to the Tenant Space Premises or Building caused by the removal of any trade fixtures, equipment, or personal property such items. Any of Tenant. In no event will ’s property remaining in the Premises after the Surrender Date shall be conclusively deemed to have been abandoned by Tenant have the right and may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord without further notice to hold over past the termination of this Lease. or demand upon Tenant, and without liability or obligation to account to or compensate Tenant, and Tenant acknowledges that time is of the essence and that it is of critical importance for shall pay Landlord, as Additional Rent, on demand, all costs incurred by Landlord to have possession store and dispose of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantsuch abandoned property.

Appears in 1 contract

Samples: Office Lease (Cra International, Inc.)

Surrender. At the expiration of the Term or earlier termination or expiration of this Lease, without the requirement of any notice, Tenant shall deliver peaceably surrender the Premises including all alterations and additions except such alterations and additions as Landlord and Tenant Space have agreed shall or may be left on the Premises, the Premises and improvements to be in good order and repair, ordinary wear and tear exceptedthe condition in which the same are required to be maintained under Section 5.1. Tenant shall not be required shall, at the time of termination, remove the goods, effects and fixtures which Tenant is directed or permitted to surrender remove in accordance with the provisions of this Section, making any repairs to the Premises and other areas necessitated by such removal and leaving the Premises clean and tenantable. Should Tenant fail to remove any of such goods, effects, and fixtures, Landlord may have them removed forcibly, if necessary, and store any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to property in a public warehouse at the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property risk of Tenant. In no event will If such items are not removed from storage within thirty (30) days, such items may be sold by any customary methods in order to pay storage costs and other expenses of Landlord. The expense of such removal, storage and reasonable repairs necessitated by such removal shall be borne by Tenant have the right or reimbursed by Tenant to hold over past the termination of this LeaseLandlord. Tenant acknowledges that time is Upon approval of the essence Plans by Landlord as provided in Section 3.1, Landlord and that it is of critical importance for Landlord Tenant shall enter into an agreement as to have possession which items (i) must be removed by tenant, (ii) may be removed by Tenant and (iii) may not be removed by Tenant at the expiration of the Tenant Space upon Term of the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall which agreement may be entitled modified from time to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived time by Tenantmutual agreement.

Appears in 1 contract

Samples: Sublease (Altarex Corp)

Surrender. At Upon the expiration or other termination or expiration of this Lease, Tenant shall deliver surrender the Tenant Space Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) in good order and repairtheir original condition, ordinary except for reasonable wear and tear excepted. tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall not be remove from the Premises any Alterations that Tenant is required by Landlord to surrender any remove under the provisions of this Lease and all of Tenant's ’s personal property (including, without limitation, all voice and data cabling) and trade fixtures, equipment and, at Landlord’s sole election, any other improvements, whether installed by Landlord or personal propertyTenant, unless permanently affixed to that are of a type or quantity that would not be installed by or for a typical tenant using space for general office purposes, or are otherwise nonstandard. If such removal is not completed at the Tenant Space, provided that any trade fixtures, equipment expiration or personal property of Tenant not removed within forty-eight (48) hours following the other termination or expiration of this Lease shall be deemed abandoned and shall become Lease, Landlord may remove the sole and exclusive property of the Landlordsame at Tenant’s expense. Tenant shall repair any Any damage to the Tenant Space Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and walls) or, if Tenant fails to do so, Landlord may do so at Tenant’s expense. The removal of any trade fixtures, equipment, Alterations from the Premises shall be governed by Paragraph 9 above. Tenant’s obligations under this paragraph shall survive the expiration or personal property of Tenant. In no event will Tenant have the right to hold over past the other termination of this Lease. Upon expiration or termination of this Lease or of Tenant’s possession, Tenant acknowledges that time is shall surrender all keys to the Premises or any other part of the essence Building and that it is shall make known to Landlord the combination of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the buildingall safes, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements cabinets and vaults that may be located in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Office Lease (Homeunion Holdings, Inc.)

Surrender. At Upon the termination or expiration of this Leasethe Term or earlier termination of Tenant’s right of possession, Tenant shall deliver surrender the Tenant Space Premises to Landlord in good order and repairthe same condition as received, subject to any Alterations or Installations permitted by Landlord to remain in the Premises, 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 a Landlord Party, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 excepted. Tenant shall immediately 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 Landlord’s election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations and property not be so removed by Tenant as permitted or required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the 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 Tenant shall repair any damage to the Tenant Space caused by removal hereunder not fully performed as of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. the Term, including the obligations of Tenant acknowledges that time is under Section 26 hereof, shall survive the expiration or earlier termination of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equityTerm, including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the right to change locks on condition and repair of the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Lease (Sage Therapeutics, Inc.)

Surrender. At the termination or expiration of this Lease, Tenant shall deliver the Tenant Space in good order and repair, ordinary wear and tear excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past Upon the termination of this Lease, by expiration or otherwise, Tenant shall peaceably surrender the Premises to Landlord in good condition and repair consistent with Tenant's duty to make repairs as provided herein. All Alterations and decorations made to the Premises by Tenant after the initial build-out shall remain and be the property of Landlord unless Landlord shall require Tenant (which election shall be made by Landlord at the time of Landlord's consent to same), at Tenant's expense, to remove any or all thereof and repair the damage caused by such removal. All furniture, equipment and unattached movable personal property owned by Tenant may (and upon Landlord's request shall) be removed from the Premises by Tenant no later than the termination date, and Tenant shall repair any and all damage caused by such removal. Tenant acknowledges that time is shall also remove its satellite dish from the roof of the essence Building, its card access security system hardware and that it is of critical importance for Landlord to have possession of all cabling, wiring and ancillary equipment installed by Tenant in the Tenant Space Premises or the Building and repair any damage caused by such removal. If the Premises are not surrendered upon the termination or expiration of this Lease. In Lease as set forth herein, Tenant shall indemnify Landlord against all loss or liability resulting from delay by Tenant in so surrendering the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, Premises including, without limitation, any claim made by any succeeding tenant founded on such delay. Tenant shall also surrender all keys to the right to change locks on the buildingPremises and shall inform Landlord of combinations in any locks, remove all trade fixturessafes and vaults, equipment or personal property from the Tenant Space and/or to demolish all improvements if any, in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Metavante Corp

Surrender. At Except as required under Section 23 of the Original Lease (regarding removal of Lines) and except as required under Section 25.5 of the Original Lease and Section 5.3 above (regarding Units and Package Units) and except for Tenant’s obligation to remove Tenant’s Full Floor Signage under Section 9 above, upon the expiration or earlier termination or expiration of this the Lease, as amended hereby, Tenant shall deliver surrender possession of the Tenant Space Premises to Landlord in as good order condition and repairrepair as exists as of the date of this Third Amendment, ordinary except for reasonable wear and tear exceptedtear, casualty, condemnation and repairs that are Landlord’s express responsibility hereunder. Notwithstanding the foregoing, in the event Alterations have been installed by Tenant in the Premises as of the date of this Third Amendment which were not approved by Landlord, Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment remove such non-approved Alterations upon the expiration or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the earlier termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall Lease and repair any damage to associated with such removal. From and after the Tenant Space caused by removal date of this Third Amendment, Landlord shall, concurrently with Landlord’s approval of any trade fixtures, equipment, further tenant improvement or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, alteration work (including, without limitation, any Tenant Improvement Work to be installed by Tenant in accordance with the Work Letter attached hereto as Exhibit A), inform Tenant in writing of any items that will be required to be removed upon the expiration or earlier termination of the Lease, as amended hereby, and Landlord’s failure to so inform Tenant concurrently with Landlord’s approval of such alterations shall be deemed to be a waiver of Landlord’s right to change locks on cause such Alterations to be removed at the buildingexpiration or earlier termination of the Lease, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantas amended.

Appears in 1 contract

Samples: Office Lease (Nutanix, Inc.)

Surrender. At (a) Upon the expiration or other termination or expiration of this Lease, Tenant shall deliver quit and surrender to Landlord the Tenant Space Premises and every part thereof and all alterations, additions and improvements thereto, broom clean and in good order condition and state of repair, ordinary reasonable wear and tear only excepted. Tenant shall not be required to surrender any remove all of Tenant's trade fixturesProperty from the Premises (with the exception of Tenant's modular office furniture more particularly described on Exhibit M attached hereto and incorporated herein by reference, equipment or personal propertywhich may only be removed from the Premises by Tenant in accordance with the provisions of subparagraph (b) below), unless permanently affixed and Tenant shall restore the Premises to the condition immediately preceding the time of placement thereof. If Tenant Space, provided that any trade fixtures, equipment shall fail or personal property refuse to remove all of Tenant not removed within forty-eight (48) hours following Tenant's Property from the Premises upon the expiration or termination or expiration of this Lease for any cause whatsoever or upon Tenant being dispossessed by process of law or otherwise, Tenant's Property shall be deemed conclusively to be abandoned and shall become the sole and exclusive property may be appropriated, sold, stored, destroyed or otherwise disposed of the Landlordby Landlord without obligation to account for Tenant's Property. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for pay Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to on demand any and all remedies at law or expenses incurred by Landlord in equitythe removal of Tenant's Property, including, without limitation, the right cost of repairing any damage to change locks on the building, remove all trade fixtures, equipment Building or personal property from Property caused by the Tenant Space and/or removal of Tenant's Property and storage charges (if Landlord elects to demolish all improvements in the Tenant Space, all which store Tenant's Property). The covenants and conditions of this Paragraph 51 shall be without survive any liability expiration or claim against Landlord, which are hereby waived by Tenanttermination of this Lease.

Appears in 1 contract

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

Surrender. At 20.01. Upon the termination or expiration of this the Term or any earlier termination of the Lease, Tenant shall, if Landlord so requests, remove all exposed computer, telephone and other wiring, cables and equipment and Tenant's property; and tenant shall deliver surrender the Tenant Space Demised Premises to Landlord broom-clean and in good order and repaircondition, ordinary wear and tear excepted. Tenant shall not be required to surrender any of and damage from causes beyond Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Leasereasonable control excepted. In the event of Tenant's failure to so remove such equipment or Tenant's property, Landlord shall have the option either to retain such property without obligation to Tenant does not vacate or to dispose thereof at Tenant's expense, including a charge of fifty cents per square foot of rentable area for removal of wiring and equipment. If Tenant retains possession of the Tenant Space as required in this Demised Premises or any part thereof after the expiration of the Term or earlier termination of the Lease, without Landlord's prior consent, Tenant (without prejudice to any of Landlord's other rights and remedies) shall pay to Landlord, on a daily basis, an amount equal to one and one-half (1-1/2) times the Net Rent stipulated in Section 1.04(a) hereof (or the Net Rent payable during the Extended Term, if any), for the time Tenant thus remains in possession, (i) all reasonable costs and expenses relating to the Building incurred by Landlord for such period of Tenant's holdover, and (ii) all damages sustained by Landlord by reason of Tenant's retention of possession. Nothing contained in the Lease shall be construed as a consent by Landlord to the occupancy or possession by Tenant of the Demised Premises beyond the expiration or prior termination of the Term, and Landlord, upon such expiration or prior termination of the Term shall be entitled to any and the benefit of all legal remedies at law now in force or in equity, including, without limitation, hereafter enacted relating to the right to change locks on speedy repossession of the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantDemised Premises.

Appears in 1 contract

Samples: Medco Health Corp

Surrender. At Upon the expiration or earlier termination or expiration of this Lease, Tenant shall deliver peaceably leave and surrender the Tenant Space Leased Premises to Landlord in good order and repairthe same condition in which the Leased Premises was at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and tear tear, and any Casualty or Condemnation as to which Tenant has no obligation hereunder to repair or restore, excepted. Upon such surrender, Tenant shall not be (a) remove from the Leased Premises all (x) Tenant’s Personal Property, (y) Alterations required to surrender any of Tenant's trade fixturesbe removed pursuant to Paragraph 13 hereof, equipment or personal propertyif any, unless permanently affixed to the Tenant Spaceand (z) all Forced Removal Items, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight if applicable; and (48b) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal such removal. Property not so removed shall not become the property of Tenant. In no Landlord unless Landlord shall, at its option, notify Tenant in writing that Landlord has deemed such remaining property abandoned and has elected to take title to same, but in either event will Tenant have Landlord may cause such property to be removed from the right Leased Premises and the cost of removing and disposing of such property and repairing any damage to hold over past the termination of this Lease. Tenant acknowledges that time is any of the essence and that it is of critical importance for Leased Premises caused by such removal shall be paid by Tenant to Landlord to have possession of the Tenant Space upon the termination or expiration of this Leasedemand. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled not in any manner or to any and all remedies at law extent be obligated to reimburse or in equity, including, without limitation, otherwise compensate Tenant for any such property which becomes the right property of Landlord pursuant to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantthis Paragraph 26.

Appears in 1 contract

Samples: Agreement of Lease

Surrender. At Subject to the provisions of SECTION 5.07 hereof, on the Term Expiration Date (or earlier termination or expiration of this Lease), Tenant Xxxxxx shall deliver quit and surrender possession of the Tenant Space Leased Premises to Landlord in as good order and repaircondition as they were in on the Term Commencement Date, ordinary reasonable wear and tear, taking by condemnation and damage by casualty excepted. Reasonable wear and tear exceptedshall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall not be required shall, without cost to surrender any of Tenant's Landlord, remove all furniture, equipment, trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or debris and articles of personal property of owned by Tenant not removed within forty-eight (48) hours following in the termination or expiration of this Lease shall be deemed abandoned Leased Premises, and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant Space caused by removal of any trade fixtures, equipment, the Term Expiration Date (or personal property of Tenant. In no event will Tenant have the right to hold over past the 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 acknowledges that time is shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration terms of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any ; and all remedies at law or in equity, including, without limitationfourth, the right balance, if any, to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Shopnow Com Inc

Surrender. At (a) Subject to the provisions of Section 5.7 hereof, on the Term Expiration Date (or earlier termination or expiration of this Lease), Tenant Xxxxxx shall deliver quit and surrender possession of the Tenant Space Leased Premises to Landlord in as good order and repaircondition as they were in on the Term Commencement Date, ordinary reasonable wear and tear, casualty damage, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, subcontractors, invitees and licensees excepted. Reasonable wear and tear exceptedshall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall not be required shall, without cost to surrender any of Tenant's Landlord, remove all furniture, equipment, trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or debris and articles of personal property of owned by Tenant not removed within forty-eight (48) hours following in the termination or expiration of this Lease shall be deemed abandoned Leased Premises, and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant Space caused by removal of any trade fixtures, equipment, the Term Expiration Date (or personal property of Tenant. In no event will Tenant have the right to hold over past the 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 acknowledges that time is shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration terms of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any ; and all remedies at law or in equity, including, without limitationfourth, the right balance, if any, to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Aquinox Pharmaceuticals, Inc

Surrender. At the termination end of this Lease, Tenant will surrender the Premises to Landlord in the same condition as when received at the inception of this Lease, subject to ordinary wear and tear. Except for Alterations that Tenant agreed to remove at the end of this Lease according to Article 9 and Alterations that Landlord requires Tenant to remove by written notice given before the Expiration Date, all Alterations will become a part of the Premises and will become the property of Landlord at the end of this Lease. In that event, Tenant will promptly remove prior to the end of this Lease the Alterations designated by Landlord and will promptly restore, patch and repair any resulting damage, all at Tenant’s expense. If Tenant fails to perform its obligations under this Article, in addition to any other remedies, Landlord may use, apply or retain all or any part of the Security Deposit with respect to the failure. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises will be and remain the property of Tenant upon the expiration of this Lease, provided Tenant shall deliver the Tenant Space is not in good order and repair, ordinary wear and tear excepteddefault hereunder. Tenant shall not be required to surrender any of Tenant's trade fixtureswill, equipment or personal propertyat its sole expense, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned remove all such items and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space Premises or the Building caused by removal of such removal. If Tenant fails to remove any trade fixtures, equipment, such items or personal property of Tenant. In no event will Tenant have repair such damage promptly before the right to hold over past the termination end of this Lease. , Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord will be deemed to have possession abandoned it; Landlord may store it at Tenant’s expense or appropriate it for itself, or sell or dispense of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required it in this Leaseits discretion, Landlord shall be entitled with no liability to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Lease (Syntax-Brillian Corp)

Surrender. At Section 21.1 On the last day of the term demised, or on the sooner termination or expiration of this Leasethereof, Tenant shall deliver peaceably and quietly leave, surrender and yield up unto Landlord the Tenant Space Demised Premises, broom-clean, in good order and repair, ordinary wear and tear excepted, together with all alterations, additions and improvements which may have been made in the Demised Premises, except as otherwise provided for under this Lease. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal All property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease by Tenant shall be deemed abandoned and shall become by Tenant. If the sole and exclusive property Demised Premises are not surrendered at the end of the Landlord. Tenant shall repair any damage to term in the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have condition and on the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance basis provided for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Tenant shall indemnify Landlord against damage, loss and liability resulting from Tenant’s failure or refusal to surrender the Demised Premises in the condition and on the basis provided in this Lease, and Tenant, on demand of Landlord, shall be entitled to any reimburse Landlord for such damage, loss and all remedies at law or in equityliability and which damage, includingloss and liability shall include, without limitation, claims made by any succeeding tenant founded on Landlord’s delay in delivering the right Demised Premises. Notwithstanding anything to change locks on the buildingcontrary herein contained, remove all trade fixtures, equipment or personal property from Tenant agrees that the minimal use and occupancy charge payable by Tenant Space and/or to demolish all improvements in the Tenant Space, all which for any holdover period shall be without any liability or claim against Landlordat a per annum rate (prorated for the holdover period) equal to one and one half times the rent payable by Tenant for the last lease year of the expired term, which are hereby waived but nothing herein contained shall be a consent by TenantLandlord to such holdover.

Appears in 1 contract

Samples: Agreement of Lease (Nathans Famous Inc)

Surrender. At Upon expiration or sooner termination of the termination Term or expiration Tenant's right to possession of this Leasethe Premises, Tenant shall deliver return the Tenant Space Premises to Landlord in good substantially the same order and repaircondition when received, except for, ordinary wear and tear excepteddamage by fire or other casualty or any other damage that Tenant has no obligation to repair. Tenant shall not be remove any of the initial improvements required to surrender any of Tenant's trade fixturesbe removed pursuant to Exhibit B hereof, equipment or personal propertyat its sole costs and --------- expense, unless permanently affixed prior to the surrender of the Premises, and restore any areas damaged by such removal to a reasonably good condition consistent with the required condition of the balance of the Premises under this paragraph. If Landlord requires Tenant Spaceto remove any alterations pursuant to Section 9, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease then such removal shall be deemed abandoned done in a good and workmanlike manner; and upon such removal Tenant shall become restore the sole Premises to its condition prior to the installation of such alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and exclusive property restore the Premises; and Tenant shall pay the cost of the Landlordsuch removal and restoration to Landlord upon demand. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixturesalso remove its furniture, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any trade fixtures and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or other items of personal property from the Premises prior to termination of the Term or Tenant's right to possession of the Premises. If Tenant Space and/or does not remove such items, Tenant shall be conclusively presumed to demolish all improvements have conveyed the same to Landlord without further payment or credit by Landlord to Tenant; or at Landlord's sole option such items shall be deemed abandoned, in the Tenant Spacewhich event Landlord may cause such items to be removed and disposed of at Tenant's expense, all which shall be 115% of Landlord's actual cost of removal, without any liability or claim against Landlord, which are hereby waived by notice to Tenant and without obligation to compensate Tenant.

Appears in 1 contract

Samples: Tenant Improvements Construction Agreement (Silicon Gaming Inc)

Surrender. At Provided that all of the termination or expiration Surrender Conditions have been fully and completely and timely satisfied, then effective as of the Partial Termination Date, this LeaseLease solely with respect to the Surrender Space, and the rights of the Tenant solely with respect to the Surrender Space shall terminate and expire with the same force and effect as if such Partial Termination Date had originally been specified as the Expiration Date. Prior to the later of (such later date, the “Partial Surrender Date”) (i) the Partial Termination Date, and (ii) the date on which Tenant actually surrenders and yields-up the Surrender Space, Tenant shall deliver comply with all of the Tenant Space in good order terms and repair, ordinary wear provisions of the Lease and tear excepted. Tenant shall not be required to surrender any perform all of Tenant's trade fixtures, equipment or personal property, unless permanently affixed its obligations hereunder with respect to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Surrender Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right obligation to change locks on pay when due all Annual Fixed Rent and other Additional Rent. By not later than the buildingPartial Termination Date, remove Tenant shall surrender and yield-up the Surrender Space in good and broom-clean order, repair and condition, free of all trade fixturestenants and occupants, equipment or personal property from the Tenant Space and/or to demolish all improvements and otherwise in the Tenant Spacecondition in which the Premises are required to be surrendered, all which subject to and in accordance with the provisions of Section 16.4 of this Lease at the expiration of the Term. All property and Alterations of any kind, nature or description remaining in the Surrender Space after the Partial Surrender Date shall be without any liability or claim against and become the property of Landlord and may be disposed of by Landlord, which are hereby waived by without payment from Landlord and without the necessity to account therefor to Tenant.

Appears in 1 contract

Samples: Transportation Access Plan Agreement (CarGurus, Inc.)

Surrender. At Tenant agrees that on the last day of the Term, or on the sooner termination or expiration of this Lease, Tenant shall deliver surrender the Tenant Space Premises to Landlord (a) in good order condition and repairrepair (damage by casualty, ordinary acts of God, fire, and normal wear and tear excepted), and (b) otherwise in accordance with Paragraph 32(f). Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or sooner termination of this Lease, (i) Tenant shall not be required to surrender any remove all of Tenant's trade fixtures’s Property (as hereinafter defined) which it is obligated to remove, equipment or personal propertyremove Tenant’s signage from the Premises, unless permanently affixed the Building and the Project and repair any damage caused by such removal, and (ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Tenant Space, provided that any trade fixtures, equipment or personal property Expiration Date (except in the event of Tenant not removed within forty-eight (48) hours following the a termination or expiration of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant at Tenant’s expense to remove any or all Alterations and to repair any damage caused by such removal. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord. ’s retention and disposition of such property; provided, however, that Tenant shall repair any damage remain liable to the Tenant Space caused by removal Landlord for all costs incurred in storing and disposing of any trade fixtures, equipment, or personal such abandoned property of Tenant. In no event will All Tenant have the right Improvements and Alterations except those which Landlord requires Tenant to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord remove shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements remain in the Tenant Space, all which shall be without any liability or claim against Premises as the property of Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Deed of Lease (Sucampo Pharmaceuticals, Inc.)

Surrender. At Upon the termination or expiration of this LeaseLease in any manner whatsoever, Tenant shall remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Tenant Space Demised Premises to Landlord peaceably and quietly in as good order and repair, ordinary wear and tear excepted. Tenant shall not be required to surrender any condition as at the inception of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration term of this Lease shall or as the same hereafter may be deemed abandoned improved by Landlord or Tenant, reasonable use and shall become the sole wear thereof, damage from fire and exclusive property of the other insured casualty and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past at the termination of this Lease. Tenant acknowledges that time is of the essence , however terminated, shall be considered abandoned and that it is of critical importance for Landlord at Landlord's option, be conclusively deemed to have possession been conveyed by Tenant to Landlord as if by Xxxx of Sale without payment by Landlord. Landlord may dispose of and/or store such goods and effects not removed by Tenant, in Landlord's sole and absolute discretion, the Tenant Space upon cost thereof to be charged to Tenant. Landlord shall not be responsible for the value, preservation or safe keeping of any property which it handles, stores or removes pursuant to this subparagraph. Upon the termination or expiration of this Lease. In the event Lease in any manner whatsoever, Tenant does not vacate the Tenant Space as required in this Lease, shall return to Landlord shall be entitled to any and all remedies at law keys and security access cards affecting the Demised Premises and issued to Tenant and Tenant shall provide Landlord with any combinations or in equity, including, without limitation, safe keys with respect to any secured areas within the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantDemised Premises.

Appears in 1 contract

Samples: Office Lease (I Trax Com Inc)

Surrender. At Upon the expiration or termination or expiration of this Lease, Tenant shall deliver surrender the Tenant Space Premises to Landlord in good order the condition in which the Premises were received from Landlord on the Effective Date, except as repaired, rebuilt, restored, altered or added to as permitted or required hereby and repair, except for ordinary wear and tear tear, casualty and condemnation excepted. Tenant shall remove from the Premises on or prior to such expiration or termination all property situated thereon which is not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned owned by Landlord and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal such removal. Property not so removed shall become the property of Landlord, and Landlord may cause such property to be removed from the Premises and disposed of, but the actual cost of any trade fixtures, equipment, or personal property such removal and disposition and of repairing any damage caused by such removal shall be borne by Tenant. In no event will Tenant have However, notwithstanding the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Leaseforegoing, Landlord shall be entitled allowed (and Tenant hereby grants to any and all remedies at law or in equityLandlord the option) to purchase such Tenant’s Personal Property from Tenant for an amount equal to the fair market value of Tenant’s Personal Property; provided, includinghowever, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements that such option shall only be exercisable by Landlord in the event that Tenant Space, all which has not removed such Personal Property within thirty (30) days following the expiration or termination of the Lease. Tenant’s Personal Property shall only be deemed to be retained by Landlord if Landlord specifically elects to retain the same by written notice to Tenant. The fair market value of the Tenant’s Personal Property shall be without any liability or claim against Landlorddetermined by the mutual agreement of Landlord and Tenant, which are hereby waived and if the parties cannot agree, by Tenantappraisal by an unrelated third-party appraiser.

Appears in 1 contract

Samples: Lease Agreement (Phoenix Container, Inc.)

Surrender. At Upon the expiration or other termination or expiration of this Lease, Tenant shall deliver surrender the Tenant Space Premises and all improvements and Alterations to Landlord broom-clean and in good order and repairtheir original condition, ordinary except for reasonable wear and tear excepted. tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall not be required to surrender any remove from the Premises all of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of and trade fixtures that Tenant not removed within forty-eight (48) hours following is required by Landlord to remove under the termination or expiration provisions of this Lease shall be deemed abandoned and shall become Lease. If such removal is not completed at the sole and exclusive property expiration or other termination of this Lease, Landlord may remove the Landlordsame at Tenant's expense. Tenant shall repair any Any damage to the Tenant Space Premises or the Building caused by such removal shall be repaired promptly by Tenant or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of any trade fixtures, equipment, Alterations from the Premises shall be governed by Paragraph 9 hereof. Tenant's obligations under this Paragraph shall survive the expiration or personal property of Tenant. In no event will Tenant have the right to hold over past the other termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant acknowledges that time is shall surrender all keys to the Promises or any other part of the essence Building and that it is shall make known to Landlord the combination of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the buildingall safes, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements cabinets and vaults that may be located in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: CKS Group Inc

Surrender. At Upon the expiration or other termination or expiration of the term of this Lease, subject to Paragraph 20 above and Paragraph 31 below, Tenant shall deliver will promptly quit the Tenant Space Leased Premises and surrender the Leased Premises to Landlord broom clean, in good order and repaircondition, except ordinary wear and tear exceptedand damage by insured casualty or condemnation, and in accordance and compliance with the Building Standard and the terms and provisions of this Lease. Tenant shall not be required to surrender any will remove all of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any its trade fixtures, equipment, or movable furniture and other effects and such Alterations as required pursuant to Paragraph 10 hereof, as required under this Lease, including without limitation Tenant’s personal property set forth on Exhibit E, attached hereto and by this reference incorporated herein. All trade fixtures, equipment, movable furniture and personal effects of Tenant. In no event will Tenant not removed from the Leased Premises within the time period required under this Lease for any cause whatsoever may be, at Landlord’s sole option, conclusively be deemed to have the right been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to hold over past the termination of this LeaseTenant or any other person, and without an obligation by Landlord to account therefor. Tenant acknowledges that time is will pay Landlord for all reasonable expenses for such removal and the disposition of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Leasesuch property. In the event that Tenant does not fails to vacate the Tenant Space Leased Premises in a timely manner as required in under this Lease, Tenant will be responsible to Landlord shall be entitled to any and for all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived reasonable costs incurred by TenantLandlord as a result of such failure.

Appears in 1 contract

Samples: Commercial Lease (Starz)

Surrender. At Upon termination of the Lease Term or earlier termination or expiration of this LeaseTenant's right of possession, all Tenant Made Alterations and Non-Structural Alterations and any improvements constructed by Landlord pursuant to the Construction Addendum, if any, attached hereto ("Initial Improvements") shall remain in the Premises as the property of Landlord. Tenant shall deliver have the right to remove its Trade Fixtures subject to the repair obligations set forth herein. Alternatively, upon any such termination, but subject to other provisions hereunder specifying a shorter notice period following an Event of Default, Landlord may, by 90 days written notice to Tenant, require Tenant Space at Tenant's expense to remove any or all Trade Fixtures and/or any or all Tenant-Made Alterations and/or Non-Structural Alterations and/or the Initial Improvements, and to repair any damage caused by such removal in good order and repairthe same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Paragraphs 15 and 16 excepted. Any Trade Fixtures, Tenant-Made Alterations, Non Structural Alterations or Initial Improvements and property not so removed by Tenant shall not be as permitted or required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease herein shall be deemed abandoned and shall become the sole may be stored, removed, and exclusive property disposed of the by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant shall repair any damage to the Tenant Space caused by removal hereunder not fully performed as of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is the Lease Term shall survive the termination of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this LeaseLease Term, Landlord shall be entitled to any and all remedies at law or in equity, including, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the right to change locks on condition and repair of the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Lease Agreement (Celerity Group Inc)

Surrender. At A. On or prior to the expiration or termination of this Sublease, whether by expiration, forfeiture, lapse of time or otherwise, or upon the termination or expiration of this LeaseSubtenant’s right of possession, Tenant Subtenant shall (i) remove (and restore any damage resulting from such removal) any and all of Subtenant’s movable personal property, any Subtenant signage and, subject to Section 31 below, the Furniture (as defined below), and (ii) deliver to Sublandlord the Tenant Space Premises in good order the condition and repairrepair the Premises were in as of the Commencement Date, ordinary reasonable wear and tear excepted, including, but not limited to, removing and restoring any alterations or improvements which Subtenant undertook at the Premises. Tenant If Subtenant shall not fail to timely perform such restoration, removal and repair obligations, Subtenant shall be required deemed to surrender be in holdover in the Premises without Sublandlord’s or Prime Landlord’s consent until such restoration, removal and repair is complete. If Subtenant shall fail to remove any of Tenant's trade fixtures, equipment or Subtenant’s personal property, unless permanently affixed including but not limited to the Tenant SpaceFurniture (to the extent required under Section 31 below), provided that any trade fixturesfrom the Premises, equipment or personal such property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned (and shall become Subtenant will be deemed to have relinquished all right, title and interest in such property), and Sublandlord is authorized, without liability to Subtenant for loss or damage thereto, at the sole risk of Subtenant, to (a) remove and exclusive store such property of at Subtenant’s risk and expense; (b) retain such property, in which case all right, title and interest therein shall accrue to Sublandlord; (c) sell such property and retain the Landlordproceeds from such sale; or (d) otherwise dispose or destroy such property. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space Except as required provided in this Section 17A, Subtenant shall have no obligation or liability with respect to Sublandlord’s restoration obligations under the Prime Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Sublease Agreement (Ophthotech Corp.)

Surrender. At No act or thing done by Landlord or Tenant or any agent or employee of Landlord or Tenant during the Lease Term shall be deemed to constitute an acceptance by Landlord or Tenant of a surrender of the Premises unless such intent is specifically acknowledged in a writing signed by Landlord and Tenant. The delivery of keys to the Premises to Landlord or any agent or employee of Landlord shall not constitute a surrender of the Premises or effect a termination or expiration of this Lease, whether or not the keys are thereafter retained by Landlord, and notwithstanding such delivery Tenant shall deliver be entitled to the return of such keys at any reasonable time upon request until this Lease shall have been terminated. Upon the expiration of the Term or other termination of this Lease, and without further notice, Tenant Space shall peaceably and quietly quit and surrender to Landlord the Premises, broom clean, in good order and repairorder, excepting only ordinary wear and tear exceptedand loss by fire or other casualty which Tenant is not obligated to repair pursuant to the terms hereof. Tenant shall not be required to surrender any All articles of Tenant's movable personal property, trade fixtures, equipment and furniture shall remain the property of Tenant, and may be removed by Tenant at any time during the Term. Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all such items of personal property, unless permanently affixed to the Tenant Space, provided that any furniture and trade fixtures, equipment or personal property and such similar articles of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be deemed abandoned removed, and shall become the sole and exclusive property of the Landlord. Tenant shall repair any at its own expense all damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence Premises and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property Office Building resulting from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenantsuch removal.

Appears in 1 contract

Samples: Project Site Plan (Aames Financial Corp/De)

Surrender. At Tenant, on the termination Expiration Date, shall peaceably surrender to Landlord the Premises in broom-clean condition and in good repair, and shall return to Landlord any and all keys (including, without limitation, access cards) furnished to, or expiration of this Leaseotherwise procured by, Tenant relating in any way to the Premises or the Building; provided, however, in no event shall the Premises be deemed surrendered until Tenant has provided Landlord with a certification from a reputable HVAC contractor that the HVAC is in good repair and condition. Tenant hereby waives any and all notices to vacate. Subject to Section 1602, Tenant shall deliver remove all of its personal property and removable trade fixtures and equipment, as well as its signs and identification marks (collectively “Personal Property”) from the Tenant Space in good order and repair, ordinary wear and tear exceptedPremises at or before the end of the Term. Tenant shall not be required agrees to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any all damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Leasesuch removal. In the event Tenant does not vacate the Tenant Space make any repairs as required by this Article 16, Tenant shall be liable for and agrees to pay Landlord’s costs and expenses in making such repairs. No act or thing done by the Landlord Parties during the Term shall be deemed an acceptance of a surrender of the Premises and no agreement to accept such surrender shall be valid unless in writing signed by Landlord. No employee of Landlord or Landlord’s agents shall have any power to accept the keys of the Premises prior to the termination of this Lease, Landlord shall be entitled and the delivery of keys to any and all remedies at law such agent or in equity, including, without limitation, employee shall not operate as a termination of this Lease or a surrender of the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Article 1

Surrender. At Upon the expiration or earlier termination or expiration of this LeaseSublease, Tenant Subtenant shall vacate and deliver the Tenant Space Sublease Premises to Sublandlord in good order and repairthe same condition as of the Commencement Date, ordinary wear and tear excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant Subtenant shall repair any all damage to the Tenant Space caused by Sublease Premises as a result of the removal of any trade fixtures, equipment, or its personal property of Tenant. In no event will Tenant have the right and any improvements or alterations required to hold over past the termination of be removed pursuant to this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this LeaseSublease. In the event Tenant does not vacate Subtenant fails to comply with the Tenant Space as required in this Leaseforegoing removal obligations or upon Subtenant being dispossessed by process of law or otherwise, Landlord all such property shall be entitled deemed conclusively to any be abandoned and Sublandlord may retain, sell, store, destroy or otherwise dispose of the same as Sublandlord so elects in its sole discretion upon prior written notice to Subtenant. Subtenant shall pay Sublandlord on demand all remedies at law or out-of-pocket expenses incurred by Sublandlord in equitythe removal of such property, including, without limitation, the right cost of repairing damage to change locks on the buildingSublease Premises caused by the removal of such property and storage charges (if Sublandlord elects to store such property). Further, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Spaceevent the end of the Term coincides with the end of the term under the Prime Lease, all which Subtenant shall be provide Sublandlord with reasonable access to the Sublease Premises to allow Sublandlord to fulfill its obligations under the Prime Lease, including, without limitation, removing any liability improvements or claim against Landlordalterations existing in the Sublease Premises prior to the Commencement Date, which are hereby waived by Tenantand Subtenant shall otherwise reasonably cooperate with Sublandlord in connection with the foregoing. Subtenant’s obligations under this Section 22 shall survive the expiration or earlier termination of this Sublease.

Appears in 1 contract

Samples: Sublease Agreement

Surrender. At (a) Subject to the provisions of Section 5.7 hereof, on the Term Expiration Date (or earlier termination or expiration of this Lease), Tenant Xxxxxx shall deliver quit and surrender possession of the Tenant Space Leased Premises to Landlord in broom clean condition and as good order and repaircondition as they were in on the Term Commencement Date, ordinary reasonable wear and tear, casualty damage, taking by condemnation and damage by casualty not caused by Tenant, its agents, employees, contractors, invitees and licensees excepted. Reasonable wear and tear exceptedshall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease. Tenant shall not be required shall, without cost to surrender any of Tenant's Landlord, remove all furniture, equipment, trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or debris and articles of personal property of owned by Tenant not removed within forty-eight (48) hours following in the termination or expiration of this Lease shall be deemed abandoned Leased Premises, and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Project resulting from such removal. Any such property not removed by Tenant Space caused by removal of any trade fixtures, equipment, the Term Expiration Date (or personal property of Tenant. In no event will Tenant have the right to hold over past the 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 acknowledges that time is shall fail to pay the cost of storing any such property after storage for thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of any such sale as follows: first, to the costs of such sale; second, to the costs of storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration terms of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any ; and all remedies at law or in equity, including, without limitationfourth, the right balance, if any, to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Lease (Metagenomi Technologies, LLC)

Surrender. At Upon the expiration or termination or expiration of this Lease, Tenant shall deliver surrender the Tenant Space Premises to Landlord in good order and repairits original condition, ordinary except for reasonable wear and tear exceptedand damage from casualty or condemnation; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove from the Premises all Tenant's personal property, trade fixtures, alterations and other Above-Standard Improvements that Tenant has the right or is required by Landlord to remove under the provisions of this Lease. Tenant shall not also be required to surrender responsible for removal of all telephone cables and wires, CRT, data and telephone equipment, and any other form of cabling that exists in Tenant's space and was installed after the Completion Date. If any of such removal is not completed at the expiration or termination of this Lease, Landlord may remove the same at Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlordexpense. Tenant shall repair any Any damage to the Tenant Space Premises or the Building caused by such removal of any trade fixturesshall be repaired promptly by Tenant or, equipmentif Tenant fails to do so, Landlord may do so at Tenant's expense, in which event Tenant shall immediately reimburse Landlord for such expenses together with interest at the Default rate until so paid. Tenant's obligations under this Paragraph shall survive the expiration or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant acknowledges that time is shall surrender all keys to the Premises or any other part of the essence Building and that it is shall make known to Landlord the combination of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the buildingall safes, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements cabinets and vaults that may be located in the Premises. Please Initial Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.( ) Landlord ( )

Appears in 1 contract

Samples: Agreement (Nextcard Inc)

Surrender. At Upon the expiration or other termination or expiration of this Lease, Tenant shall deliver surrender the Tenant Space Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) in their good order and repaircondition, ordinary except for reasonable wear and tear exceptedtear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall remove from the Premises any Alterations that Tenant is required by Landlord to remove under the provisions of this Lease and all of Tenant’s Property and trade fixtures. If such removal is not completed at the expiration or other termination of this Lease, Landlord may 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -44- remove the same at Tenant’s expense. Any damage to the Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of damage to ceilings and walls, but Tenant shall not be required to surrender any re-paint, touch-up paint, fill minor nail holes, etc.) or, if Tenant fails to do so, Landlord may do so at Tenant’s expense. The removal of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to Alterations from the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease Premises shall be deemed abandoned and governed by Paragraph 9 above. Tenant’s obligations under this paragraph shall become survive the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, expiration or personal property of Tenant. In no event will Tenant have the right to hold over past the other termination of this Lease. Upon expiration or termination of this Lease or of Tenant’s possession, Tenant acknowledges that time is shall surrender all keys to the Premises or any other part of the essence Building and that it is shall make known to Landlord the combination of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the buildingall safes, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements cabinets and vaults that may be located in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Office Lease (Warner Music Group Corp.)

Surrender. At Upon the expiration or termination or expiration of this Leasethe final Lease Term, howsoever effected, Tenant shall deliver forthwith surrender the Tenant Space Leased Premises to Landlord or Landlord’s designee, free and clear of all claims, liens, security interests and other encumbrances (except Permitted Encumbrances and other encumbrances approved in writing by Landlord during the Lease Term) and in as good working order and repaircondition as on the Commencement Date, ordinary wear and tear excepted. Landlord's Equipment and all inventory acquired by Tenant during the Lease term and on hand as of the date of expiration or termination shall also be surrendered to Landlord and all equipment and inventory surrendered shall have an aggregate functional capability at least equal to the aggregate functional capability of the equipment and inventory existing at the Facility as of the Commencement Date. At the expiration of the final Lease Term or upon any sooner termination of this Lease, or upon Xxxxxxxx’s rightful reentry onto the Premises, Tenant shall not be required surrender the Premises to surrender any of Tenant's trade fixturesLandlord “broom clean” and in good working order, equipment condition and repair, except for ordinary wear and tear and damage by casualty or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlordcondemnation. Tenant shall repair cooperate fully with the transfer of operations to any damage to new tenant including, without limiting the Tenant Space caused by removal generality of any trade fixturesthe foregoing, equipment, or personal property the transfer of Tenantinformation on resident accounts and contracts. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of may the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right seek to change locks on the building, remove all trade fixtures, equipment number of licensed beds at the Leased Premises or personal property from move any part of its nursing home operation to another location without the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against express written consent of Landlord, which are hereby waived by Tenantconsent may be withheld with or without cause in Xxxxxxxx’s sole discretion.

Appears in 1 contract

Samples: Lease Agreement

Surrender. of At the termination or expiration end of the term of this Lease, Tenant shall deliver Leased Space surrender the Tenant Space Leased space to Landlord, together with all alterations, additions and improvements thereto, in broom clean condition and in good order and repair, repair except for ordinary wear and tear exceptedand damage for which Tenant is not obligated to make repairs under this Lease. Subject to Paragraph 9 hereof and if Tenant is not then in default under any of the terms hereof, Tenant shall not be required have the right at the end of the term hereof to surrender remove any of equipment, furniture, trade fixtures or other personal property placed in the Leased Space by Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that Tenant promptly repairs any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following damage to the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the LandlordLeased Space caused by such removal. Tenant shall repair any all damage to the Tenant Leased Space caused by such removal and restore the Leased Space to the condition in which it was prior to the installation of the items so removed. Tenant shall surrender the Leased Space to Landlord at the end of the term hereof, without notice of any trade fixtureskind, and Tenant waives all right to any such notice as may be provided under any laws now or hereafter in effect in Pennsylvania. If Tenant shall fail to remove any of its equipment, furniture, trade fixtures or other personal property property, Landlord may remove and store the same at the expense of Tenant. In no event will Tenant have or sell the right same on behalf of Tenant at public or private sale in such manner as is commercially reasonable, with any proceeds thereof to hold over past be first applied to the termination of this Lease. Tenant acknowledges that time is costs and expenses, including attorney's fees, of the essence storage and that it is sale and the payment of critical importance for Landlord to have possession of any amounts owed hereunder by the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by Tenant.

Appears in 1 contract

Samples: Antares Pharma Inc /Mn/

Surrender. At the Upon termination or expiration of this LeaseLease or Tenant's right to possession, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon, to Landlord, in good condition and repair, normal wear and tear excluded. Tenant shall remove from the Premises all of Tenant's personal property, equipment and trade fixtures (collectively "Tenant's - Property") and Tenant shall repair any injury or damage to the Premises which may result from such removal, and shall restore the Premises to the same condition as prior to the installation thereof. If Tenant does not remove Tenant's Property from the Premises, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat Tenant's Property as having been conveyed to Landlord with this Lease acting as a xxxx of sale, without further payment or credit by Landlord to Tenant. If Landlord requests the removal of any Alterations (including without limitation Tenant’s fence), Tenant shall deliver remove all such items and restore the Tenant Space in good order and repairPremises to their original condition, ordinary wear and tear excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment excepted upon expiration or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event If, after Landlord’s request, Tenant does not vacate the Tenant Space as required in this Leaseremove said Alterations, Landlord may remove the same and Tenant shall be entitled pay the cost of such removal to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantLandlord upon demand.

Appears in 1 contract

Samples: Industrial Building Lease

Surrender. At Upon the expiration or earlier termination or expiration of this the Lease, Tenant shall deliver will surrender the Premises to Landlord broom clean and in the condition which Tenant Space is required to maintain the Premises under this Lease. Tenant will not be obligated to repair any damage which Landlord is required to repair under Article 11 (Casualty and Condemnation). Landlord may require Tenant, at its expense, to remove any alterations, additions or improvements made by Tenant or by Landlord, at Tenant’s request, prior to the expiration or earlier termination of the Lease and to restore the Premises to their prior condition. With respect to any alterations, additions or improvements which require Landlord’s approval, Landlord will specify if Tenant will be required to remove the same at the time of such approval. Any work which Tenant is not required to remove will, at Landlord’s option, become Landlord’s property and will be surrendered to Landlord upon the expiration or earlier termination of the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without damage to the Property so long as Tenant repairs any damage caused by such removal. Notwithstanding anything to the contrary contained in good order and repairthis Section 9.06, ordinary wear and tear excepted. Tenant shall not be required to surrender remove any of footings for Tenant's trade fixtures, ’s manufacturing equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements installed in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Industrial Lease (Viasystems Group Inc)

Surrender. At The Tenant shall at the expiration or other termination or expiration 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 Xxxxxx’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 Tenant Space Landlord 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 (except as otherwise agreed at the time of construction or installation), in good order and repairthe condition required under Section 11 hereof, ordinary damage by fire or other casualty, reasonable wear and tear tear, and taking by eminent domain only excepted. Tenant shall not be required to surrender any of Tenant's trade fixtures, equipment or personal property, unless permanently affixed to the Tenant Space, provided that any trade fixtures, equipment or personal property of Tenant not removed within forty-eight (48) hours following the termination or expiration of this Lease shall be deemed abandoned and shall become the sole and exclusive property of the Landlord. Tenant shall repair any damage to the Tenant Space caused by removal of any trade fixtures, equipment, or personal property of Tenant. In no event will Tenant have the right to hold over past the termination of this Lease. Tenant acknowledges that time is of the essence and that it is of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate of the Tenant Space as required in this Lease, Landlord shall be entitled Tenant’s failure to remove any and all remedies at law or in equity, including, without limitation, the right to change locks on the building, remove all trade fixtures, equipment or personal of Tenant’s property from the premises, Landlord is hereby authorized, without liability to Tenant Space and/or for loss or damage thereto, and at the sole risk of Tenant, to demolish remove and store any of the property at Tenant’s expense, or to retain same under Xxxxxxxx’s control or to sell at public or private sale, without notice any or all improvements in of the Tenant Spaceproperty not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, all which or to destroy such property. In the event that Xxxxxx does not move from the leased premises at the end of the term (as may be extended), the Base Rent shall be without any liability or claim against Landlordthe then existing Base Rent multiplied by 150% for the first thirty (30) days, which are hereby waived by Tenantthen 200 percent, and Tenant shall be considered a Tenant at sufferance.

Appears in 1 contract

Samples: Pine Technology Acquisition Corp.

Surrender. At Upon the expiration or other termination or expiration of this Lease, Tenant shall deliver surrender the Tenant Space Premises to Landlord vacant and broom-clean, with all improvements and Alterations (except as provided below) in good order and repairtheir original condition, ordinary except for reasonable wear and tear excepted. tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to the expiration or termination of this Lease Tenant shall not be remove from the Premises any Alterations that Tenant is required by Landlord to surrender any remove under the provisions of this Lease and all of Tenant's personal property (including, without limitation, all voice and data cabling) and trade fixtures, equipment and, at Landlord's sole election, any other improvements, whether installed by Landlord or personal propertyTenant, unless permanently affixed to that are of a type or quantity that would not be installed by or for a typical tenant using space for general office purposes, or are otherwise nonstandard. If such removal is not completed at the Tenant Space, provided that any trade fixtures, equipment expiration or personal property of Tenant not removed within forty-eight (48) hours following the other termination or expiration of this Lease shall be deemed abandoned and shall become Lease, Landlord may remove the sole and exclusive property of the Landlordsame at Tenant's expense. Tenant shall repair any Any damage to the Tenant Space Premises or the Building caused by such removal shall be repaired promptly by Tenant (including the patching or repairing of ceilings and walls) or, if Tenant fails to do so, Landlord may do so at Tenant's expense. The removal of any trade fixtures, equipment, Alterations from the Premises shall be governed by Paragraph 9 above. Tenant's obligations under this paragraph shall survive the expiration or personal property of Tenant. In no event will Tenant have the right to hold over past the other termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant acknowledges that time is shall surrender all keys to the Premises or any other part of the essence Building and that it is shall make known to Landlord the combination of critical importance for Landlord to have possession of the Tenant Space upon the termination or expiration of this Lease. In the event Tenant does not vacate the Tenant Space as required in this Lease, Landlord shall be entitled to any and all remedies at law or in equity, including, without limitation, the right to change locks on the buildingall safes, remove all trade fixtures, equipment or personal property from the Tenant Space and/or to demolish all improvements cabinets and vaults that may be located in the Tenant Space, all which shall be without any liability or claim against Landlord, which are hereby waived by TenantPremises.

Appears in 1 contract

Samples: Office Lease (Kitara Media Corp.)

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