Surrender of Premises and Holding Over Clause Samples

Surrender of Premises and Holding Over. The Tenant shall surrender possession of the Premises on the last day of the Term and the Tenant waives the right to any notice of termination or notice to quit. The Tenant covenants that upon the expiration or sooner termination of this Lease, it shall, without notice, deliver up and surrender possession of the Premises in the same condition in which the Tenant has agreed to keep the same during the continuance of this Lease and in accordance with the terms hereof, normal wear and tear and damage by fire or other casualty excepted, first removing therefrom all goods and effects of the Tenant and any leasehold improvements Landlord specified for removal pursuant to Section 4.2, and repairing all damage caused by such removal. Upon the expiration of this Lease or if the Premises should be abandoned by the Tenant, or this Lease should terminate for any cause, and at the time of such expiration, abandonment or termination, the Tenant or Tenant’s agents, subtenants or any other person should leave any property of any kind or character on or in the Premises, the fact of such leaving of property on or in the Premises shall be conclusive evidence of intent by the Tenant, and individuals and entities deriving their rights through the Tenant, to abandon such property so left in or upon the Premises, and such leaving shall constitute abandonment of the property. Landlord shall have the right and authority without notice to the Tenant or anyone else, to remove and destroy, or to sell or authorize disposal of such property, or any part thereof, without being in any way liable to the Tenant therefor and the proceeds thereof shall belong to the Landlord as compensation for the removal and disposition of such property. If the Tenant fails to surrender possession of the Premises upon the expiration or sooner termination of this Lease, the Tenant shall pay to Landlord, as rent for any period after the expiration or sooner termination of this Lease an amount equal to one hundred fifty percent (150%) of the Annual Fixed Rent and the Additional Rent required to be paid under this Lease as applied to any period in which the Tenant shall remain in possession. Acceptance by the Landlord of such payments shall not constitute a consent to a holdover hereunder or result in a renewal or extension of the Tenant’s rights of occupancy. Such payments shall be in addition to and shall not affect or limit the Landlord’s right of re-entry, Landlord’s right to collect such damages as may be...

Surrender of Premises and Holding Over. Except as provided hereinafter, upon the expiration or earlier termination of this Sublease, Sublessee shall quit and surrender the Premises to Sublessor, in good condition and repair (reasonable wear and tear excepted). If the Premises are not surrendered at the end of the Term, Sublessee shall indemnify Sublessor against any loss or liability resulting from delay by Sublessee in so surrendering the Premises, including without limitation, any claims made by any succeeding Sublessee based on such delay. Nothing contained herein shall be construed as Sublessor's permission for Sublessee to hold over or as limiting Sublessor's remedies against a holdover Sublessee. All keys shall be returned to the Sublessor upon surrender of the Premises or expiration of the Term, and failure of Sublessee to return all keys shall obligate Sublessee to pay all necessary cost in re-keying the locks pertaining to the Premises. Title to any property remaining on the Premises following vacating thereof by Sublessee shall, at Sublessor's option exercisable upon written notice at any time thereafter to Sublessee, transfer to and vest in Sublessor or its designee.

Surrender of Premises and Holding Over. On the Expiration Date, (i) Tenant shall surrender to Landlord the Premises and all Alterations in Good Condition except for Alterations that Tenant is obligated to remove as expressly set forth in Paragraph 37, above, entitled "Alterations", (ii) Tenant shall remove all of Tenant's Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant's Personal Property, and (iii) Tenant shall surrender to Landlord all keys, entry devices, and security codes relating to the Premises (including, without limitation, any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Premises on the Expiration Date as required by this Lease by giving written notice to Tenant. Any such Alterations or Tenant's Personal Property that Landlord elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Alterations or Tenant's Personal Property. Tenant shall be liable to Landlord for Landlord's costs for storing, removing, or disposing of any such Alterations or Tenant's

Surrender of Premises and Holding Over. On the Expiration Date, (i) Tenant shall surrender to Landlord the Premises and all Alterations (except for Alterations that Tenant is obligated to remove as expressly set forth above), including the Tenant's Building, in a first class and clean condition, (ii) Tenant shall remove all of Tenant's Personal Property and perform all repairs and restoration required by the removal of any Alterations or Tenant's Personal Property, and (iii) Tenant shall surrender to Landlord all keys to the Premises (including, without limitation, keys to exterior and interior doors). Landlord may elect to retain or dispose of in any manner any of Tenant's Personal Property that Tenant

Surrender of Premises and Holding Over. Upon expiration or other termination of this Lease, Tenant shall immediately surrender possession of the Premises to Landlord in substantially the same condition existing as on the Commencement Date, reasonable wear and tear, damage by fire or other insured casualty excepted (provided that all insurance proceeds are assigned to Landlord), shall surrender to Landlord all keys for the Premises and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to one and one half (1

Surrender of Premises and Holding Over. 17.1 Except as provided hereinafter, upon the expiration or earlier termination of this Lease, Lessee shall quit and surrender the Premises, "broom-clean," in good condition and repair (reasonable wear and tear excepted). If the Premises are not surrendered at the end of the Lease term, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant based on such delay. 17.2 If Lessee or any successor in interest of Lessee, should remain in possession of the Premises after the expiration of the Lease term without executing a new lease, then such holding over shall be construed as a tenancy from month to month, subject to all the covenants, terms, provisions and obligations of this Lease except Minimum Monthly Rent, which shall be subject to an automatic increase of twenty-five percent (25%), over and above the amount paid in the last full calendar month of the Lease term. Nothing contained herein shall be construed as Lessor's permission for Lessee to hold over.

Surrender of Premises and Holding Over. On the Expiration Date or earlier termination of this Lease, Tenant shall (i) execute a Quitclaim Deed substantially in the form of the attached Exhibit G and termination of the Memorandum in favor of Landlord with respect to the Project in form and substance reasonably acceptable to Landlord and record them in the real property records of the County of San Diego, California; (ii) surrender to Landlord the Premises in good and clean condition along with all keys to the Premises (including any keys to any exterior or interior doors), normal wear and tear excepted (and subject to any repair or restoration obligations of Landlord under Section 8.2 or Articles 18 and 19); (iii) remove all of Tenant’s Personal Property (other than its cabling) and perform all repairs and restoration required by the removal of any Alterations or Tenant’s Personal Property; (iv) remove all Industry Improvements (as defined in the attached Exhibit B) and restore the area that included the Industry Improvements to generic office space consistent with the balance of the Premises and in accordance with plans approved in writing by Landlord (which approval may not unreasonably be withheld or delayed); and (v) take all action, and pay all costs, necessary to provide Landlord with an environmental site assessment in accordance with the ASTM Standards for Phase I Environmental Assessments most recently adopted at the time, subject to follow-up testing if recommended by such assessment, effective as of the Expiration Date, from a reputable, licensed environmental engineering company acceptable to Landlord in form and substance reasonably acceptable to Landlord establishing that the Premises are free of any Hazardous Materials (other than those for which Landlord is responsible for remediating under Article 25 below) or otherwise recommending that no further action be taken with respect o the Premises as to Hazardous Materials, and all materials and permits have been properly decommissioned. Tenant is considered to remain in possession of the Premises until each of the foregoing is satisfied, during which period all Tenant obligations under this Lease remain in effect, including payment of rent at the holdover rate(s) described below, if applicable. Landlord may elect to retain or dispose of in any manner any Alterations or Tenant’s Personal Property that Tenant does not remove from the Premises on the Expiration Date or earlier termination of this Lease as required by this Lease by giving...

Surrender of Premises and Holding Over. Upon expiration or other termination of this Lease, Tenant shall immediately surrender possession of the Premises to Landlord in substantially the same condition existing on the Commencement Date, reasonable wear and tear, damage by fire or other insured casually excepted (provided that all insurance proceeds are assigned to Landlord), shall surrender to Landlord all keys to the Premises and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Should Tenant, or any of its successors in interest, holdover the Premises or any part thereof after the expiration or earlier termination of this Lease WITHOUT Landlord's prior written consent, such consent to be within Landlord's sole and absolute discretion, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to one hundred twenty-five percent (125%) of the Base Rent owed during the final month

Surrender of Premises and Holding Over. Tenant will, at the termination of this lease by lapse of time or otherwise, yield up immediate possession of the Premises to Landlord; provided, however, that upon such tender of possession of the Premises to Landlord by Tenant, the Premises and the systems used therein, including without limitation, the HVAC system, shall be in at least the same condition in which the Premises and such systems were in on the date hereof, normal wear and tear excepted. So long as Tenant is not in default under the terms of the Lease, Tenant shall, at the expiration of the Term, remove all equipment (other than equipment that is part of the mechanical, electrical or plumbing systems servicing the Premises) and other personal property from the Premises, such removals to be made at Tenant's expense and in such manner as to avoid injury or defacement of the building and other improvements, it being acknowledged by the Landlord that such equipment and personal property is the property of Tenant, subject to any lien rights the Landlord may possess. In the event that Tenant is in default at the expiration of the Terms, such equipment and personal property shall be removed by Tenant at the discretion of the Landlord., it being acknowledged by the Landlord that such equipment is the property of Tenant, subject to any statutory landlord liens. Notwithstanding anything contained herein to the contrary, if Tenant holds over, any such holding over shall be deemed to be a tenancy at sufferance and the rent during any such period of time shall be three (3) times the rent in effect on the termination date, computed on a daily basis for each day of the hold over period. The preceding provisions of this paragraph 14 shall not be construed as Landlord's consent for Tenant to hold over.