Common use of Surrender of Leased Property Clause in Contracts

Surrender of Leased Property. The LESSEE shall on the last day of the term, or upon the sooner termination of the lease, any extension or renewal thereof, peacefully and quietly surrender the Leased Property to the LESSOR, broom clean, in as good condition or repair as at the commencemyn of the term, with normal wear and tear thereof excepted. The LESSEE shall remove all improvements and replacements which are LESSEE's property and, if such removal damages the Leased Property, LESSEE shall repair and restore the Leased Property in conformity with this paragraph. LESSEE convenants and agrees that if it shall at any time fail to make any payments or perform any act which the LESSEE is obligated to make or perform under this lease within fifteen (15) days after LESSEE's time to make any such payment or perform any act has expired including applicable periods of notice or grace then the LESSOR may, but shall not be obligated so to do, and without waiving, or releasing the LESSEE from any obligations of the LESSEE in this lease contained, make any payment or perform any act which the LESSEE is obligated to perform under this lease, in such manner and to such extent as shall be necessary, and in exercising any such rights, reasonably pay necessary and incidental costs and expenses, employ counsel and incur and pay reasonable attorneys' fees. Notwithstanding the foregoing, LESSOR may make any such payment or perform any such act before LESSEE's time to do so as provided herein has expired if the same is necessary to protect the structural integrity of the building or as required by law, governmental authority, LESSOR's mortgagee, insurance company or rating company, and charge to LESSEE the incidental costs and expenses in connection with the performance of any such act by LESSOR, shall be deemed Additional Rent hereunder and, except as otherwise in this lease expressly provided, shall be payable to LESSOR on demand or at the option of the LESSOR may be added to any rent then due or thereafter becoming due under this lease, and LESSEE covenants to pay any such sum or sums with interest as aforesaid and LESSOR shall have (in addition to any other right or remedies of LESSOR), the same rights and remedies in the event of the non-payment thereof by LESSEE as in the case of default by LESSEE in the payment of rent.

Appears in 1 contract

Sources: Lease Agreement (Nastech Pharmaceutical Co Inc)

Surrender of Leased Property. The LESSEE shall on (a) Upon the last day expiration of the termTerm, or upon the sooner earlier termination of this Lease if mutually agreed upon or determined by a final order from a court with jurisdiction from which the leasetime for appeal has expired, title to JoePC Improvements which for this purpose shall include all fixtures and personal property or equipment furnished or installed in or associated with the Complex and owned or leased by JoePC, which shall be free and clear of all debts, mortgages, encumbrances, liens, and violations of any extension Governmental Approvals or renewal thereofEnvironmental Permits, peacefully in any material respect, shall automatically pass to, vest in and quietly surrender belong to the City or its successor in ownership and it shall be lawful for the City or its successor in ownership to re- enter and repossess the Complex, the Leased Property and JoePC Improvements without process of law; and (b) Subject to Section 9.10(b), upon the expiration of the Term, or earlier termination if mutually agreed upon or determined by an final order from a court with jurisdiction from which the time for appeal has expired, JoePC shall leave the Leased Premises and the JoePC Improvements which for this purpose shall include all fixtures and personal property or equipment furnished or installed in or associated with the Complex and owned or leased by ▇▇▇▇▇, in the state of repair and cleanliness required to be maintained by it during the term of this Lease and shall peaceably surrender the same to the LESSORCity in full working order, broom cleanrepair and in compliance with all Governmental Approvals, Governmental Requirements, and Environmental Permits. (c) The City and JoePC covenant that, to confirm the automatic vesting of title as provided in this Section, each will execute and deliver such further assurances and instruments of assignment and conveyance as may be reasonably required by the other for that purpose, including Governmental Approvals and Environmental Permits in all material respects. (d) JoePC warrants and agrees that upon the expiration of the Term, or earlier termination of this Lease if mutually agreed upon or determined by a final order from a court with jurisdiction from which the time for appeal has expired, title to JoePC Improvements, which for this purpose shall include all fixtures and personal property or equipment furnished or installed in or associated with the Complex and owned or leased by JoePC, shall be free and clear of all debts, mortgages, encumbrances, liens, and violations of any Governmental Approvals or Environmental Permits, in as good condition or repair as at any material respect. (e) Notwithstanding the commencemyn of forgoing, in the termevent JoePC is entitled to elect, with normal wear elects, and tear thereof excepted. The LESSEE shall remove all improvements and replacements which are LESSEE's property andexecutes the alternative specified in Section 9.10(b), if such removal damages it is understood that there will be no JoePC Improvements on the Leased Property, LESSEE shall repair and restore the Leased Property in conformity with this paragraph. LESSEE convenants and agrees that if it shall at any time fail to make any payments or perform any act which the LESSEE is obligated to make or perform under this lease within fifteen (15) days after LESSEE's time to make any such payment or perform any act has expired including applicable periods of notice or grace then the LESSOR may, but shall not be obligated so to do, and without waiving, or releasing the LESSEE from any obligations of the LESSEE in this lease contained, make any payment or perform any act which the LESSEE is obligated to perform under this lease, in such manner and to such extent as shall be necessary, and in exercising any such rights, reasonably pay necessary and incidental costs and expenses, employ counsel and incur and pay reasonable attorneys' fees. Notwithstanding the foregoing, LESSOR may make any such payment or perform any such act before LESSEE's time to do so as provided herein has expired if the same is necessary to protect the structural integrity of the building or as required by law, governmental authority, LESSOR's mortgagee, insurance company or rating company, and charge to LESSEE the incidental costs and expenses in connection with the performance of any such act by LESSOR, shall be deemed Additional Rent hereunder and, except as otherwise in this lease expressly provided, shall be payable to LESSOR on demand or at the option of the LESSOR may be added to any rent then due or thereafter becoming due under this lease, and LESSEE covenants to pay any such sum or sums with interest as aforesaid and LESSOR shall have (in addition to any other right or remedies of LESSOR), the same rights and remedies in the event of the non-payment thereof by LESSEE as in the case of default by LESSEE in the payment of rent.

Appears in 1 contract

Sources: Ground Lease

Surrender of Leased Property. The LESSEE shall on (a) Upon the last day expiration of the termTerm, or upon the sooner earlier termination of this Lease if mutually agreed upon or determined by a final order from a court with jurisdiction from which the leasetime for appeal has expired, title to Lessee Improvements which for this purpose shall include all fixtures and personal property or equipment furnished or installed in or associated with the Complex and owned or leased by SAMP, which shall be free and clear of all debts, mortgages, encumbrances, liens, and violations of any extension Governmental Approvals or renewal thereofEnvironmental Permits, peacefully in any material respect, shall automatically pass to, vest in and quietly surrender belong to the City or its successor in ownership and it shall be lawful for the City or its successor in ownership to re- enter and repossess the Complex, the Leased Property and Lessee Improvements without process of law; and (b) Subject to Section 9.l0(b), upon the expiration of the Term, or earlier termination if mutually agreed upon or determined by an final order from a court with jurisdiction from which the time for appeal has expired, SAMP shall leave the Leased Premises and the Lessee Improvements which for this purpose shall include all fixtures and personal property or equipment furnished or installed in or associated with the Complex and owned or leased by SAMP, in the state of repair and cleanliness required to be maintained by it during the term of this Lease and shall peaceably surrender the same to the LESSORCity in full working order, broom cleanrepair and in compliance with all Governmental Approvals, Governmental Requirements, and Environmental Permits. (c) The Parties covenant that, to confirm the automatic vesting of title as provided in this Section, each will execute and deliver such further assurances and instruments of assignment and conveyance as may be reasonably required by the other for that purpose, including Governmental Approvals and Environmental Permits in all material respects. (d) SAMP warrants and agrees that upon the expiration of the Term, or earlier termination of this Lease if mutually agreed upon or determined by a final order from a court with jurisdiction from which the time for appeal has expired, title to Lessee Improvements, which for this purpose shall include all fixtures and personal property or equipment furnished or installed in or associated with the Complex and owned or leased by SAMP, shall be free and clear of all debts, mortgages, encumbrances, liens, and violations of any Governmental Approvals or Environmental Permits, in as good condition or repair as at any material respect. (e) Notwithstanding the commencemyn of forgoing, in the termevent SAMP is entitled to elect, with normal wear elects, and tear thereof excepted. The LESSEE shall remove all improvements and replacements which are LESSEE's property andexecutes the alternative specified in Section 9.10(b), if such removal damages it is understood that there will be no Lessee Improvements on the Leased Property, LESSEE shall repair and restore the Leased Property in conformity with this paragraph. LESSEE convenants and agrees that if it shall at any time fail to make any payments or perform any act which the LESSEE is obligated to make or perform under this lease within fifteen (15) days after LESSEE's time to make any such payment or perform any act has expired including applicable periods of notice or grace then the LESSOR may, but shall not be obligated so to do, and without waiving, or releasing the LESSEE from any obligations of the LESSEE in this lease contained, make any payment or perform any act which the LESSEE is obligated to perform under this lease, in such manner and to such extent as shall be necessary, and in exercising any such rights, reasonably pay necessary and incidental costs and expenses, employ counsel and incur and pay reasonable attorneys' fees. Notwithstanding the foregoing, LESSOR may make any such payment or perform any such act before LESSEE's time to do so as provided herein has expired if the same is necessary to protect the structural integrity of the building or as required by law, governmental authority, LESSOR's mortgagee, insurance company or rating company, and charge to LESSEE the incidental costs and expenses in connection with the performance of any such act by LESSOR, shall be deemed Additional Rent hereunder and, except as otherwise in this lease expressly provided, shall be payable to LESSOR on demand or at the option of the LESSOR may be added to any rent then due or thereafter becoming due under this lease, and LESSEE covenants to pay any such sum or sums with interest as aforesaid and LESSOR shall have (in addition to any other right or remedies of LESSOR), the same rights and remedies in the event of the non-payment thereof by LESSEE as in the case of default by LESSEE in the payment of rent.

Appears in 1 contract

Sources: Ground Lease

Surrender of Leased Property. The LESSEE shall on (a) Upon the last day expiration of the termTerm, or upon the sooner earlier termination of this Lease if mutually agreed upon or determined by a final order from a court with jurisdiction from which the leasetime for appeal has expired, title to Lessee Improvements which for this purpose shall include all fixtures and personal property or equipment furnished or installed in or associated with the Complex and owned or leased by SAMP, which shall be free and clear of all debts, mortgages, encumbrances, liens, and violations of any extension Governmental Approvals or renewal thereofEnvironmental Permits, peacefully in any material respect, shall automatically pass to, vest in and quietly surrender belong to the City or its successor in ownership and it shall be lawful for the City or its successor in ownership to re- enter and repossess the Complex, the Leased Property and Lessee Improvements without process of law; and (b) Subject to Section 9.l0(b), upon the expiration of the Term, or earlier termination if mutually agreed upon or determined by an final order from a court with jurisdiction from which the time for appeal has expired, SAMP shall leave the Leased Premises and the Lessee Improvements which for this purpose shall include all fixtures and personal property or equipment furnished or installed in or associated with the Complex and owned or leased by SAMP, in the state of repair and cleanliness required to be maintained by it during the term of this Lease and shall peaceably surrender the same to the LESSORCity in full working order, broom cleanrepair and in compliance with all Governmental Approvals, Governmental Requirements, and Environmental Permits. (c) The City and SAMP covenant that, to confirm the automatic vesting of title as provided in this Section, each will execute and deliver such further assurances and instruments of assignment and conveyance as may be reasonably required by the other for that purpose, including Governmental Approvals and Environmental Permits in all material respects. (d) SAMP warrants and agrees that upon the expiration of the Term, or earlier termination of this Lease if mutually agreed upon or determined by a final order from a court with jurisdiction from which the time for appeal has expired, title to Lessee Improvements, which for this purpose shall include all fixtures and personal property or equipment furnished or installed in or associated with the Complex and owned or leased by SAMP, shall be free and clear of all debts, mortgages, encumbrances, liens, and violations of any Governmental Approvals or Environmental Permits, in as good condition or repair as at any material respect. (e) Notwithstanding the commencemyn of forgoing, in the termevent SAMP is entitled to elect, with normal wear elects, and tear thereof excepted. The LESSEE shall remove all improvements and replacements which are LESSEE's property andexecutes the alternative specified in Section 9.10(b), if such removal damages it is understood that there will be no Lessee Improvements on the Leased Property, LESSEE shall repair and restore the Leased Property in conformity with this paragraph. LESSEE convenants and agrees that if it shall at any time fail to make any payments or perform any act which the LESSEE is obligated to make or perform under this lease within fifteen (15) days after LESSEE's time to make any such payment or perform any act has expired including applicable periods of notice or grace then the LESSOR may, but shall not be obligated so to do, and without waiving, or releasing the LESSEE from any obligations of the LESSEE in this lease contained, make any payment or perform any act which the LESSEE is obligated to perform under this lease, in such manner and to such extent as shall be necessary, and in exercising any such rights, reasonably pay necessary and incidental costs and expenses, employ counsel and incur and pay reasonable attorneys' fees. Notwithstanding the foregoing, LESSOR may make any such payment or perform any such act before LESSEE's time to do so as provided herein has expired if the same is necessary to protect the structural integrity of the building or as required by law, governmental authority, LESSOR's mortgagee, insurance company or rating company, and charge to LESSEE the incidental costs and expenses in connection with the performance of any such act by LESSOR, shall be deemed Additional Rent hereunder and, except as otherwise in this lease expressly provided, shall be payable to LESSOR on demand or at the option of the LESSOR may be added to any rent then due or thereafter becoming due under this lease, and LESSEE covenants to pay any such sum or sums with interest as aforesaid and LESSOR shall have (in addition to any other right or remedies of LESSOR), the same rights and remedies in the event of the non-payment thereof by LESSEE as in the case of default by LESSEE in the payment of rent.

Appears in 1 contract

Sources: Ground Lease