Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. At the expiration or sooner termination of the Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 3 contracts

Sources: Concession Lease, Concession Lease, Concession Lease

Surrender of Premises. At the expiration or sooner termination of the Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive Upon the expiration or termination of the Term of this Lease. Tenant , Lessee shall indemnify Landlord for all damages peaceably and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice quietly leave and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver surrender the Premises on a timely basisin as good condition as they are upon execution hereof, ordinary wear and tear and damage by fire or other casualty excepted. Tenant Lessee shall surrender all keys to and deliver the Premises or Building to Landlordbroom clean and free of Lessee’s Property. If upon expiration or ten (10) days after termination of this Lease Tenant has Provided Lessee is not removed its personal property in default beyond any applicable period for notice and moveable trade fixtures and appliances and equipmentcure, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell remove all of Lessee’s Property, and Lessee shall repair any damage to the Premises caused by such stored propertyremoval. Further, without notice in the event Lessee does not remove any of Lessee’s Property, or any additions or alterations made to Tenant, after it has been stored for a period the Premises during the Term of thirty (30) days or more, the proceeds of such sale this Lease that Lessor indicated would need to be applied firstremoved at the time it approved the plans therefor, then Lessor may, at its option, either (a) require Lessee to remove any such Lessee’s Property or alterations or additions and restore the Premises to the cost condition as existed at the commencement of sale; secondthe Lease, ordinary wear and tear and damage by fire or other casualty excepted, or (b) retain the same. If, following request for removal of Lessee’s Property, Lessee fails to do so, then the costs incurred by Lessor to remove such property and repair the Premises shall be recoverable by Lessor as Additional Rent due under this Lease. Lessee shall not be otherwise required to remove any improvements, alterations or additions, or to restore the Premises to the payment condition they were in prior to installation of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantsame.

Appears in 3 contracts

Sources: Real Property Lease (Scotts Liquid Gold Inc), Purchase and Sale Agreement (Scotts Liquid Gold Inc), Real Property Lease (Scotts Liquid Gold Inc)

Surrender of Premises. At the expiration or sooner termination of the Lease Term, Tenant shall return will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in the same good order, condition in which received and repair (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such returntear, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premisespermitted Alterations, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heatingby casualty or condemnation excepted), ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall will surrender all keys to the Premises to Landlord at the place then fixed for Tenant’s payment of Basic Rent or Building as Landlord otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord required as a condition of its consent, all specified Alterations carried out by Tenant in the Premises. Tenant will promptly repair any damage to the Premises caused by such removal. If Tenant does not surrender the Premises in accordance with this section, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless Landlord from and against any Claim resulting from Tenant’s delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. If Tenant fails to remove all of Tenant’s property from the Premises upon expiration or ten (10) days after termination of this Lease, then Tenant shall be deemed to have appointed Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon termination of this Lease Tenant has not removed and to cause its personal property transportation and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇storage for Tenant’s personal property and hold it for the Tenant, or place the same in storagebenefit, all at the expense sole cost and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored and Landlord will not be liable for a period of thirty (30) days damage, theft, misappropriation or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of loss thereof or in any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantmanner in respect thereto.

Appears in 3 contracts

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

Surrender of Premises. At Upon the expiration termination, whether by lapse of time or sooner otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease TermLease, Tenant shall return will at once surrender possession and vacate the Premises Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in the same good condition in which received (orand repair, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable ordinary wear and tear excepted. Prior ; conditions existing because of Tenant’s failure to such returnperform maintenance, repairs or replacements as required of Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph Lease shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages not be deemed “reasonable wear and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Building Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. If upon expiration In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after termination written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove as by a b▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 3 contracts

Sources: Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc)

Surrender of Premises. At Upon the expiration Expiration Date or sooner earlier termination of the Lease Termthis Lease, Tenant shall return quietly and peacefully surrender the Premises to Landlord in the same condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults and security systems in which received (the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant, at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to the Project caused by such removal. In addition, Tenant, at its cost and expense, shall remove all Lines installed by or for Tenant that are located within the Premises or, if alteredin the case of Lines exclusively serving the Premises, then anywhere in the Premises shall be returned Project, including, without limitation, the Building plenum, risers and all conduits, and repair all damage to the Project caused by such removal as follows: (i) in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such returnthe case of the expiration of the Term, Tenant shall remove its personal property such Lines and moveable trade fixtures and appliances and equipment that have not been attached to repair such damage on or before the PremisesExpiration Date, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the notifies Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of least thirty (30) days or moreprior to the Expiration Date, that such Lines shall be surrendered with the proceeds Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such sale Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be applied firstremoved pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to the cost be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of sale; seconduse thereof, to the payment store such property in Tenant’s name at Tenant’s expense and/or dispose of the charges for storage; and third, to the payment of same in any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantmanner permitted by law.

Appears in 3 contracts

Sources: Agreement to Enter Into Lease and Purchase Option (PACIFIC GAS & ELECTRIC Co), Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)

Surrender of Premises. At the Tenant shall, upon expiration or sooner termination of the Lease Termthis Lease, Tenant shall return surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof, including, but not limited to, all interior walls cleaned, all interior painted surfaces repainted in which received (orthe original color, if alteredall holes in walls repaired, then all carpets shampooed and cleaned, and all floors cleaned, waxed, and free of any Tenant-introduced marking or painting, all to the Premises reasonable satisfaction of Landlord and in compliance with the provisions of Paragraphs 11, 12, and 13. Tenant shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedremove all of its debris from the Project. Prior to such returnAt or before the time of surrender, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached comply with the terms of Paragraph 12 with respect to the removal of Alterations to the Premises, Paragraph 13 with respect to the removal of Tenant’s Signs, Paragraph 43.4 with respect to the Cafeteria Restoration Work and Section 10 of the Tenant Improvement Agreement with respect to the removal of Tenant Improvements. To the extent any such provisions of the Lease or the Tenant Improvement Agreement require Tenant to remove Alterations, Tenant’s Signs or Tenant Improvements or perform Cafeteria Restoration Work, Tenant, at Tenant’s expense, shall remove such items and perform such repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive restoration work prior to the expiration or upon the earlier termination of this Lease. At Tenant’s option, Tenant shall indemnify may elect to have Landlord for all damages perform such work provided that Landlord and losses suffered as a result Tenant agree upon the costs to perform such removal, repair and restoration work and Tenant pays to Landlord the amount of ▇▇▇▇▇▇'s failure such costs prior to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the expiration or earlier termination of the Lease. If the Premises on a timely basisare not so surrendered (or the costs of the removal, repair and restoration work so paid, if applicable) at the expiration or sooner termination of this Lease, the provisions of Paragraph 26 shall apply. Tenant shall surrender all All keys to the Premises or Building any part thereof shall be surrendered to Landlord. If Landlord upon expiration or ten (10) days after sooner termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the TenantTerm. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without give written notice to Tenant, after it has been stored for a period of Landlord at least thirty (30) days or more, prior to vacating the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Premises and shall meet with Landlord for a joint inspection of the charges Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant’s failure to give such notice or participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for storage; purposes of determining Tenant’s responsibility for repairs and thirdrestoration. Any delay caused by Tenant’s failure to carry out its obligations under this Paragraph 36 beyond the term hereof, to the payment shall constitute unlawful and illegal possession of Premises under Paragraph 26 hereof. Any personal property of any other amounts which kind remaining in the Premises after the expiration or sooner termination of this Lease shall become the personal property of Landlord. Tenant hereby relinquishes all right, title and interest in the personal property and agrees that Landlord may then be due dispose of the personal property as it sees fit in its sole discretion. Tenant waives the provisions of California Civil Code Sections 1980 et seq. and 1993 et seq. governing the disposal of lost or abandoned property, and releases Landlord and Landlord Parties from Tenant any and all Losses, whether now known or unknown, arising out of or relating to Landlord; disposal of personal property remaining in the balance, if any, shall be paid to Premises after the Tenantexpiration or sooner termination of this Lease.

Appears in 3 contracts

Sources: Lease (SVMK Inc.), Lease (SVMK Inc.), Sublease (Zuora Inc)

Surrender of Premises. At the expiration or sooner termination of the this Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such returnor Tenant’s right of possession, Tenant shall remove its personal property Tenant’s Property and moveable trade fixtures any and appliances and equipment that have not been attached to all Required Removables from the Premises, and shall quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair any damage resulting from their removalhereunder excepted. In no event shall If Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure fails to remove voice and data cablesany of Tenant’s Property or Required Removables, wiring and communication lines and moveable trade fixtures and appliances and or to redeliver restore the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after required condition as of the date of termination of this Lease Tenant has or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not removed its personal property obligated) to remove and/or store Tenant’s Property and moveable trade fixtures and appliances and equipmentRequired Removables, as the case may be, and/or perform such restoration of the Premises. Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it shall not be responsible for the value, preservation or safekeeping of Tenant, or place the same in storage, all at the expense and risk of the Tenant’s Property. Tenant shall reimburse pay Landlord for any expense incurred by Landlord in connection with such removal the expenses and storage charges incurred. If Tenant fails to remove Tenant’s Property from the Premises or storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of within thirty (30) days after notice, Landlord may deem all or more, the proceeds any part of such sale Tenant’s Property to be applied firstabandoned and, at Landlord’s option, title to the cost Tenant’s Property shall vest in Landlord or Landlord may dispose of sale; second, to the payment of the charges for storage; and third, to the payment of Tenant’s Property in any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantmanner Landlord deems appropriate.

Appears in 3 contracts

Sources: Office Lease Agreement (Thimble Point Acquisition Corp.), Office Lease Agreement, Office Lease Agreement (Jaguar Health, Inc.)

Surrender of Premises. At the expiration or sooner termination of the Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. , Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver immediately vacate the Premises in as good condition as they were in on a timely basis. the Commencement Date, or in such better condition as they may thereafter have been put, ordinary wear and tear and casualty losses to the extent covered by insurance excepted, and, if Lessor so elects, Tenant shall surrender all keys remove Tenant’s signage and those Alterations to the Premises made by or Building on behalf of Tenant which Lessor has specified or identified in writing to Landlord. If Tenant at the time of Lessor’s approval of such Alteration as Alterations that must be removed by Tenant at its expense upon the expiration or ten (10) days after termination of this Lease; otherwise such Alterations shall be delivered up to the Lessor with the Premises. All movable office furnishings and trade fixtures installed by Tenant may be removed by Tenant at the expiration or termination of this Lease if Tenant has so elects, and shall be removed if required by Lessor. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not removed to damage the primary structure or structural qualities of the Premises. Personal property remaining in the Premises at the expiration or termination of this Lease shall be deemed abandoned by Tenant and may be retained or disposed of by Lessor in any manner Lessor shall deem fit in its personal property discretion, without prejudice to Lessor’s rights against Tenant for failure to remove such property, and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it Lessor shall not be required to pay or account to Tenant for the Tenant, value or place the same in storage, all at the expense and risk proceeds derived from any sale or other disposition of the Tenantsuch abandoned property. Tenant shall reimburse Landlord Lessor for any expense all costs of removal incurred by Landlord in connection with such removal Lessor and storage. Landlord Tenant shall have the right indemnify, defend and hold Lessor harmless from any cost or liability due to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment disposition of any property in the Premises in which a person other amounts which may then be due from than Tenant to Landlord; the balance, if any, shall be paid to the Tenanthas an interest.

Appears in 3 contracts

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

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. Lease or of Tenant’s right to possession of the Premises, Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building to by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord. If upon expiration or ’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of this the Lease Tenant has not removed its or Tenant’s right to possession of the Premises) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property and moveable trade fixtures and appliances and property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord maymay request but in no event any of the initial Tenant’s Work constructed pursuant to Exhibit C hereof. Tenant shall repair all damage caused by such removal. All items not so removed shall, but need notat Landlord’s option, remove be deemed to have been abandoned by Tenant to Landlord (as if conveyed by a ▇▇▇▇▇▇’s personal property ▇ of sale) and hold it for the Tenantmay be appropriated, sold, stored, destroyed, or place the same in storage, all at the expense and risk otherwise disposed of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, at Tenant’s cost without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord’s rights in respect of the charges for storage; and third, to security interest granted under Section 20. The provisions of this Section 21 shall survive the payment expiration or earlier termination of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantLease.

Appears in 2 contracts

Sources: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Surrender of Premises. At Upon the expiration or termination of the Term for whatever cause, or upon the exercise by Landlord of its right to re-enter the Premises without terminating this Lease, Tenant shall immediately, quietly and peaceably surrender to Landlord possession of the Premises in "broom clean" and good order, condition and repair, except only for ordinary wear and tear, damage by casualty not covered by Section 15.02 and repairs to be made by Landlord pursuant to Section 15.01. If Tenant is in default under this Lease, Landlord shall have a lien on such personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code ▇▇▇. (or any replacement provision). Landlord may require Tenant to remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and to restore the Premises to their condition on the date of this Lease. All personal property, trade fixtures and other property of Tenant not removed from the Premises on the abandonment of the Premises or on the expiration of the Term or sooner termination of the this Lease Termfor any cause shall, at Landlord’s option, conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall return the Premises pay to Landlord all expenses incurred in connection with the same condition disposition of such property in which excess of any amount received (or, if altered, then the Premises shall be returned in by Landlord from such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepteddisposition. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting be released from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination Lease in connection with surrender of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to until Landlord has inspected the Premises or Building and delivered to LandlordTenant a written release. If upon expiration or ten (10) days after termination Tenant fails to surrender possession of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipmentthe Premises in the condition herein required, Landlord may, but need notat Tenant's expense, remove ▇▇▇▇▇▇’s personal property and hold it for restore the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with Premises to such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantcondition.

Appears in 2 contracts

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

Surrender of Premises. (a) At the expiration or sooner termination least thirty (30) days prior to Tenant’s surrender of possession of any part of the Lease TermPremises, Tenant shall return provide Landlord with a facility decommissioning and Hazardous Materials closure plan for the Premises (“Exit Survey”) prepared by an independent third party state-certified professional with appropriate expertise, which Exit Survey must be reasonably acceptable to Landlord in Landlord. The Exit Survey shall comply with the same condition in which received American National Standards Institute’s Laboratory Decommissioning guidelines (ANSI/AIHA Z9.11-2008) or any successor standards published by ANSI or any successor organization (or, if alteredANSI and its successors no longer exist, then a similar entity publishing similar standards). In addition, at least ten (10) days prior to Tenant’s surrender of possession of any part of the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such returnPremises, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached (i) provide Landlord with written evidence of all appropriate governmental releases obtained by Tenant in accordance with applicable Laws, including laws pertaining to the surrender of the Premises, (ii) place Laboratory Equipment Decontamination Forms on all decommissioned equipment to assure safe occupancy by future users and shall repair any damage resulting from their removal(iii) conduct a site inspection with Landlord. In no event shall addition, Tenant remove floor coverings; heating, ventilating agrees to remain responsible after the surrender of the Premises for the remediation of any recognized Environmental Conditions set forth in the Exit Survey for which Tenant is responsible under this Lease and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless comply with any recommendations set forth in the Exit Survey to extent Tenant would otherwise specifically directed by Landlord in writingbe responsible therefor hereunder. Tenant's ’s obligations under this paragraph Section shall survive the expiration or earlier termination of the Lease. (b) In addition to the foregoing requirement, upon the expiration or earlier termination of the Term of this Lease, Tenant shall promptly and peaceably quit and surrender to Landlord the Premises in neat and clean condition and in the order, condition and repair received and thereafter required to be maintained pursuant to this Lease, excepting only ordinary wear and use and damage by fire or other casualty for which, under other provisions of this Lease, Tenant has no responsibility to repair or restore together with all Alterations which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except as otherwise required by Landlord pursuant to Section 5.2(e) above or as set forth in Section 5.2(g) above), and all attached equipment, decorations, fixtures, laboratory casework and related appliances, trade fixtures, and additions and improvements attached to or built into the Premises made by either of the parties (including all floor and wall coverings; paneling; sinks and related plumbing fixtures; laboratory benches; exterior venting fume hoods; walk-in freezers and refrigerators; ductwork; conduits; electrical panels and circuits; attached business and trade fixtures; attached machinery and equipment; and built-in furniture and cabinets, in each case, together with all additions and accessories thereto) other than Tenant’s Removable Property. Tenant shall indemnify Landlord for remove all damages of Tenant’s Removable Property, all signs installed by or on behalf of Tenant in or on the Premises and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice the Building, all lines and data cables, other wiring and communication lines cabling installed by Tenant prior to or during the Term. For the avoidance of doubt, the items listed on Exhibit G attached hereto (which Exhibit G may be updated by Tenant from and moveable trade fixtures after the Term Commencement Date, subject to Landlord’s written consent provided that such consent shall not be unreasonably withheld, conditioned or delayed with respect to items purchased and appliances and to redeliver brought onto the Premises on a timely basis. by Tenant after the Term Commencement Date) constitute Tenant’s Removable Property and shall be removed by Tenant upon the expiration or earlier termination of the Lease. (c) Tenant shall surrender all keys repair any damage to the Premises or the Building to Landlordcaused by such removal. If upon Any Tenant’s Removable Property which shall remain in the Building or on the Premises after the expiration or ten (10) days after termination of the Term of this Lease Tenant has not removed its personal property shall be deemed conclusively to have been abandoned, and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred either may be retained by Landlord as its property or may be disposed of in connection with such removal manner as Landlord may see fit, at Tenant’s sole cost and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantexpense.

Appears in 2 contracts

Sources: Lease Agreement (Arcellx, Inc.), Lease Agreement (Arcellx, Inc.)

Surrender of Premises. At the expiration or sooner termination of the Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive Upon the expiration or termination of this Lease. Lease or termination of Tenant’s right of possession of the Premises, Tenant shall indemnify surrender and vacate the Premises immediately and deliver possession thereof to Landlord for in broom clean condition and in reasonably good condition considering the age of the improvements in the Premises, ordinary wear and tear and damage by casualty excepted. Upon any termination which occurs other than by reason of Tenant’s default, Tenant shall remove from the Premises all damages unattached and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable movable trade fixtures and appliances and to redeliver personal property of Tenant that were paid for by Tenant without credit or compensation from Landlord, provided Tenant immediately shall repair all damage resulting from such removal. In the event possession of the Premises on a timely basis. is not immediately delivered to Landlord or if Tenant shall surrender all keys fail to the Premises remove any unattached and movable trade fixtures or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable which Tenant is obligated to remove, Landlord may remove same without any liability to Tenant. Any movable trade fixtures and appliances personal property which may be removed from the Premises by Tenant but which are not so removed upon the vacancy of the Premises shall be conclusively presumed to have been abandoned by Tenant and equipmenttitle to such property shall pass to Landlord without any payment or credit, and Landlord may, but need notat its option and at Tenant’s expense, store and/or dispose of such property. Without limiting the foregoing, Landlord may require that Tenant, at Tenant’s expense, upon expiration of the Term or earlier termination of the Lease, remove ▇▇▇▇▇▇’s personal property and hold it for all cabling installed in the Tenant, Premises by or place the same in storage, all at the expense and risk request of the Tenant. If Tenant fails to promptly remove such cabling, Landlord may remove it, and Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; secondsuch work on demand, such obligation to the payment survive expiration or termination of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantthis Lease.

Appears in 2 contracts

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

Surrender of Premises. At On the expiration Sublease Expiration Date, whether the Sublease Expiration Date occurs by expiration, lapse of time or otherwise, or the sooner termination of this Sublease, Sublessee, at Sublessee’s sole cost and expense, shall quit and surrender the Lease Term, Tenant shall return the Premises Sublet Space to Landlord Sublessor in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior ) in which Sublessor has delivered the Sublet Space to such returnSublessee, Tenant shall remove including, without limitation, the removal of all of Sublessee’s Changes and the restoration of the Sublet Space to its personal property existing condition and moveable trade fixtures finishes on the Sublease Commencement Date, provided that Sublessor may request Sublessee to surrender the Sublet Space in its then existing condition Sublessee hereby consents and appliances and equipment agrees that have not been attached to if Sublessee should “hold over” after the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment termination or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this LeaseSublease, Sublessee shall pay to Sublessor for use and occupancy of the Sublet Space for each month or part thereof during which Sublessee shall hold over, a sum equal to two (2) times the Basic Rent and any additional rent payable hereunder during the last full month of the Term. Tenant shall indemnify Landlord for all Sublessee hereby indemnifies and holds Sublessor harmless from and against any costs, expenses (including, without limitation, attorneys’ fees), damages and losses suffered as a result or liabilities (including, without limitation, any liability of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building Sublessor to Landlord. If upon expiration or ten (10) days after termination arising from the failure of Sublessee to surrender the Sublet Space in accordance with the terms of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for Sublease upon the Tenant, termination or place the same in storage, all at the expense and risk expiration of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantthis Sublease.

Appears in 2 contracts

Sources: Sublease Agreement (Drone USA Inc.), Manufacturing Agreement (Drone USA Inc.)

Surrender of Premises. At the expiration of the Term of this Lease or sooner earlier termination of the Lease Termthis Lease, Tenant shall return surrender the Premises together with all alterations placed thereon by Tenant (except Alterations Tenant elects to remove or Alterations Landlord, in the exercise of reasonable discretion, informed Tenant, in connection with Landlord=s approval of the installation thereof, that Landlord would require Tenant to remove upon the expiration of the Lease) in the same condition as the same were in which received (or, if altered, then upon delivery of possession thereto at the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)Commencement Date of the term of this Lease, reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it at the place then fixed for the Tenantpayment of Basic Rent and shall inform Landlord of all combinations on locks, or place the same in storagesafes and vaults, all at the expense and risk of the Tenantif any. Tenant shall reimburse at such time remove all of its property therefrom and all alterations and improvements placed thereon by Tenant unless Landlord for requires Tenant to leave the same. Tenant shall repair any expense incurred damage to the Premises caused by Landlord in connection with such removal removal, and storage. Landlord shall have the right to sell any and all such stored propertyproperty not so removed shall, without at Landlord's option, after five (5) business days notice to Tenant, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. If the Premises be not surrendered as above set forth, Tenant shall indemnify, protect, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any claim made by any succeeding occupant founded on such delay. All property of Tenant not removed within thirty (30) days after it has been stored for a period the last day of the Term of this Lease shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove, at Tenant's cost, all property of Tenant from the Premises left thirty (30) days or morelonger after termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the proceeds sole cost and risk of such sale to Tenant and Landlord shall not be applied firstliable for damage, to the cost of sale; secondtheft, to the payment of the charges for storage; misappropriation or loss thereof and third, to the payment of Landlord shall not be liable in any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantmanner in respect thereto.

Appears in 2 contracts

Sources: Lease Agreement (Petco Animal Supplies Inc), Ground Lease Agreement (Petco Animal Supplies Inc)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. Lease or Tenant’s right to possess the Premises for any reason, Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. the Premises by Tenant or any Tenant Party during the Term, broom-clean, reasonable wear and tear (and condemnation and casualty damage not caused by Tenant, as to which Sections 13 and 14 shall surrender control) excepted, in accordance with the removal obligations, if any, described in Section 10.2 and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all of Tenant’s Property placed in the Premises or Building elsewhere in the Project by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal). Tenant shall, at Tenant’s sole cost and expense, repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to Landlord. If upon expiration or ten have been abandoned by Tenant and may be appropriated, sold, stored (10) days after termination of this Lease Tenant has not removed its personal property at Tenant’s sole cost and moveable trade fixtures and appliances and equipmentexpense), Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenantdestroyed, or place the same in storage, all at the expense and risk otherwise disposed of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for a period such items. The provisions of thirty (30) days this Section 21.2 shall survive the expiration or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment earlier termination of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 2 contracts

Sources: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)

Surrender of Premises. At the On expiration or sooner termination of the Lease Termterm, as the case may be, Tenant shall return surrender to Landlord the Premises in the same condition as existed at the commencement of this Lease (except for ordinary wear and tear, condemnation and casualty), and will have the right to remove only unattached equipment, furniture, merchandise, and trade fixtures that Tenant installed in the premises (except, trade fixtures shall not include lighting fixtures and floor covering); however, Landlord may not require Tenant to remove and/or restore the Premises to their original condition for tenant improvements that Landlord had previously approved and exempted from the restoration requirement. Except, Landlord shall have the election exercisable by giving Tenant written notice no later than three (3) months prior to the end of the term to require Tenant to restore all or any part of the Premises to the same condition as originally received by Tenant (except for ordinary wear and tear, condemnation and casualty), in which event Tenant shall do so on or before expiration or termination of the term. Tenant shall perform all restoration made necessary by the removal of any item as allowed or required by this Section If Tenant fails to surrender the Premises to Landlord in on the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such returndate as required herein, Tenant shall remove its personal property indemnify and moveable trade fixtures and appliances and equipment that have not been attached hold Landlord harmless from all damages resulting from Tenant’s failure to surrender the Premises, and shall repair any damage including, without limitation, claims made by a succeeding Tenant resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s ’s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver surrender the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantPremises.

Appears in 2 contracts

Sources: Sublease Agreement (Mobile Iron, Inc.), Sublease Agreement (Mobile Iron, Inc.)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building to by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord. If upon expiration or ten (10) days after termination of this Lease ’s option, Tenant has not removed its shall remove such alterations, additions, improvements, trade fixtures, personal property and moveable trade fixtures and appliances and property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off-Premises Equipment) as Landlord maymay request; however, but Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenantnot be removed. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord’s rights in respect of the charges for storage; and third, to security interest granted under Section 20. The provisions of this Section 21 shall survive the payment end of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Energytec Inc)

Surrender of Premises. At the Tenant shall, upon expiration or sooner termination of the Lease Termthis Lease, Tenant shall return surrender the Premises to Landlord in the same condition in which received as existed on the date Tenant originally took possession thereof (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear tear, casualty damage and acts of God excepted), including, but not limited to, all holes in walls repaired, all HVAC equipment in operating order and in good repair, and all floors cleaned, waxed, and free of any Tenant-introduced marking or painting, all to the reasonable satisfaction of Landlord. Prior to such returnTenant shall remove all of its debris from the Project. At or before the time of surrender, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached comply with the terms of Paragraph 12.A. hereof with respect to Alterations to the Premises, Premises and shall repair any damage resulting from their removalall other matters addressed in such Paragraph. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive If the Premises are not so surrendered at the expiration or sooner termination of this Lease, the provisions of Paragraph 25 hereof shall apply. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all All keys to the Premises or Building any part thereof shall be surrendered to Landlord. If Landlord upon expiration or ten (10) days after sooner termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the TenantTerm. Tenant shall reimburse meet with Landlord for any expense incurred a joint inspection of the Premises fifteen (15) days prior to vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant's failure to give such notice or participate in connection with such removal joint inspection, Landlord's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant's responsibility for repairs and storagerestoration. Landlord shall have Any delay caused by Tenant's failure to carry out its obligations under this Paragraph 36 beyond the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if anyterm hereof, shall be paid to the Tenantconstitute unlawful and illegal possession of Premises under Paragraph 25 hereof.

Appears in 2 contracts

Sources: Consent to Sublease Agreement (Intuit Inc), Sublease Agreement (Mp3 Com Inc)

Surrender of Premises. At the expiration or sooner termination of the Lease Term, Tenant shall return will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in the same good order, condition in which received and repair (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such returntear, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premisespermitted Alterations, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heatingby casualty or condemnation excepted), ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall will surrender all keys to the Premises to Landlord at the place then fixed for Tenant's payment of Basic Rent or Building as Landlord otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord required as a condition of its consent, all specified Alterations carried out by Tenant in the Premises. Tenant will promptly repair any damage to the Premises caused by such removal. If Tenant does not surrender the Premises in accordance with this section, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless Landlord from and against any Claim resulting from Tenant's delay in so surrendering the Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. If Tenant fails to remove all of Tenant's property from the Premises upon expiration or ten (10) days after termination of this Lease, then Tenant shall be deemed to have appointed Landlord as Tenant's agent to remove, at Tenant's sole cost and expense, all of Tenant's property from the Premises upon termination of this Lease Tenant has not removed and to cause its personal property transportation and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it storage for the Tenant, or place the same in storage's benefit, all at the expense sole cost and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored and Landlord will not be liable for a period of thirty (30) days damage, theft, misappropriation or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of loss thereof or in any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantmanner in respect thereto.

Appears in 2 contracts

Sources: Lease Agreement (Aspirity Holdings LLC), Consent of Landlord to Sublease (Aspirity Holdings LLC)

Surrender of Premises. At Tenant shall at Tenant's sole expense and no later than the expiration or sooner earlier termination of this Sublease and subject to all of the terms of this Sublease and the ▇▇▇▇▇▇▇▇▇, vacate and surrender the Premises to Landlord in the condition that Landlord is required to surrender the Premises to Overlandlord pursuant to Section 14.01, 14.02, 14.03, 14.04 and 14.05(a), (b) and (g), and Section 24.01 of the ▇▇▇▇▇▇▇▇▇ upon the expiration or earlier termination of the Lease Term▇▇▇▇▇▇▇▇▇. As part of Tenant's obligations under this Section, Tenant shall (a) remove from the Premises all Furniture and Equipment, unless title to same has been retained by Landlord pursuant to Section 5.1(b)(iii) and (b) remove Tenant's Changes including, without limitation, Tenant's Work (as defined in Section 20) if, and to the extent, required by this Sublease. In addition, Tenant shall repair any damage to the Premises caused by Tenant's removal of the Furniture and Equipment or Tenant's Changes. In no event shall Tenant be required to perform any Restoration Work required to be performed under the ▇▇▇▇▇▇▇▇▇ by Landlord as tenant under the ▇▇▇▇▇▇▇▇▇ as of the Sublease Commencement Date (as if such were the Expiration Date under the ▇▇▇▇▇▇▇▇▇) or to remove any improvements existing in the Premises as of the Sublease Commencement Date. Notwithstanding any contrary provision in the ▇▇▇▇▇▇▇▇▇ or Sublease (a) Tenant's surrender obligation is limited to the agreement that Tenant shall return the Premises to Landlord in substantially the same condition in which as originally received (orby Tenant, if alteredapproved alterations, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable ordinary wear and tear excepted. Prior and casualty excepted and (b) Tenant shall not have any obligation to remove those Tenant Changes installed by Tenant for which Landlord has failed to indicate that it is requiring such removal at the time Landlord approves such Tenant Changes but as to clause (b), only if at the time Tenant requests Landlord's consent to such returnproposed Tenant Changes, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached indicates in a notice to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive bold upper case letters on the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cablesfirst page: "SUBTENANT IS REQUESTING A DETERMINATION AS TO WHETHER SUBLANDLORD WILL BE REQUIRING THE REMOVAL OF CERTAIN SUBTENANT ALTERATIONS AT THE END OF THE SUBLEASE TERM, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipmentAND IF SUBLANDLORD FAILS TO INDICATE THAT SUCH REMOVAL IS REQUIRED, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTHEN IT SHALL BE DEEMED THAT SUBLANDLORD HAS IRREVOCABLY ELECTED THAT SUCH REMOVAL SHALL NOT BE REQUIRED."

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement (Stifel Financial Corp)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building to by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord. If upon expiration or ten (10) days after termination of this Lease 's option, Tenant has not removed its shall remove such alterations, additions, improvements, trade fixtures, personal property and moveable trade fixtures and appliances and property, equipment, wiring, cabling, and furniture as Landlord maymay request; however, but Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenantnot be removed. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord's rights in respect of the charges for storage; and third, to security interest granted under Section 20. The provisions of this Section 21 shall survive the payment end of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 2 contracts

Sources: Lease Agreement (Brooks Automation Inc), Lease Agreement (Brooks Automation Inc)

Surrender of Premises. At Tenant shall, upon expiration or earlier termination of this Lease, promptly surrender the Premises (including all Alterations, additions and improvements which Landlord has not designated in writing that for removal from the Premises pursuant to Section 10.3(f)) in ordinary operating condition and in conformity with the applicable provisions of this Lease, excepting only reasonable wear and tear, damage by fire or other casualty, takings, and any items that Landlord is obligated to maintain, repair or replace. Upon the expiration or sooner earlier termination of this Lease, and ninety (90) days prior to Tenant vacating the Lease TermPremises, Landlord and Tenant shall return jointly inspect the Premises and Tenant shall either complete any required repairs or pay to Landlord the amount reasonably estimated by Landlord as necessary to put the Premises in the same condition in which received (or, if altered, then required to be surrendered hereunder. Any work required to be done by Tenant prior to its vacating of the Premises which has not been completed upon such vacating of the Premises, shall be returned in such altered condition unless otherwise directed completed by ▇▇▇▇▇▇▇▇), reasonable wear Landlord and tear exceptedbilled to Tenant. Prior to such returnIf Tenant is dispossessed by process of law or otherwise, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to Personal Property from the Premises, and shall repair any damage resulting from their removal. In no event shall If Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure fails to remove voice and data cablesits Personal Property, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If , at its option may, upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without prior written notice to Tenant, after it has been stored treat such failure as a hold over, and/or may (without liability to Tenant for a period of thirty loss thereof), at Tenant’s sole cost and expense and in addition to Landlord’s other rights and remedies under this Lease, at law or in equity: (30a) days remove and store such items; and/or (b) sell such items at private or more, public sale for such price as Landlord at its discretion may obtain. Landlord shall apply the proceeds of any such sale to be applied first, any amounts due to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due Landlord under this Lease from Tenant (including Landlord’s attorneys fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 2 contracts

Sources: Lease Agreement (Spero Therapeutics, Inc.), Lease Agreement (Spero Therapeutics, Inc.)

Surrender of Premises. At the expiration or sooner termination of the Lease Term, Tenant shall return will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in the same good order, condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)and repair, reasonable wear and tear tear, permitted Alterations, Casualty (subject to Master Lessor’s and Landlord's rights with respect to any Landlord Unreleased Casualty Claim) and condemnation excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall will surrender all keys to the Premises to Property Manager or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇’s personal ▇ 16 9/29/04 Office Lease Agreement Landlord at the place then fixed for Tenant's payment of Basic Rent or as Landlord or Property Manager otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Project. Tenant will at such time remove all of its property from the Premises and, if Landlord so requests, all specified Alterations and hold it improvements Tenant placed on the Premises. Tenant will promptly repair any damage to the Premises caused by such removal. Tenant releases and will Indemnify Landlord from and against any Claim resulting from Tenant's failure or delay in surrendering the Premises in accordance with this Section, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant's agent to remove, at Tenant's sole cost and expense, all of Tenant's property from the Premises upon termination of this Lease and to cause its transportation and storage for the Tenant, or place the same in storage's benefit, all at the expense sole cost and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored and Landlord will not be liable for a period of thirty (30) days damage, theft, misappropriation or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of loss thereof or in any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantmanner in respect thereto.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement (ECC Capital CORP)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or sooner earlier termination of the this Lease Termor Tenant’s right of possession, Tenant shall return remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord Landlord, broom clean, and in the same good order, condition in which received (orand repair, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable ordinary wear and tear excepted. Prior to such returnAs used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord located in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If upon expiration or ten Tenant fails to remove any of Tenant’s Removable Property (10other than Special Installations which Landlord has designated to remain in the Premises) within 2 days after the termination of this Lease Tenant has or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not removed its personal property obligated) to remove and moveable trade fixtures and appliances and equipment, store Tenant’s Removable Property. Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it shall not be responsible for the value, preservation or safekeeping of Tenant, or place the same in storage, all at the expense and risk of the Tenant’s Removable Property. Tenant shall reimburse pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for any expense incurred Special Installations designated by Landlord to remain in connection with the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such removal purpose shall be subject to all of the terms and storageconditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. Landlord shall have In the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, event this Lease is terminated prior to the cost of sale; secondExpiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, Premises) shall be paid to removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 2 contracts

Sources: Office Lease (Power Efficiency Corp), Office Lease (CSR PLC)

Surrender of Premises. At Upon the expiration or sooner earlier termination of this Sublease or the Lease Termtermination of Subtenant’s right of possession to the Premises, Tenant Subtenant shall return surrender and vacate the Premises and deliver possession thereof to Landlord Sublandlord peaceably and quietly in the same condition they are in which received (or, if altered, then as of the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)date hereof, reasonable wear and tear and damage from casualty excepted, and Subtenant shall further comply with all of Sublandlord’s duties as “Tenant” under the Prime Lease relating to surrender of the Premises, if any. Prior to If: (a) required by the terms of the Prime Lease or this Sublease; or (b) upon the occurrence of an Event of Default hereunder (and in such returncase, Tenant at Sublandlord’s request), Subtenant shall promptly remove its personal property any alterations, installations, additions, and moveable trade fixtures improvements, and appliances and equipment that have not been attached Subtenant shall repair any damage occasioned by the removal thereof, all to the Premisesextent required by, and in accordance with, Section 9 hereof. If Subtenant shall fail to promptly remove any such alterations, installations, additions, and improvements which Sublandlord or the Prime Landlord shall designate to be removed in accordance with this Section, then such items may be removed by Sublandlord, and Subtenant shall promptly reimburse Sublandlord for any expenses incurred by Sublandlord in connection therewith, including, without limitation, the cost of removal thereof and of repairing any damage caused thereby, plus a fifteen percent (15%) administration fee. Subtenant shall also remove from the Premises all of Subtenant’s goods, effects, movable personal property, business and trade fixtures, and machinery and trade equipment, and shall repair any all damage resulting from their such removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed Any of such items not so removed by Landlord in writing. Tenant's obligations under this paragraph shall survive Subtenant at the expiration or termination of this LeaseSublease shall be conclusively deemed to have been abandoned by Subtenant. Tenant Subtenant shall indemnify Landlord not receive any cost or credit therefor, and Sublandlord may dispose of the same without any liability to Subtenant; provided, however, that Subtenant shall promptly reimburse Sublandlord for all damages any expenses incurred by Sublandlord in connection therewith, including, without limitation, the cost of removal thereof and losses suffered as of repairing any damage caused thereby, plus a result of ▇▇▇▇▇▇'s failure fifteen percent (15%) administration fee. Subtenant shall have no obligation to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys any installations or improvements made to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, prior to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 2 contracts

Sources: Sublease (Mesoblast LTD), Sublease (Mesoblast LTD)

Surrender of Premises. At On expiration of the term of this Lease or any extension thereof or upon any earlier termination of this Lease, Lessee shall surrender to Lessor the Premises and all Lessee's Alterations in good condition (except for ordinary wear and tear) unless Lessor has required Lessee to remove its Alterations. The surrender of the Premises will only be deemed to have occurred when Lessee delivers all keys to the Premises to Lessor, or reimburses Lessor a reasonable amount for any lost or stolen keys. Lessee shall remove all of its personal property, equipment and trade fixtures prior to the expiration of the term of this Lease or any extension thereof or upon the earlier termination of this Lease. Lessee shall perform at its expense all restoration and repairs made necessary by the removal of any Alterations and equipment as required by this Lease and any other agreements between Lessor and Lessee. In the event Lessee fails to remove all of its equipment and personal property following the expiration or sooner earlier termination of this Lease, in addition to any other remedies Lessor may have, Lessor may elect to retain or dispose of said personal property and equipment in any manner Lessor in its sole discretion may decide. Without waiving any other remedy, Lessor shall if it so elects to by written notice to Lessee (and if permitted by Applicable Laws) obtain title to any or all of Lessee’s equipment and personal property and retain or dispose of the Lease Termsame. Lessee waives all claims against Lessor for any damage to Lessee resulting from Lessor’s retention or disposition of any such personal property. Lessee shall also be liable to Lessor for Lessor’s costs for storing, Tenant shall return removing, and disposing of any such personal property. If Lessee fails to surrender the Premises to Landlord in Lessor on the same condition in which received (or, if altered, then expiration of the Premises shall be returned in such altered condition unless otherwise directed term of this Lease or any extension thereof as required by this ▇▇▇▇▇▇▇▇)▇ ▇▇, reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s ▇ shall hold Lessor harmless from all damages resulting from Lessee’s failure to remove voice surrender the Premises, including without limitation, lost rental value and data cables, wiring and communication lines and moveable trade fixtures and appliances and any claims made by a new tenant resulting from Lessee’s failure to redeliver surrender the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantPremises.

Appears in 2 contracts

Sources: Net Commercial Lease, Net Commercial Lease (Audentes Therapeutics, Inc.)

Surrender of Premises. At Upon the expiration expira- tion or sooner earlier termination of the Lease Term, Tenant shall return the Premises deliver up and surrender to Landlord possession of the Premises, including all alterations, additions, improvements and fixtures, other than Tenant's trade fixtures, in the same good order, condition in which received (orand state of repair, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable ordinary wear and tear excepted, and shall deliver all keys to the Premises to the office of Landlord at the Shopping Center or as otherwise directed by Landlord. Prior to such return, Tenant shall have fifteen (15) days after the date the Term of this Lease expires or earlier terminates to remove its personal property and moveable property, trade fixtures and appliances and equipment that have not been attached fixtures; provided, however, that (a) Tenant shall repair all damage to the Premises, and shall repair any damage Premises resulting from their or arising out of such removal, (b) during such period Tenant shall perform and be liable for all obliga-tions and condi-tions imposed on Tenant hereunder except for the payment of Rent, including, without limitation, maintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord The obligations set forth in writing. Tenant's obligations under this paragraph the preceding sentence shall survive the expiration or termination of this Lease. Any property of Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver not removed from the Premises on a timely basiswithin such fifteen (15) day period shall be deemed abandoned. In addition to all other remedies available, Landlord may, but shall not be obligated to, retain or dispose of any or all such property without liability to Tenant. In the event that Landlord elects to dispose of such property, Landlord shall so notify Tenant, and Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or shall, no later than ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need notsuch notice, remove ▇▇▇▇▇▇’s personal all such property from the Premises; provided, however, that if Tenant fails to so remove such property, then Landlord may do so, and hold it for the TenantTenant shall pay to Landlord, or place the same in storageon demand, all at the expense costs and risk of the Tenant. Tenant shall reimburse Landlord for any expense expenses incurred by Landlord in connection with disposing of such removal and storage. Landlord shall have the right to sell such stored property, including, without notice to Tenantlimitation, after it has been stored for a period of thirty (30) days or morereasonable attorneys' fees and disbursements, together with interest thereon, calcu- lated at the proceeds of Interest Rate, from the date Landlord ex-pended such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantamounts.

Appears in 2 contracts

Sources: Store Lease Agreement (Gottschalks Inc), Asset Purchase Agreement (Gottschalks Inc)

Surrender of Premises. At Except in the case of condemnation described in subsection 12(a), at the expiration or sooner termination of the Lease Termterm of this Lease, Tenant shall return surrender the Leased Premises to Landlord in the same condition as the Leased Premises were in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)upon delivery of possession thereto under this Lease, reasonable wear and tear excepted, and shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises. Prior to such return, Tenant shall at such time remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached all Tenant's Property, as well as any alterations or improvements, if requested to the Premises, do so by Landlord and shall repair any damage resulting from their removalto the Leased Premises caused thereby, and any or all of such properly not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. In no event shall Tenant remove floor coverings; heatingagrees that if Tenant does not surrender the Lease Premises to Landlord at the end term of this Lease, ventilating and air conditioning equipment; lighting equipment then Tenant will pay to Landlord, to the extent permitted by law, one hundred fifty percent (150%) of the amount of the rent paid by Tenant for the last full month of the term for each month or fixtures; or floorportion thereof that Tenant holds over, window or wall coverings unless otherwise specifically directed such holdover is expressly permitted in advance by Landlord in writing. Furthermore, at all times, Tenant shall indemnify Landlord, Mortgagee and Superior Lessor against loss or liability resulting from the delay by Tenant in so surrendering the Leased Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligations under obligation to observe or perform this paragraph covenant shall survive the expiration or other termination of the term of this Lease. No receipt of money by Landlord from Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for or the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment service of any other amounts which may then be due from Tenant to Landlord; notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the balanceterm of this Lease or affect any such Notice, if anydemand, shall be paid to the Tenantsuit or judgment.

Appears in 2 contracts

Sources: Lease (Aviation Sales Co), Lease Agreement (Kellstrom Industries Inc)

Surrender of Premises. At Upon the expiration or sooner earlier termination of the Lease TermTerm of this Lease, Tenant shall return peaceably quit and surrender to Landlord the Premises in neat and clean condition and in good order, condition and repair, together with all alterations, additions and improvements which may have been made or installed in, on or to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇prior to or during the Term of this Lease (except as hereinafter provided), reasonable excepting only ordinary wear and tear excepteduse and damage by fire or other casualty for which, under other provisions of this Lease, Tenant has no responsibility to repair or restore. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached all of Tenant’s Removable Property, and, to the Premisesextent specified by Landlord, all alterations and additions made by Tenant; and shall repair any damage resulting from their damages to the Premises or the Building caused by such removal. In no event Notwithstanding anything to the contrary contained herein, Landlord shall not be entitled to require Tenant to remove floor coverings; heatingany wiring or cabling from the Premises at the expiration of the Term unless (i) Tenant exercises its Acceleration Option in accordance with the terms of Article 17 of this Lease, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations (ii) Tenant defaults under this paragraph Lease, and as a result thereof, Landlord terminates the Lease or Tenant’s right to possession of the Premises. Any Tenant’s Removable Property which shall survive remain in the Building or on the Premises after the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination Term of this Lease Tenant has not removed its personal property shall be deemed conclusively to have been abandoned, and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred either may be retained by Landlord as its property or may be disposed of in connection with such removal manner as Landlord may see fit, at Tenant’s sole cost and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantexpense.

Appears in 2 contracts

Sources: Lease (Enova International, Inc.), Lease Agreement (Enova International, Inc.)

Surrender of Premises. Tenant shall, upon expiration or sooner termination of this Lease, surrender the Premises to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted. Tenant shall, at Tenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s furniture, furnishings, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a b▇▇▇ of sale, but Tenant shall remain responsible for the cost of removal and disposal of such Personalty, as well as any damage caused by such removal. At or before the time of surrender, Tenant shall comply with the terms of Section 8 hereof with respect to Alterations to the Premises and all other matters addressed in such Section. If the Premises are not so surrendered at the expiration or sooner termination of the Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease, the provisions of Section 20 hereof shall apply. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all All keys to the Premises or Building any part thereof shall be surrendered to Landlord. If Landlord upon expiration or ten (10) days after sooner termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the TenantTerm. Tenant shall reimburse give written notice to Landlord at least 30 days prior to vacating the Premises and shall meet with Landlord for any expense incurred a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant’s failure to give such notice or participate in connection with such removal joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and storagerestoration. Landlord shall have Any delay caused by Tenant’s failure to carry out its obligations under this Section 31 beyond the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if anyterm hereof, shall be paid to the Tenantconstitute unlawful and illegal possession of Premises under Section 20 hereof.

Appears in 2 contracts

Sources: Office Lease (NovaRay Medical, Inc.), Office Lease (Cepheid)

Surrender of Premises. At LESSEE agrees to surrender to LESSOR, at the expiration or sooner termination end of the Term of this Lease Termand/or upon any cancellation of this Lease, Tenant shall return said Leased Premises in as good condition as said Leased Premises were at the Premises to Landlord in beginning of the same condition in which received (orTerm of this Lease, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable ordinary wear and tear and damage by fire or other casualty not caused by LESSEE'S negligence, excepted. Prior LESSEE agrees that if LESSEE does not surrender said Leased Premises to such returnLESSOR at the end of the Term of this Lease, Tenant then LESSEE will pay to LESSOR two (2) times the monthly rent and two (2) times the monthly pro rata expense assessment paid in the final month of LESSEE'S term hereunder for each month that LESSEE holds over; in addition, LESSEE shall remove its personal property and moveable trade fixtures and appliances and equipment pay all damages that have not been attached LESSOR may suffer on account of LESSEE'S failure to the so surrender to LESSOR possession of said Leased Premises, and shall repair will indemnify and save LESSOR harmless from and against all claims made by any damage resulting succeeding tenant of said Leased Premises against LESSOR on account of delay of LESSOR in delivery possession of said Leased Premises to said succeeding tenants so far as such delay is occasioned by failure of LESSEE to so surrender said Leased Premises in accordance herewith or otherwise. No receipt of money by LESSOR from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days LESSEE after termination of this Lease Tenant has not removed or the service of any notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the term of this Lease or affect any such notice, demand, suite or judgment. No act or thing done by LESSOR or its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for agents during the Tenant, or place the same in storage, all at the expense and risk term hereby granted shall be deemed an acceptance of a surrender of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal Leased Premises and storage. Landlord shall have the right no agreement to sell such stored property, without notice to Tenant, after it has been stored for accept a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment surrender of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, Leased Premises shall be paid to the Tenantvalid unless it be made in writing and subscribed by a duly authorized officer or agent of LESSOR.

Appears in 2 contracts

Sources: Standard Office Building Lease (Newsmax Media Inc), Standard Office Building Lease (Newsmax Media Inc)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein as of the Commencement Date in the same repair and condition existing as of the Commencement Date (and with all subsequent alterations and improvements made by or for Tenant in compliance with Laws and otherwise in good repair and condition), free of Hazardous Materials placed on a timely basis. the Premises by any Tenant Party during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building to by Tenant and the Existing FF&E (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord. If upon expiration or ten (10) days after termination 's option, and notwithstanding the foregoing provisions of this Lease Section 21 to the contrary, Tenant has not removed its shall remove such alterations, additions and improvements installed by or on behalf of Tenant, and such trade fixtures, personal property and moveable trade fixtures and appliances and property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment and the Existing FF&E), as Landlord maymay request; however, but Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenantnot be removed. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord's rights in respect of the charges for storage; and third, to security interest granted under Section 20. The provisions of this Section 21 shall survive the payment end of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 2 contracts

Sources: Agreement and Plan of Reorganization (Biomira Inc), Lease Agreement (Biomira CORP)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇)Landlord, reasonable wear and tear excepted. Prior to such return, except upon expiration of this Lease or earlier termination by Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached pursuant to the Premises, and shall repair any damage resulting from their removalprovisions of this Lease. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant shall remove all trade fixtures which have not become part of the Premises, equipment, furniture, and personal property placed in the Premises or Building by Tenant, and all such alterations, additions, improvements and wiring which, when approved by Landlord, were required to Landlord. If upon be removed from the Premises at the earlier expiration or ten (10) days after termination of the Term of this Lease Lease, and may remove all such fixtures, alterations, additions, improvements and wiring which, when approved by Landlord, were permitted to be removed by Tenant has not removed its from the Premises at the earlier expiration or termination of the Term of this Lease. Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property and moveable trade fixtures and appliances and property, equipment, wiring, cabling, and furniture as Landlord maymay request; however, but Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenantnot be removed. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord's rights in respect of the charges for storage; and third, to security interest granted under Section 20. The provisions of this Section 21 shall survive the payment end of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 2 contracts

Sources: Lease Agreement (Art Technology Group Inc), Lease Agreement (Art Technology Group Inc)

Surrender of Premises. At Except as provided in Article 14 herein, upon the expiration or sooner other termination of the Lease Termthis Lease, Tenant shall return the Premises quit and surrender to Landlord the Demised Premises and every part thereof and all alterations, additions and improvements thereto, broom clean and in the same good condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)and state of repair, reasonable wear and tear only excepted. Prior to such returnIf Tenant is not then in default, Tenant shall remove its personal property and moveable trade fixtures and appliances all personalty and equipment that have not been attached to the Demised Premises which it has placed upon the Demised Premises, and Tenant shall repair any damage resulting from their removalrestore the Demised Premises to the condition immediately preceding the time of placement thereof, less reasonable wear and tear. In no event If Tenant shall Tenant fail or refuse to remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. all of Tenant's obligations under this paragraph shall survive effects, personalty and equipment from the Demised Premises upon the expiration or termination of this LeaseLease for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, such effects, personalty and equipment shall be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without written notice to Tenant or any other party and without obligation to account for them. Tenant shall indemnify pay Landlord for on demand any and all damages and losses suffered as a result reasonable expenses incurred by Landlord in the removal of ▇▇▇▇▇▇'s failure to remove voice and data cablessuch property, wiring and communication lines and moveable trade fixtures and appliances and to redeliver including, without limitation, the Premises on a timely basis. Tenant shall surrender all keys cost of repairing any damage to the Premises Building or Building to Landlord. If upon expiration or ten (10) days after termination Project caused by the removal of this Lease Tenant has not removed its personal such property and moveable trade fixtures and appliances and equipmentstorage charges (if Landlord elects to store such property), Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for less any expense incurred amounts actually received by Landlord in connection with the disposition of such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period which Landlord may dispose of thirty (30) days in Landlord's sole and absolute discretion. The covenants and conditions of this Article 32 shall survive any expiration or more, the proceeds termination of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantthis Lease.

Appears in 2 contracts

Sources: Lease Agreement (Profit Recovery Group International Inc), Lease Agreement (Profit Recovery Group International Inc)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or sooner earlier termination of the this Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such returnor Tenant’s right of possession, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to Tenant’s Removable Property (defined below) from the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating quit and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver surrender the Premises on a timely basisto Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear, casualties and repairs that are not Tenant’s responsibility hereunder, excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by Tenant shall surrender all keys to and located in the Premises or Building to other portions of the Building; (B) any Leasehold Improvements that are installed by Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. If upon expiration or ten (10) days after termination of Notwithstanding any provisions contained in this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipmentto the contrary, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell require Tenant to remove, at Tenant’s expense, upon the expiration or earlier termination of the Term, any Special Installations made or installed by Tenant or at Tenant’s expense in the Premises if, and only if, Landlord notifies Tenant to such stored property, without notice to Tenant, after it has been stored for a period effect in writing at the time of thirty (30) days or more, Landlord’s approval of the proceeds installation of such sale Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to be applied firstLandlord, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to remain in the Premises) within 2 days after the termination of this Lease or of Tenant’s right to possession, Landlord; the balance, if anyat Tenant’s sole cost and expense, shall be paid entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 2 contracts

Sources: Office Lease (GP Investments Acquisition Corp.), Office Lease (Rimini Street, Inc.)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term (unless caused by Landlord, its employees, agents or contractors), in broom-clean condition including cleaning of interior surface of all walls, flooring, ceiling and/or any roof deck due to Tenant’s specific use (with such cleaning by commercial cleaning application as approved by Landlord), reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Tenant will remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building to by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord. If upon expiration or ’s option as described in Section 8(a), Tenant shall (not later than ten (10) days after the expiration or earlier termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipmentthe Lease) remove such Specialty Alterations, Landlord mayas well as wiring, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenantconduits, or place cabling installed by Tenant; however, Tenant shall not be required to remove the same initial Tenant Improvements, nor shall Tenant be required to remove any other improvement or addition to the Premises or the Project if Landlord has specifically agreed in storage, all at the expense and risk of the Tenantwriting that such other improvement or addition in question need not be removed. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, at Tenant’s cost without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord’s rights in respect of the charges for storage; and third, to security interest granted under Section 20. The provisions of this Section 20 shall survive the payment expiration or earlier termination of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantLease.

Appears in 2 contracts

Sources: Sublease (Corcept Therapeutics Inc), Lease Agreement (Zuora Inc)

Surrender of Premises. At the Tenant shall, upon expiration or sooner termination of the Lease Termthis Lease, Tenant shall return surrender the Premises to Landlord in the same condition in which received (or, if altered, then as existed on the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)date Tenant commenced business operations therein, reasonable wear and tear exceptedand damage by fire or other casualty excepted and subject to Tenant’s obligations under Paragraphs 12, 13, 38 and 39 and the Tenant Improvement Agreement. Prior to such returnTenant shall remove all of its debris from the Project. At or before the time of surrender, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached comply with the terms of Paragraph 12 with respect to the removal of Alterations to the Premises, Paragraph 13 with respect to the removal of Tenant’s Signs, Paragraph 38 with respect to the removal of Equipment, Paragraph 39 with respect to removal of Lines, and Section 10 of the Tenant Improvement Agreement with respect to the removal of Tenant Improvements. To the extent any such provisions of this Lease or the Tenant Improvement Agreement require Tenant to remove Alterations, Tenant’s Signs or Tenant Improvements, Tenant, at Tenant’s expense, shall remove such items and perform such repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive restoration work prior to the expiration or upon the earlier termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver If the Premises on a timely basisare not so surrendered at the expiration or sooner termination of this Lease, the provisions of Paragraph 26 hereof shall apply. Tenant shall surrender all All keys to the Premises or Building any part thereof shall be surrendered to Landlord. If Landlord upon expiration or ten (10) days sooner termination of the Term. Tenant shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. If Tenant fails to participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. Any delay caused by Tenant’s failure to carry out its obligations under this Paragraph 36 beyond the term hereof, shall constitute unlawful and illegal possession of Premises under Paragraph 26 hereof. Any personal property of any kind remaining in the Premises after the expiration or sooner termination of this Lease shall become the personal property of Landlord. Tenant has not removed its hereby relinquishes all right, title and interest in the personal property and moveable trade fixtures and appliances and equipment, agrees that Landlord may, but need not, remove ▇▇▇▇▇▇’s may dispose of the personal property and hold as it for the Tenant, or place the same sees fit in storage, all at the expense and risk of the Tenantits sole discretion. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal waives the provisions of California Civil Code Sections 1980 et seq. and storage1993 et seq. Landlord shall have governing the right to sell such stored disposal of lost or abandoned property, without notice and releases Landlord and Landlord Parties from any and all Losses, whether now known or unknown, arising out of or relating to Tenant, disposal of personal property remaining in the Premises after it has been stored for a period the expiration or sooner termination of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantthis Lease.

Appears in 2 contracts

Sources: Lease (Freshworks Inc.), Lease (Freshworks Inc.)

Surrender of Premises. At (a) Upon the expiration or sooner termination of the Lease Termterm hereof, Tenant shall return surrender the Premises to Landlord in the same condition in which received (oras when received, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable ordinary wear and tear excepted. Prior to such returnand damage by fire, Tenant earthquake, act of God or the elements excepted and, at Tenant's sole cost, shall remove its personal property and moveable all movable furniture, equipment, trade fixtures and appliances personal property (except partitions, in accordance with Paragraph 9 of this Lease) and equipment that have not been attached to the Premises, and shall repair any damage resulting from their in the Premises or elsewhere in the Building caused by such removal. In no event Any property which is not so removed by Tenant within fifteen (15) calendar days following notice thereof to Tenant shall be deemed abandoned by Tenant, and title to such property shall, at Landlord's election, pass to Landlord, provided that any such abandonment and transfer of title shall not be deemed to be a waiver of Landlord's rights and remedies against Tenant remove floor coverings; heatingfor removal of such items by Tenant. Whether or not title shall so pass to Landlord, ventilating Landlord may cause such property to be removed and air conditioning equipment; lighting equipment or fixtures; or floorstored and/or disposed of, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph and may make appropriate repairs to the Premises and Building, and Tenant shall survive pay the expiration or termination cost of this Leasesuch action on demand. Tenant shall indemnify Landlord for all damages against any loss or liability resulting from delay by Tenant in so surrendering the Premises, removing property and losses suffered as a result making repairs, including without limitation any claims made by any succeeding tenant- founded on such delay, unless such delay is caused by fire, earthquake, act of ▇▇▇▇▇▇God or other conditions beyond Tenant's failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall reasonable control (financial inability excepted). (b) The voluntary or other surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease by Tenant has or a mutual cancellation thereof shall not removed its personal property work a merger, and moveable trade fixtures and appliances and equipmentat the option of Landlord, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant(i) shall terminate all or any existing subleases or subtenancies, or place the same in storage, (ii) shall operate as an assignment to Landlord of all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for or any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days subleases or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantsubtenancies.

Appears in 2 contracts

Sources: Lease (Montgomery Realty Group Inc), Lease (Montgomery Realty Group Inc)

Surrender of Premises. At the expiration or sooner termination By taking possession of the Lease TermPremises, subject to Landlord's performance of its obligations under Section 7, Tenant shall return be deemed to have accepted the Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in its condition as of the Commencement Date, normal wear and tear excepted. Tenant shall remove from the Premises all of Tenant's Personal Property and any Alterations required to be removed pursuant to Section 9 of this Lease. Tenant shall repair any damage or perform any restoration work required by the removal. If Tenant fails to timely remove any Personal Property or Alterations as aforesaid, Landlord may remove the property and store and/or dispose of the same condition in which received (orat Tenant's expense, if altered, then including interest at the Interest Rate. If the Premises are not so surrendered at the termination of this Lease, Tenant shall be returned in such altered condition unless otherwise directed indemnify Landlord against all Claims resulting from delay by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to ▇ in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating attorneys' fees and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Leasecosts. Tenant shall indemnify give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for all damages and losses suffered as a result joint inspection of the Premises at the time of vacating. In the event of Tenant's failure to give such notice or participate in such joint inspection, Landlord's inspection at or after ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver vacating the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination conclusively be deemed correct for purposes of this Lease Tenant has not removed its personal property determining Tenant's responsibility for removal of Alterations and moveable trade fixtures repairs and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk restoration of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantPremises.

Appears in 2 contracts

Sources: Net Lease (Avantgo Inc), Net Lease (Avantgo Inc)

Surrender of Premises. Tenant shall, upon expiration or sooner termination of this Lease, surrender the Premises to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Tenant is not obligated to repair excepted. Without limiting the other provisions of this Section, (a) all space in the Premises shall be clean, well-maintained and presentable for re-leasing; (b) any damage in excess of ordinary wear and tear shall be repaired; (c) all damaged or inoperable window coverings shall be repaired or replaced; (d) any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational; (e) all doors and door hardware shall be operational and without visible damage; and (f) all interior partition glass shall be cleaned. No damage shall be considered ordinary wear and tear if it should have been repaired to satisfy the Tenant’s ongoing obligation to maintain the Premises under this Lease. Tenant shall, at Tenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s furniture, work stations, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property (collectively, “Personal Property”). Personal Property not so removed shall be deemed abandoned by Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a ▇▇▇▇ of sale, but Tenant shall remain responsible for the cost of removal and disposal of such Personal Property, as well as any damage caused by such removal. At or before the time of surrender, Tenant shall comply with the terms of Section 9 hereof with respect to removal of Alterations from the Premises and all other matters addressed in such Section. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without give written notice to Tenant, after it has been stored for a period of Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or moreas a consent by Landlord to any holding over by Tenant. If Tenant does not give such notice or participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacating the proceeds Premises shall conclusively be deemed correct for purposes of such sale determining Tenant’s responsibility for repairs and restoration. If Tenant does not carry out its obligations under this Section before the Expiration Date, Landlord may consider Tenant to be applied first, to the cost of sale; second, to the payment in possession of the charges for storage; Premises until such work has been completed and third, to the payment provisions of any other amounts which may then be due from Tenant to Landlord; the balance, if any, Section 19 shall be paid to the Tenantapply.

Appears in 2 contracts

Sources: Office Lease, Office Lease (Redfin CORP)

Surrender of Premises. At If Tenant delivers its Expansion Premises First Acceleration Notice in accordance with the expiration or sooner termination terms and conditions of this Paragraph 10.C. and pays both installments of the Expansion Premises First Acceleration Fee (as herein after defined), then, subject to the terms and conditions of this Paragraph 10.C., effective as of the Expansion Premises First Accelerated Termination Date, the Term of the Lease Termwith respect to the floor designated in Tenant’s Expansion Premises First Acceleration Notice only (either the Fourteenth Floor Expansion Premises or the Fifteenth Floor Expansion Premises, but not both) shall terminate, provided, however, Tenant shall return be and remain liable for the payment to Landlord of all Rent and other sums due or accrued with regard to the portion of the Expansion Premises to which Tenant’s First Acceleration Option for Expansion Premises applies, and for the performance and keeping of all covenants, agreements and obligations under the Lease to be performed, paid and kept by Tenant with respect to such space prior to the Expansion Premises First Accelerated Termination Date. In the event that Tenant fails to completely vacate the portion of the Expansion Premises to which Tenant’s First Acceleration Option for Expansion Premises applies and surrender possession thereof to Landlord in accordance with the same condition in which received (orterms and conditions of the Lease on or prior to the Expansion Premises First Accelerated Termination Date, if altered, then the Premises such failure shall be returned in such altered condition unless otherwise directed treated as a holding over by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the PremisesTenant, and Landlord shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination be entitled to all of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure its remedies therefore pursuant to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk Article 12 of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantOriginal Lease.

Appears in 2 contracts

Sources: Lease (Enova International, Inc.), Lease Agreement (Enova International, Inc.)

Surrender of Premises. At the expiration or sooner termination of the Lease TermSection 1 5.0 1. Tenant shall, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive upon the expiration or termination of this Lease for any reason whatsoever, surrender to Landlord the buildings, structures and building equipment then upon the Demised Premises, together with all alterations and replacements thereof then on the Demised Premises, in the same good order, condition and repair, that the Demised Premises are in on the completion of the construction contemplated hereby, except for reasonable and ordinary wear and tear. (Wherever the term “reasonable and ordinary wear and tear” is used in this Lease. , it should be understood to contemplate that Tenant shall indemnify Landlord for all damages and losses suffered as will have performed a result reasonable maintenance program during the term hereof.) At the expiration of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. reason whatsoever, Landlord shall have the right right, at Landlord’s sole cost and expense, to sell inspect the Demised Premises through an independent licensed engineer and/or contractor in order to determine that all portions of the Demised Premises are in such stored propertygood condition, ordinary wear and tear excepted. Any repairs deemed necessary in the opinion of the inspecting agent may be paid for out of proceeds of the Security Deposit. Title to all of Tenant’s trade fixtures, furniture and equipment (other than building equipment) installed in the Demised Premises shall remain in Tenant, and upon expiration or other termination of this Lease, the same may and, upon the demand of Landlord, shall be removed and any resultant damage to the Demised Premises shall be repaired, by and at the expense of Tenant; provided, however, that if, upon any such expiration or other termination of this Lease, Tenant shall be delinquent or in default under any of the provisions hereof, Tenant shall not, without notice Landlord’s prior written consent, be entitled to Tenantremove any such trade fixtures, after it has furniture or equipment unless and until such delinquency or default shall have been stored for a period of cured, and if such delinquency or default shall not have been cured by Tenant within thirty (30) days or more, after the proceeds date of such sale to expiration or termination, all such trade fixtures, furniture and equipment of Tenant shall, at Landlord’s option, be applied first, to and become the cost absolute property of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Asbury Automotive Group Inc)

Surrender of Premises. At On or before the termination of the Lease Term, or upon any termination of Tenant’s right to possession of the Premises, Tenant shall surrender the Premises to Landlord in good condition and repair, normal wear and tear excepted, with all interior walls, floors and floor coverings cleaned, and otherwise in the condition required under this Section 27. The term “normal wear and tear” does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper maintenance, or by Tenant’s full and timely performance of all its obligations under this Lease. On or before the expiration or sooner termination of the Lease TermTerm (or such later date following any earlier termination of this Lease as hereinafter provided), Tenant shall return (a) remove (i) all Tenant Improvements constructed by Tenant under the Work Letter and Construction Agreement that Landlord identifies at the time Landlord approves the Final Plans that Landlord deems Specialized Alterations, (ii) all of Tenant’s FF&E and phone and data cabling from the Project; except those that Landlord has, if at all, confirmed in writing (within the time period hereinafter provided) shall be left in place; and any other Alterations that Landlord required in writing be removed at the time Landlord gave its consent thereto Pursuant to Section l0(a); and (b) fully repair any damage to the Premises or other portions of the Project caused by the removal of any of the foregoing items. Landlord may, by written notice to Landlord in Tenant given at any time at least nine (9) months prior to the same condition in which received Expiration Date (or, if alteredin the event of a termination of this Lease prior to the scheduled Expiration Date, then at any time within thirty (30) days following written notice of such termination), confirm the Premises obligation of Tenant to either remove or leave in place any or all Specialized Alterations, but failure to provide any such written notice shall not change any of Tenant’s obligations with respect to the removal of Tenant’s property and the other matters hereinabove provided in accordance with this Section 25. Any of Tenant’s property not removed from the Project by Tenant as required herein shall be returned deemed abandoned and may be retained, used, stored, removed or disposed of by Landlord as Landlord sees fit in the exercise of its sole discretion, and Tenant waives all claims against Landlord resulting therefrom. Without limiting the generality of the foregoing, Tenant waives any of the rights and benefits under Civil Code Sections 1980-1993 relating to the disposition of abandoned personal property and agrees that title to any such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)personal property, reasonable wear free and tear exceptedclear of any liens, shall pass to Landlord upon written notice to Tenant of Landlord’s exercise of its right to retain any such personal property. Prior to such returnWithin ten (10) days following Landlord’s invoice therefor, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed reimburse Landlord for all costs incurred by Landlord in writing. (x) storing, removing or disposing of any abandoned Tenant's obligations ’s property; and (y) repairing any damage to the Premises or Project caused by Tenant, but only to the extent the making of (or payment for) such repairs is the responsibility of Tenant under this paragraph Lease; and (z) removing any Tenant Improvements that Tenant was required to remove, and all repair and restoration work necessitated by such removal. Tenant represents and warrants that no other person shall survive have any ownership or use interest in Tenant’s FF&E, Alterations, Specialized Alterations and Tenant Improvements as of the expiration Expiration Date or sooner termination of this Lease. Tenant shall indemnify surrender to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building and make known to LandlordLandlord the combination of all combination locks which Tenant is required to leave on the Premises. If upon All Tenant’s obligations under this Section 25 shall survive the expiration or ten (10) days after sooner termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantLease.

Appears in 2 contracts

Sources: Retail Lease Agreement (Slack Technologies, Inc.), Retail Lease Agreement (Slack Technologies, Inc.)

Surrender of Premises. At If Tenant delivers its Expansion Premises Second Acceleration Notice in accordance with the expiration or sooner termination terms and conditions of this Paragraph 10.D. and pays both installments of the Expansion Premises Second Acceleration Fee (as hereinafter defined), then, subject to the terms and conditions of this Paragraph 10.D., effective as of the Expansion Premises Second Accelerated Termination Date, the Term of the Lease Termwith respect to the floor or floors designated in Tenant’s Expansion Premises Second Acceleration Notice shall terminate, provided, however, Tenant shall return be and remain liable for the payment to Landlord of all Rent and other sums due or accrued with regard to the portion of the Expansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies, and for the performance and keeping of all covenants, agreements and obligations under the Lease to be performed, paid and kept by Tenant with respect to such space prior to the Expansion Premises Second Accelerated Termination Date. In the event that Tenant fails to completely vacate the portion of the Expansion Premises to which Tenant’s Second Acceleration Option for Expansion Premises applies and surrender possession thereof to Landlord in accordance with the same condition in which received (orterms and conditions of the Lease on or prior to the Expansion Premises Second Accelerated Termination Date, if altered, then the Premises such failure shall be returned in such altered condition unless otherwise directed treated as a holding over by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the PremisesTenant, and Landlord shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination be entitled to all of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure its remedies therefore pursuant to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk Article 12 of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantOriginal Lease.

Appears in 2 contracts

Sources: Lease (Enova International, Inc.), Lease Agreement (Enova International, Inc.)

Surrender of Premises. At 26.1 Tenant shall, at least thirty (30) days before the expiration or sooner termination last day of the Lease Term, Tenant shall return arrange to meet Landlord for a joint inspection of the Premises Premises. In the event of Tenant’s failure to Landlord in arrange such joint inspection to be held prior to vacating the same condition in which received (orPremises, if altered, then Landlord’s inspection at or after Tenant’s vacating the Premises shall be returned conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. 26.2 At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Tenant may, and at Landlord’s request shall, at Tenant’s sole cost, remove upon termination of this Lease, any and all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such altered condition termination, repairing all damage caused by such removal. Property not so removed shall, unless otherwise directed requested to be removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a ▇▇▇▇▇▇▇▇)▇ of sale. All other alterations, reasonable wear additions and tear excepted. Prior to such returnimprovements in, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached on or to the Premises, Premises shall be dealt with and shall repair any damage resulting from their removal. In no event shall disposed of as provided in Article 6. 26.3 All obligations of Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of this Leasethe Term. In the event that Tenant’s failure to perform prevents Landlord from releasing the Premises, Tenant shall indemnify continue to pay rent pursuant to the provisions of Article 14 until such performance is complete. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord for all damages the amount, as estimated by Landlord, necessary to repair and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver restore the Premises on a timely basis. Tenant shall surrender all keys as provided in this Lease and/or to the Premises discharge Tenant’s obligation for unpaid amounts due or Building to become due to Landlord. If upon expiration or ten (10) days after termination All such amounts shall be used and held by Landlord for payment of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the such obligations of Tenant, or place the same in storage, all at the expense and risk of the Tenant. with Tenant shall reimburse Landlord being liable for any expense incurred additional costs upon demand by Landlord in connection Landlord, or with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale any excess to be applied first, returned to the cost of sale; second, to the payment of the charges for storage; Tenant after all such obligations have been determined and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, satisfied. Any otherwise unused Security Deposit shall be paid to credited against the Tenantamount payable by Tenant under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Aspen Aerogels Inc), Lease (Aspen Aerogels Inc)

Surrender of Premises. At Upon the expiration termination, whether by lapse of time or sooner otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease TermLease, Tenant shall return will at once surrender possession and vacate the Premises Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in the same good condition in which received (orand repair, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable ordinary wear and tear excepted. Prior ; conditions existing because of Tenant’s failure to such returnperform maintenance, repairs or replacements as required of Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph Lease shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages not be deemed “reasonable wear and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Lease, or Building Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. If upon expiration In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after termination written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove as by a ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 2 contracts

Sources: Office Lease (Great Basin Scientific, Inc.), Office Lease

Surrender of Premises. At Upon the expiration Expiration Date or sooner earlier termination of the Lease Termthis Lease, Tenant shall return quietly and peacefully surrender the Premises to Landlord in the same condition called for by this Lease, shall deliver to Landlord any keys to the Premises, or any other portion of the Project, and shall provide to Landlord the combination or code of locks on all safes, cabinets, vaults (i) in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such returncase of the expiration of the Term, Tenant shall remove its personal property such Lines and moveable trade fixtures and appliances and equipment that have not been attached to repair such damage on or before the PremisesExpiration Date, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the notifies Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of least thirty (30) days or moreprior to the Expiration Date, that such Lines shall be surrendered with the proceeds Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such sale Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be applied firstremoved pursuant to this Section shall become the property of Landlord (without payment by Landlord), and shall be surrendered in good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. All personal property of Tenant not removed hereunder shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may, without any liability to Tenant for loss or damage thereto or loss of use thereof, store such property in Tenant’s name at Tenant’s expense and/or dispose of the cost of sale; second, same in any manner permitted by law. Notwithstanding anything to the payment of the charges contrary, except for storage; Lines and thirdEquipment (which shall be removed in accordance with Section 32 above), Tenant shall have no obligations to remove any improvements or Alterations made to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantPremises that are not Specialty Improvements.

Appears in 2 contracts

Sources: Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant) excepted, and shall surrender deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or Building elsewhere in the Project by Tenant (but Tenant may not remove any item that was paid for, in whole or in part, by Landlord). Additionally, Tenant shall have no obligation to remove any alterations, additions or improvements; however, Landlord may require that Tenant remove (i) all wiring, conduits and cabling installed by Tenant or at Tenant’s request and (ii) any addition or improvement to the Premises or the Project made after the initial build-out if Landlord specifically required Tenant to remove such addition or improvement prior to Landlord. If upon expiration or ten (10) days after termination ’s approval of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenantsame. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, Landlord’s rights in respect of any security interest granted hereunder. The provisions of this Section shall survive the proceeds of such sale to be applied first, to the cost of sale; second, to the payment end of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement (Online Resources Corp)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an --------------------- acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building to by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord. If upon expiration or ten (10) days after termination of this Lease 's option, Tenant has not removed its shall remove such alterations, additions, improvements, trade fixtures, personal property and moveable trade fixtures and appliances and property, equipment, wiring, cabling, and furniture as Landlord maymay request; however, but Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenantnot be removed. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord's rights in respect of the charges for storage; and third, to security interest granted under Section 20. The provisions of this Section 21 shall survive the payment end of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement (Tenfold Corp /Ut)

Surrender of Premises. At Upon the expiration or sooner other termination of the Lease Termthis Lease, Tenant shall return the Premises quit and surrender to Landlord the Demised Premises and every part thereof and all alterations, additions and improvements thereto, broom clean and in the same good condition in which received (orand state of repair, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), except for reasonable wear and tear excepted. Prior tear, damage caused by Landlord or its agents, contractors or employees (acting within the scope of their employment) which is not covered by insurance of the type required to such returnbe maintained by Tenant under this Lease, and damage caused by fire, casualty or condemnation (the repair obligations for which are covered by Articles 22 and 35 hereof), and Tenant shall remove its personal property all personalty, all Tenant’s Equipment and moveable trade fixtures and appliances and all other equipment that have not been attached to the Demised Premises which it has placed upon the Demised Premises and the Project, and Tenant shall restore the Demised Premises and the Project to the condition immediately preceding the time of placement thereof Tenant shall also be responsible for removing all wires and cables installed by Tenant in the Demised Premises and other portions of the Building to serve Tenant’s Equipment and Tenant’s telecommunications and computer systems in the Demised Premises, and the removal of such wires and cables shall repair be effected by Tenant without damage to the Building and without interference with the business or operations of Landlord or any damage resulting other tenant of the Building. If Tenant shall fail or refuse to remove all of Tenant’s effects, personalty, Tenant’s Equipment and other equipment from their removalthe Demised. In no event shall Tenant remove floor coverings; heating, ventilating Premises and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the Project upon the expiration or termination of this Lease. Lease for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, such effects, personalty, Tenant’s Equipment and other equipment shall be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise .disposed of by Landlord without written notice to Tenant or any other party and without obligation to account for them Tenant shall indemnify pay Landlord for on demand any and all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense expenses incurred by Landlord in connection with the removal of such removal and storage. Landlord shall have the right to sell such stored property, including, without notice to Tenantlimitation, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, repairing any damage to the payment Building or Project caused by the removal of the such property and storage charges for storage; (if Landlord elects to store such property). The covenants and third, to the payment conditions of this Article 32 shall survive any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantexpiration or termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Internap Network Services Corp)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. Lease or Tenant’s right to possess the Premises, Tenant shall indemnify (a) deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises broom-clean with all improvements located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on a timely basis. Tenant shall surrender the Premises during the Term; (b) deliver to Landlord all keys to the Premises and all access cards to the Project; (c) remove all unattached trade fixtures, furniture, and personal property placed in the Premises or Building elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal by delivering written notice thereof to LandlordTenant at least 90 days before the end of the Term); (d) remove any and all cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of a Tenant Party, including all connections for such cabling, at Tenant’s sole cost or, if Landlord so elects, Landlord may perform such removal at Tenant’s sole cost, with the cost thereof to be paid to Landlord as Rent (Landlord will have the right, however, upon notice to Tenant, given prior to the expiration or earlier termination of the Term, to require Tenant to abandon and leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling |including conduit], whether located in the Premises or elsewhere in the Project, and if Landlord so elects, Tenant covenants that such cabling shall be left in a neat and safe condition in accordance with the requirements of all applicable Laws, including the National Electric Code or any successor statute, and shall be terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box); and (e) remove such alterations, additions, improvements, and Tenant’s Off-Premises Equipment as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by the removal of the items described above. If upon expiration or ten (10) days after termination Tenant fails to remove any of this Lease Tenant has not the items required to be removed its personal property and moveable trade fixtures and appliances and equipmentby Tenant, Landlord may, but need notat Landlord’s option, remove ▇▇▇▇▇▇’s personal property and hold it for the (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items may be appropriated, sold, stored, destroyed, or place the same otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in storage, all at the expense and risk respect of the Tenant. security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for any expense incurred by expenses which Landlord may incur in connection effecting compliance with such removal Tenant’s obligations hereunder (including collection costs and storage. Landlord shall have attorneys’ fees), plus interest thereon at the right to sell such stored propertyDefault Rate, without notice to Tenant, after it has been stored for a period of thirty or (303) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment elect any of the charges for storage; actions described in clauses (1) and third, to (2) above as Landlord may elect in its sole discretion. The provisions of this Section 21 shall survive the payment end of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement (RetailMeNot, Inc.)

Surrender of Premises. At the expiration or sooner termination of the Lease Term, Tenant shall return surrender the Premises to Landlord in the same condition as the same were in which received (or, if altered, then on the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)Commencement Date, reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property permitted alterations and moveable trade fixtures and appliances and equipment that have not been attached to the Premisesdamage by casualty or condemnation excepted, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord's managing agent or to Landlord at the place then fixed for the payment of Base Rent and shall inform Landlord of all combinations on locks, safes and vaults, if any. Tenant shall at such time remove all of its property therefrom and all alterations and improvements placed thereon by Tenant if so requested by Landlord. Tenant shall repair any damage to the Premises caused by such removal, and any and all such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord at Tenant's cost and expense without further notice to or demand upon Tenant. If the Premises are not surrendered as above set forth, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and protect Landlord against, and hold Landlord free and harmless from, any Claim resulting from the delay by Tenant in so surrendering the Premises, including without limitation, any claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove, at Tenant's cost, all property of Tenant from the Premises upon expiration or ten (10) days after termination of this Lease Tenant has not removed and to cause its personal property transportation and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it storage for the Tenant, or place the same in storage's benefit, all at the expense sole cost and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored propertynot be liable for damage, without notice to Tenanttheft, after it has been stored for a period of thirty (30) days misappropriation or more, the proceeds of such sale to loss thereof and Landlord shall not be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of liable in any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantmanner in respect thereto.

Appears in 1 contract

Sources: Office Lease Agreement (Primis Inc)

Surrender of Premises. At the expiration or sooner termination of the this Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such returnor Tenant’s right of possession, Tenant shall remove its personal property Tenant’s Property and moveable trade fixtures any and appliances and equipment that have not been attached to all Required Removables from the Premises, and shall quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair any damage resulting from their removalhereunder excepted. In no event shall If Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure fails to remove voice and data cablesany of Tenant’s Property or Required Removables, wiring and communication lines and moveable trade fixtures and appliances and or to redeliver restore the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after required condition as of the date of termination of this Lease or Tenant’s right to possession of the Premises, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and/or store Tenant’s Property and Required Removables, as the case may be, and/or perform such restoration of the Premises. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant’s Property. Tenant has not removed its personal property shall pay Landlord the reasonable expenses and moveable trade fixtures and appliances and equipment, Landlord may, but need not, storage charges incurred. If Tenant fails to remove T▇▇▇▇▇’s personal property and hold it for Property from the Tenant, Premises or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of within thirty (30) days after notice, Landlord may deem all or more, the proceeds any part of such sale Tenant’s Property to be applied firstabandoned and, at Landlord’s option, title to the cost Tenant’s Property shall vest in Landlord or Landlord may dispose of sale; second, to the payment of the charges for storage; and third, to the payment of T▇▇▇▇▇’s Property in any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantmanner Landlord deems appropriate.

Appears in 1 contract

Sources: Office Lease Agreement (Third Harmonic Bio, Inc.)

Surrender of Premises. At Upon the expiration or sooner termination of the Lease Termthis Lease, Tenant shall return surrender the Premises to Landlord Landlord, broom clean and without debris, with all machinery, equipment, furnishings and personal property removed therefrom, and in the same condition in which as received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable Tenant except for ordinary wear and tear excepted. Prior which Tenant was not otherwise obligated to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair remedy under any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination provision of this Lease. However, Tenant shall indemnify not be obligated to repair any damage which Landlord for all damages is required to repair under Paragraphs 22 and losses suffered as a result of ▇▇▇▇▇▇'s failure 23. In addition, Landlord may require Tenant to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances any Alterations (whether or not made with Landlord’s consent) prior to the termination of the Lease and to redeliver restore the Premises on a timely basisto its prior condition, all at Tenant’s expense. All Alterations which Landlord has not required Tenant to remove shall become Landlord’s property and shall be surrendered to Landlord upon the termination of the Lease, except that Tenant may remove (and shall remove if so required by Landlord) any of Tenant’s machinery or equipment which can be removed without material damage to the Premises. Tenant shall surrender all keys repair, at Tenant’s expense, any damage to the Premises or Building the Project caused by the removal of any such machinery or equipment. In no event, however, shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other HVAC equipment; fencing or security gates; or other similar building operating equipment and decorations. Tenant shall give written notice to Landlord at least thirty (30) days’ prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to give such notice or participate in such joint inspection, Landlord. If upon expiration ’s inspection at or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇T▇▇▇▇▇’s personal property vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantrestoration.

Appears in 1 contract

Sources: Industrial Lease (Dragonfly Energy Holdings Corp.)

Surrender of Premises. At By taking possession of the Premises, except as provided in Section 7, Tenant shall be deemed to have accepted the Premises and the Property in good condition and repair, subject to all applicable laws, codes and ordinances. On the expiration or sooner early termination of the Lease Termthis Lease, Tenant shall return surrender the Premises to Landlord in its condition as of the same condition in which received (orBase Rent Commencement Date, if altered, then normal wear and tear and damage due to casualty or condemnation excepted. The foregoing exception for damage to the Premises shall be returned not apply to damage caused by Tenant and/or Tenant's agents, contractors, employees and invitees except to the extent the waiver of certain claims contained in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior Section 22 applies to such return, damage. Tenant shall remove its from the Premises all of Tenant's personal property and moveable property, trade fixtures and appliances and equipment that have not been attached any alterations (including the Initial Alterations to the Premises, and extent required to be removed under subsection 9(e)) required to be removed pursuant to Section 9. Tenant shall repair damage or perform any damage resulting from their restoration work required by the removal. In no event shall If Tenant fails to remove floor coverings; heatingany personal property, ventilating trade fixtures or alterations after the end of the Term, Landlord may remove the property and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. store it at Tenant's obligations under this paragraph shall survive expense, including interest at the expiration or Interest Rate. If the Premises are not so surrendered at the termination of this Lease. , Tenant shall indemnify Landlord for against all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cablesloss or liability resulting from delay by Tenant in so surrendering the Premises, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored propertyincluding, without notice limitation, any claims made by any succeeding tenant, losses to TenantLandlord due to lost opportunities to lease to succeeding tenants, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantattorneys' fees and costs.

Appears in 1 contract

Sources: Lease (Pc Tel Inc)

Surrender of Premises. At On the expiration last day of the term of this Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of the Lease Termterm of this Lease, Tenant or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall return be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all property of Lessee from the Premises to Landlord upon termination of this Lease at the sole cost and risk of Lessee, and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in the same condition any manner in which received (or, if altered, then respect thereto. Lessee shall pay all costs and expenses of such removal. Lessee shall leave the Premises shall be returned in such altered good order, condition unless otherwise directed by ▇▇▇▇▇▇▇▇)and repair, reasonable wear and tear and damage from fire and other casualty not caused by Lessee excepted. Prior Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to such returnremoval, Tenant shall remove its personal transportation or storage of abandoned property and moveable with respect to restoring said Premises to good order, condition and repair. All improvements, alterations, additions, installations and fixtures, other than Lessee's trade fixtures and appliances equipment, which have been made or installed by either Lessor or Lessee upon the Premises shall remain the property of Lessor and equipment that have not been attached shall be surrendered with the Premises as a part thereof, unless Lessee is required to remove same pursuant to the Premises, and provisions of Article VIII hereof. Lessee shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall promptly surrender all keys to for the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all Lessor at the expense and risk of the Tenant. Tenant shall reimburse Landlord place then fixed for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of rent and shall inform Lessor of the charges for storage; and third, to the payment combinations of any other amounts which may then be due from Tenant to Landlord; vaults, locks and safes left on the balance, if any, shall be paid to the TenantPremises.

Appears in 1 contract

Sources: Office Lease (Jda Software Group Inc)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building to by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord. If upon expiration or ’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of this Lease Tenant has not removed its the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property and moveable trade fixtures and appliances and property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenantmay request. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. Notwithstanding the foregoing, Tenant shall only be required to remove cabling or wiring installed to serve the Premises if Tenant does not remove the existing cabling and wiring which is located in the Premises on the date of the Lease. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 25 by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, at Tenant’s cost without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord’s rights in respect of the charges for storage; and third, to security interest granted under Section 20. The provisions of this Section 21 shall survive the payment expiration or earlier termination of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantLease.

Appears in 1 contract

Sources: Office Lease Agreement (Radiant Systems Inc)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or sooner earlier termination of the this Lease Termor Tenant’s right of possession, Tenant shall return remove Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord Landlord, broom clean, and in the same good order, condition in which received (orand repair, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable ordinary wear and tear excepted. Prior to such returnAs used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord located in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If upon expiration or ten Tenant fails to remove any of Tenant’s Removable Property (10other than Special Installations which Landlord has designated to remain in the Premises) within 2 days after the termination of this Lease Tenant has or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not removed its personal property obligated) to remove and moveable trade fixtures and appliances and equipment, store Tenant’s Removable Property. Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it shall not be responsible for the value, preservation or safekeeping of Tenant, or place the same in storage, all at the expense and risk of the Tenant’s Removable Property. Tenant shall reimburse pay Landlord, upon demand, the expenses and storage charges incurred for Tenant’s Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant’s Security Deposit may be applied to offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage, as the case may be, within 30 days after written notice, Landlord may deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for any expense incurred Special Installations designated by Landlord to remain in connection with the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such removal purpose shall be subject to all of the terms and storageconditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. Landlord shall have In the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, event this Lease is terminated prior to the cost of sale; secondExpiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, Premises) shall be paid to removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Sources: Office Lease (FusionStorm Global, Inc.)

Surrender of Premises. At On the expiration last day of the term of this Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the last day of the Lease Termterm of this Lease, Tenant or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall return be deemed abandoned. Lessee shall leave the Premises to Landlord in the same good order, condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)and repair, reasonable wear and tear and damage from fire and other casualty not caused by Lessee excepted. Prior Lessor may, at Lessor's option, deduct the amount of any expenses incurred by Lessor with respect to the removal, transportation or storage of abandoned property from the Security Deposit required pursuant to Article XXV hereof. In the event that the Security Deposit is not sufficient to reimburse Lessor for the full amount of such returnexpenses, Tenant or in the event that Lessor elects not to withhold such amounts from the Security Deposit, Lessee shall remove its personal reimburse Lessor upon demand for any expenses incurred by Lessor with respect to removal, transportation or storage of abandoned property and moveable with respect to restoring said Premises to good order, condition and repair. All improvements, alterations, additions, installations and fixtures, other than Lessee's trade fixtures and appliances equipment, which have been made or installed by either Lessor or Lessee upon the Premises shall remain the property of Lessor and equipment that have shall be surrendered with the Premises as a part thereof, unless Lessee is required to remove same pursuant to the provisions of Article VIII hereof. If the Premises are not been attached to surrendered at the end of the term or sooner termination thereof, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the Premises to Lessor at the place then fixed for the payment of rent and shall repair inform Lessor of the combinations of any damage resulting from their removalvaults, locks and safes left on the Premises. In no the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new lease, but with Lessor's written consent, Lessee shall Tenant remove floor coverings; heatingbe deemed to be occupying the Premises as a tenant from month-to-month, ventilating subject to all the provisions, conditions and air conditioning equipment; lighting equipment or fixtures; or floorobligations of this Lease insofar as the same can be applicable to a month-to-month tenancy, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph except that the Base Rent shall survive be escalated to one hundred fifty percent (150%) of the Base Rent payable hereunder immediately prior to the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result In the event Lessee remains in possession of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon after expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures without the execution of a new lease and appliances without Lessor's written consent, Lessee shall be deemed to be occupying the Premises without claim of right and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property Lessee shall pay Lessor for all costs arising out of loss or liability resulting from delay by Lessee in so surrendering the Premises as above provided and hold it shall pay as a charge for the Tenant, or place the same in storage, all at the expense and risk each day of occupancy an amount equal to two hundred percent (200%) of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for Base Rent (on a period of thirty (30daily basis) days or more, the proceeds of such sale to be applied first, payable hereunder immediately prior to the cost expiration of sale; second, this Lease plus the Additional Rent (on a daily basis) then currently being charged by Lessor on new leases in the Complex for space similar to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantPremises.

Appears in 1 contract

Sources: Lease (Papa Johns International Inc)

Surrender of Premises. At Upon the expiration or sooner termination of the Term and if Tenant has fully and faithfully performed all of the terms, conditions and covenants of this Lease Termto be performed by Tenant, but not otherwise, Tenant shall return shall, at its sole cost and expense, remove from the Premises its interior and exterior signs and all of its movable trade fixtures and equipment, and other items Tenant has installed or placed on the Premises which have not become the property of Lessor pursuant to Landlord Section 4 (all of which are hereinafter referred to as “Tenant’s Property”). Tenant shall repair all damage thereto resulting from such removal and Tenant shall thereupon surrender the Premises in the same condition in which received (or, if altered, then as they were on the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)Commencement Date, reasonable wear and tear tear, damage by unavoidable casualty, and items expressly allowed by Lessor, excepted. Prior If Tenant has not fully and faithfully performed all of the terms, conditions and covenants of this Lease to such returnbe performed by Tenant, Tenant shall nevertheless remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached Tenant’s Property from the Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Lessor, but shall otherwise leave Tenant’s Property on the Premises, and shall repair any damage resulting from their removal. In no the event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure fail to remove voice any of Tenant’s Property as provided herein, Lessor may, but is not obligated to, at Tenant’s expense, remove all or part of Tenant’s Property not so removed and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender repair all keys damage to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property resulting from such removal and moveable trade fixtures and appliances and equipment, Landlord may, but need notis not obligated to, remove ▇▇▇▇▇▇at Tenant’s personal property and hold it for the Tenant, or place expense store the same in storageany public or private warehouse, all at the expense and risk of the Tenant. Lessor shall have no liability to Tenant shall reimburse Landlord for any expense incurred loss or damage to Tenant’s Property or floor coverings caused by Landlord in connection with or resulting from such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantotherwise.

Appears in 1 contract

Sources: Lease Agreement (Viper Powersports Inc)

Surrender of Premises. At the expiration or sooner termination of this Lease or the Lease Termtermination of Tenant’s right of possession, Tenant shall return immediately deliver to Landlord the Premises with all improvements located thereon in good repair and condition, reasonable wear and tear excepted (and condemnation and Casualty damage not caused by Tenant, as to which Sections 16 and 17 shall control), and shall deliver to Landlord all keys to the Premises and access cards to the Building. Subject to any lien rights, security interest or other rights of Landlord in connection with an Event of Default, Tenant shall, at its sole cost, remove all trade fixtures, furniture, and personal property owned or otherwise placed in the same condition in which received (orPremises by ▇▇▇▇▇▇. Additionally, if alteredat Landlord’s request, then Tenant shall, at its sole cost and expense, promptly remove from the Premises and the Building such alterations, additions, and improvements installed by or on behalf of Tenant. Tenant shall be returned repair, at Tenant’s sole cost, all damage caused by any removal required hereunder. To the extent Tenant fails to perform the foregoing obligations in such altered condition unless otherwise directed by a timely manner, Landlord may, at ▇▇▇▇▇▇▇▇)’s election, reasonable wear remove any items remaining and tear exceptedrepair all damage caused thereby and Tenant shall pay the cost therefor. Prior At Landlord’s election, any items remaining shall be deemed to have been 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 returnitems, all at Tenant’s sole cost and expense. If Tenant vacates the Premises, Tenant shall remove be deemed to have peacefully surrendered the Premises to Landlord notwithstanding that Tenant may have failed to fully perform its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph Section. The provisions of this Section shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk end of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement

Surrender of Premises. At Upon the expiration of the Term, or sooner termination of this Lease, Tenant shall quit and surrender to Landlord the Premises, broom clean, in as good or better condition than existed at the date possession was delivered to Tenant, normal wear and tear and damage by fire or other casualty or by condemnation excepted, and prior to the expiration or sooner termination of the this Lease Term, Tenant shall return 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 furniture, equipment and other personal property (including, without limitation, all voice and data and other wiring and cabling installed after the Commencement Date) and trade fixtures. Any property not removed shall be deemed to have been abandoned by Tenant and may be retained or disposed of by Landlord at Tenant’s expense free of any and all claims of Tenant, as Landlord shall desire. All property not removed from the Premises by Tenant may be handled or stored by Landlord at Tenant’s expense and Landlord shall not be liable for the value, preservation or safekeeping thereof. At Landlord’s option all or part of such property may be conclusively deemed to have been conveyed by Tenant to Landlord in the same condition in which received (or, as if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted▇ of sale without payment by Landlord. Prior Neither the provisions of this Article 14 nor any other provision of this Lease shall impose upon Landlord any obligation to such return, Tenant shall remove its personal care for or preserve any of Tenant’s property and moveable trade fixtures and appliances and equipment that have not been attached to left upon the Premises, and shall repair Tenant hereby waives and releases Landlord from any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment claim or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord liability in connection with such the removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale property from the Premises and the storage thereof and specifically waives the provisions of California Civil Code Section 1542 with respect to be applied first, such release. Tenant hereby waives to the cost maximum extent allowable the benefit of sale; second, to the payment of the charges all laws now or hereafter in force in this state or elsewhere exempting property from liability for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantrent or for debt.

Appears in 1 contract

Sources: Lease Agreement (Conceptus Inc)

Surrender of Premises. At Upon the expiration or sooner termination of the Lease TermTermination Date, Tenant shall return surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.03, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to Landlord in a tenantable condition as reasonably determined by Landlord. If any of the same condition in Tenant Additions which received (orwere installed by Tenant involved the lowering of ceilings, if alteredraising of floors or the installation of specialized wall or floor coverings or lights, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached also be obligated to return such surfaces to their condition prior to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination commencement of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result also be required to close any staircases or other openings between floors. Notwithstanding any of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys foregoing to the Premises contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Article 12 of the Lease) at the time Tenant requests approval of any Tenant Work or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease subsequent Tenant has not removed its personal property and moveable trade fixtures and appliances and equipmentAlterations, Landlord mayshall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, but need nothowever, remove ▇▇▇▇▇▇regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property and hold it for or trade fixtures. In the Tenantevent possession of the Premises is not delivered to Landlord when required hereunder, or place the same in storage, all at the expense and risk of the Tenant. if Tenant shall reimburse fail to remove those items described above, Landlord for may (but shall not be obligated to), at Tenant’s expense, remove any expense incurred by Landlord in connection of such property and store, sell or otherwise deal with such removal property as provided in Section 11.02(b), including the waiver and storage. indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days deems necessary or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantadvisable.

Appears in 1 contract

Sources: Lease Agreement (Modular Medical, Inc.)

Surrender of Premises. At Except for changes resulting from eminent domain proceedings, at the expiration or sooner termination of the Lease Term, Tenant shall return surrender the Premises to Landlord in the same condition in which received (or, if altered, then as the Premises shall be returned were in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the 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. Prior to such return, Tenant shall at such time remove its all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory, machinery, and other personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premisesproperty, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2. 1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from their removal. In no event shall the delay by Tenant remove floor coverings; heatingin so surrendering the Premises including, ventilating and air conditioning equipment; lighting equipment or fixtures; or floorwithout limitation, window or wall coverings unless otherwise specifically directed any claims made by Landlord in writingany succeeding occupant founded on such delay. Tenant's obligations under obligation to observe or perform this paragraph covenant shall survive the expiration or other termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Aei Income & Growth Fund 23 LLC)

Surrender of Premises. At Upon the expiration or sooner termination of the Lease Term, Tenant shall return agrees to quit and surrender the Premises, broom-clean, in good condition and repair, reasonable use, wear and tear, natural deterioration and insured casualty excepted, together with all keys and combinations to locks, safes and vaults and all improvements, alterations, additions, lighting fixtures and equipment at any time made or installed in, upon or to the interior or exterior of the Premises (except personal property, signs and trade fixtures put in at Tenant's expense) all of which shall then become the property of Landlord without any claim by Tenant, but the surrender of such property to Landlord shall not be deemed to be a payment of rent or in lieu of any rent reserved hereunder. Before surrendering the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such returnPremises, Tenant shall remove its all of Tenant's personal property property, signs and moveable trade fixtures and appliances any and all materials, substances, devices or equipment that have not been attached defined as hazardous or otherwise controlled under any governmental law, rule or regulation and, at Landlord's option, Tenant shall also remove any alterations, additions, fixtures, equipment and decorations at any time made or installed by Tenant in, upon or to the interior or exterior of the Premises, and Tenant shall repair any damage caused thereby. If Tenant shall fail to remove any of Tenant's personal property and trade fixtures, then at the option of Landlord, the same shall either be deemed abandoned and become the exclusive property of Landlord, or Landlord shall have the right to remove and store said property, at the expense of Tenant, without further notice to or demand upon Tenant and hold Tenant responsible for any and all charges and expenses incurred by Landlord therefor. If Tenant shall leave any of said personal property or trade fixtures on the Premises with Landlord's consent, then Landlord shall have the right to remove and store such property, at the expense of the Tenant, upon twenty-four (24) hours notice to Tenant and to hold Tenant responsible for any and all charges and expenses incurred therefor. If Tenant shall fail to remove any hazardous or controlled materials, substances, devices or equipment, then Landlord shall have the right, without further notice or demand, to cause the removal of such hazardous or controlled materials, substances, devices or equipment and hold Tenant responsible for any and all cost incurred therefor. If the Premises be not surrendered as and when aforesaid and after Landlord shall have given to Tenant a three (3) day notice to quit, Tenant shall indemnify Landlord against all loss or liability resulting from their removal. In no event shall the delay of Tenant remove floor coverings; heatingin so surrendering the same, ventilating and air conditioning equipment; lighting equipment or fixtures; or floorincluding, window or wall coverings unless otherwise specifically directed without limitation, any claims made by Landlord in writingany succeeding occupant founded on such delay. Tenant's obligations under this paragraph Paragraph shall survive the expiration or sooner termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Shopping Center Lease (Casa Ole Restaurants Inc)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 15 and 16 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). All alterations, additions or improvements made in or upon the Premises shall, at Landlord's option, (to be exercised pursuant to following sentence), either be removed by Tenant prior to the end of the Term (and Tenant shall repair all damage caused thereby), or shall remain in the Premises at the end of the Term without compensation to Tenant. In connection with Landlord's review and approval of any of Tenant's proposed alterations, additions or improvements to the Premises, Landlord may notify Tenant in writing, contemporaneously with Landlord's notice of approval to Tenant with respect to the improvements in question, that Landlord will require Tenant to remove such alterations prior to the expiration of the Term; however, if Tenant submits plans and specifications to Landlord for proposed alterations, additions or improvements to the Premises and delivers a Removal Notice (defined below) to Landlord contemporaneously with such submission by Tenant, and Landlord fails to notify Tenant that Tenant will be required to remove such alterations, additions or improvements to the Premises at the expiration of the Term, Landlord may not request such removal at the expiration of the Term. If upon A "Removal Notice" means a written notice from Tenant to Landlord that conspicuously states in bold, uppercase typeface that Tenant will not be required to remove the alterations, additions or improvements in question at the end of the Term unless, contemporaneously with Landlord's notice of approval to Tenant with respect to the improvements in question, Landlord notifies Tenant in writing that Landlord will require Tenant to remove such alterations prior to the expiration of the Term. Notwithstanding the foregoing, if Tenant does not obtain Landlord's prior written consent for any alterations, additions or ten improvements to the Premises (10) days after termination of this Lease whether such approval is required hereunder or otherwise), Tenant has not removed its shall, at Landlord's written request, remove all such alterations, additions, improvements, trade fixtures, personal property and moveable trade fixtures and appliances and property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment) as Landlord maymay request; however, but Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenantnot be removed. Tenant shall reimburse repair all damage caused by such removal. Notwithstanding the foregoing, Landlord for any expense incurred hereby acknowledges that Landlord will not require the removal or restoration of the improvements set forth on the Space Plans attached hereto as Exhibit D-1 at the expiration of the Term provided Tenant has complied with its maintenance and repair obligations under this Lease. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for a period such items. The provisions of thirty (30) days or more, this Section 22 shall survive the proceeds of such sale to be applied first, to the cost of sale; second, to the payment end of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement (Airvana Inc)

Surrender of Premises. At the expiration or sooner termination By taking possession of the Lease TermPremises, except as otherwise provided herein, Tenant shall return be deemed to have accepted the Premises and the Property in good, clean and completed condition and repair, subject to all applicable laws, codes and ordinances. On the Expiration Date or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in its condition as of the same condition in which received (orapplicable Rent Commencement Date, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable normal wear and tear excepted. Prior to such return, provided, however, that Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to from the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Premises all of Tenant's obligations under this paragraph shall survive the expiration or termination Removable Trade Fixtures and Portable Equipment and any Alterations required to be removed pursuant to Section 9 of this Lease. Tenant shall repair any damage or perform any restoration work required by the removal. If Tenant fails to timely remove any Removable Trade Fixtures, Portable Equipment or Alterations as aforesaid, Landlord may remove the property and store and/or dispose of the same at Tenant's expense, including interest at the Interest Rate. If the Premises are not so surrendered at the termination of this Lease, Tenant shall indemnify Landlord for against all damages Claims resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant, losses to Landlord due to lost opportunities to lease to succeeding tenants, and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice attorneys' fees and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basiscosts. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without give written notice to Tenant, after it has been stored for a period of Landlord at least thirty (30) days or more, prior to vacating the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Premises and shall meet with Landlord for a joint inspection of the charges Premises at the time of vacating. In the event of Tenant's failure to give such notice or participate in such joint inspection, Landlord's inspection at or after Tenant's vacating the Premises shall conclusively be deemed correct for storage; purposes of determining Tenant's responsibility for removal of Alterations and third, to repairs and restoration of the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantPremises.

Appears in 1 contract

Sources: Lease Agreement (Lynx Therapeutics Inc)

Surrender of Premises. At the expiration or sooner termination of the Lease Term, Tenant shall return surrender possession of the Premises to Landlord at the expiration or earlier termination of this Lease in the same good order, condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)and repair, reasonable wear and tear tear, permitted Alterations and damage by insured casualty or condemnation excepted, and will surrender all keys to the Building and the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rent, or as Landlord or Property Manager otherwise direct. Tenant shall also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Prior to such return, surrendering possession of the Premises Tenant shall remove all of its personal property from the Premises and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their to the Premises or the Building caused by such removal. In no event shall If Landlord’s consent to any Alterations to the Premises by Tenant remove floor coverings; heatingwas conditioned upon Tenant’s removal of such Alterations and restoration of the Premises to its condition prior to such Alterations, ventilating or if Tenant did not obtain Landlord’s determination at the time Landlord consented to such Alterations of whether or not such Alternations must be removed and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant made any Alterations without Landlord’s prior written consent, Tenant shall upon receipt by Tenant of written request by Landlord promptly restore the Premises to its condition prior to such Alterations at Tenant’s expense. Tenant hereby releases the Landlord Parties and shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless the Landlord Parties from and against any Claim resulting from Tenant’s failure or delay in surrendering the Premises in accordance with this Section 16.1 including, without limitation, any Claim made by any succeeding occupant founded on such delay including, but not limited to, consequential damages incurred by Landlord based on any such Claim. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned, and can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant appoints Landlord as Tenant’s agent to remove, at Tenant’s sole cost and expense, all of Tenant’s property from the Premises upon the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have not be liable for disposal, damage, theft, misappropriation or loss of Tenant’s property resulting from the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days removal or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment storage of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the of Tenant’s property or in any manner in respect thereto.

Appears in 1 contract

Sources: Office Lease Agreement (CaliberCos Inc.)

Surrender of Premises. At Except for changes resulting from eminent domain proceedings, at the expiration or sooner termination of the Lease Term, Tenant shall return surrender the Premises to Landlord in the same condition in which received (or, if altered, then as the Premises shall be returned were in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the 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. Prior to such return, Tenant shall at such time remove its all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premisesproperty, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2. 1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from their removal. In no event shall the delay by Tenant remove floor coverings; heatingin so surrendering the Premises including, ventilating and air conditioning equipment; lighting equipment or fixtures; or floorwithout limitation, window or wall coverings unless otherwise specifically directed any claims made by Landlord in writingany succeeding occupant founded on such delay. Tenant's obligations under obligation to observe or perform this paragraph covenant shall survive the expiration or other termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Aei Net Lease Income & Growth Fund Xx Limited Partnership)

Surrender of Premises. At Upon the expiration termination, whether by lapse of time or sooner otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease TermLease, Tenant shall return will at once surrender possession and vacate the Premises Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in the same good condition in which received (orand repair, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable ordinary wear and tear excepted. Prior ; conditions existing because of Tenant’s failure to such returnperform maintenance, repairs or replacements as required of Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph Lease shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages not be deemed “reasonable wear and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. tear.” Tenant shall surrender to Landlord all keys to the Premises or Building and make known to Landlord the combination to all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord. If upon expiration or ten ’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (101) days day after the termination of this Lease Tenant has not removed its personal property Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and moveable trade fixtures expenses, shall be entitled to remove and/or store such Tenant’s Property and appliances and equipmentLandlord shall, Landlord mayin no event, but need not, remove ▇▇▇▇▇▇’s personal property and hold it be responsible for the Tenantvalue, preservation or place the same in storage, all at the expense and risk of the Tenantsafekeeping thereof. Tenant shall reimburse Landlord for pay Landlord, upon demand, any expense incurred and all reasonable expenses caused by Landlord in connection with such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage. Landlord shall have , as the right to sell such stored propertycase may be, without notice to Tenant, after it has been stored for a period of within thirty (30) days after written notice from Landlord, Landlord, at its option, may deem all or more, the proceeds any part of such sale Tenant’s Property to be applied first, have been abandoned by Tenant and title thereof shall immediately pass to the cost Landlord under this Lease as by a ▇▇▇▇ of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 1 contract

Sources: Office Lease Agreement (Mammoth Energy Services, Inc.)

Surrender of Premises. At the expiration or sooner termination of the Lease Term, Tenant shall return will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in the same good order, condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)and repair, reasonable wear and tear tear, Casualty (subject to Landlord's rights with respect to Tenant Damage) and Taking excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall will surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk place then fixed for Tenant's payment of the TenantBasic Rent or as Landlord otherwise directs. Tenant shall reimburse will also inform Landlord for any expense incurred by Landlord in connection with such removal of all combinations on locks, safes and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balancevaults, if any, shall be paid in the Premises or on the Property. Tenant will at such time remove all of its property from the Premises and, if Landlord so requires and so notified Tenant at the time they were approved, all specified Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair any material damage to the Premises or the Property caused by such removal. Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any Claim resulting from Tenant's failure or delay in surrendering the Premises in accordance with this section, including, without limitation, any Claim made by any succeeding occupant founded on such delay. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. Landlord may remove all such abandoned property from the Premises and cause its transportation and storage in a public warehouse or elsewhere at the cost and for the account of Tenant, and if Tenant fails to pay the storage charges therefor Landlord may cause such property to be sold or otherwise disposed of without further obligation or any accounting to Tenant. Landlord will not be liable for damage, theft, misappropriation or loss of any such property or in any manner in respect thereto.

Appears in 1 contract

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

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for the Premises with all damages improvements located therein in good repair and losses suffered condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as a result of to which Sections 17 and 18 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that ▇▇▇▇▇▇ has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's failure option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Equipment, Electrical Equipment, Lines and the Interconnection Equipment) as Landlord may request; however, Tenant shall not be required to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys any addition or improvement to the Premises or Building to Landlord. If upon expiration the Project if Landlord has specifically agreed in writing that the improvement or ten (10) days after termination of this Lease Tenant has addition in question need not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenantbe removed. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord's rights in respect of the charges for storage; and third, to security interest granted under Section 23. The provisions of this Section 24 shall survive the payment end of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement (Eschelon Telecom Inc)

Surrender of Premises. At Upon the expiration or sooner earlier termination of the Lease Termthis Lease, Tenant shall return peaceably surrender the Premises to Landlord broom-clean and in the same condition as on the date Tenant took possession, except for (a) reasonable wear and tear; (b) loss by fire or other casualty; and (c) loss by condemnation. All fixtures, equipment, improvements, and appurtenances attached to or built into the Premises at the commencement of or during the Term, whether or not by or at the expense of Tenant, other than Tenant’s Property, shall be and remain a part of the Premises, shall be the property of Landlord, and shall not be removed by ▇▇▇▇▇▇, except as directed by Landlord in which received accordance with the following sentence. Tenant shall not be required to remove any leasehold improvements unless (ori) such removal is necessary to ensure that the Premises and Building comply with applicable code at the time of surrender, including but not limited to removal of wires located in risers and plenums without raceways or conduits; (ii) they were made without the consent of Landlord; or (iii) Landlord notified Tenant that removal would be required at the time Landlord approved Tenant’s plans therefor. Tenant’s Property shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that, if alteredany of Tenant’s Property is removed, then Tenant shall promptly repair any damage to the Premises or to the Building resulting from such removal. If ▇▇▇▇▇▇ abandons or surrenders the Premises or is dispossessed by process of law or otherwise, any of Tenant’s Property left on the Premises shall be returned deemed abandoned, and, at Landlord’s option, title shall pass to Landlord under this Lease as by a bill of sale. If Landlord elects to remove all or any part of such Tenant’s Property, the reasonable cost of removal, storage and disposal of Tenant’s Property, including, without limitation, repairing any damage to the Premises or Building caused by such removal, shall be paid by Tenant. On the Expiration Date, Tenant shall surrender all keys, parking cards and other means of entry to the Premises, the Building and the Project, and shall inform Landlord of the combinations and access codes for any locks and safes located in such altered condition the Premises. It is specifically agreed that any and all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring (“Telecom Wiring”) and any other components of Tenant’s Telecommunications System shall be removed at Tenant’s cost at the expiration of the Term, unless otherwise directed by ▇▇▇▇▇▇▇▇ has specifically requested in writing that the Telecom Wiring shall remain, whereupon the Telecom Wiring shall be surrendered with the Premises as ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 1 contract

Sources: Office Lease (Eargo, Inc.)

Surrender of Premises. At Upon the expiration of or termination of this Lease, the Lessee and Sublessee shall remove all trade fixtures, equipment, furnishings, furniture and other removable personal property (collectively “Lessee Property”) from the Leased Premises. Any improvements or Alterations, defined below, to the Leased Premises that are not Lessee Property, including but not limited to fixtures, shall at Lessor’s election become the property of Lessor and remain on the Leased Premises. Alternatively, at Lessee’s cost, Lessor reserves the right to require Lessee restore the Leased Premises to its condition as of the Commencement Date. Lessee shall repair any damage caused by removal of any property which it is permitted to remove and shall surrender the Leased Premises to the Lessor “broom clean” in as good order and condition as they were upon the Commencement Date, ordinary wear and tear and loss by fire or other unavoidable casualty excepted. Any personal property, including the Lessee Property, left on the Leased Premises after the expiration or sooner other termination of the this Lease Termmay be disposed of by Lessor, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by at ▇▇▇▇▇▇’s expense, in any manner and without any liability to the Lessee or Sublessee or any third-party, and title to the Lessee Property shall be deemed to be immediately vested in Lessor. Lessee shall reimburse Lessor for any such cost within thirty (30) days of receipt of Lessor’s invoice. Lessee shall indemnify, defend and hold Lessor harmless from any against any third-party claims, damages, judgments, or liabilities arising from or related to ▇▇), reasonable wear and tear excepted. Prior ▇▇▇▇’s actions or inactions with regard to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to any Lessee Property remaining in the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or Leased Premises after termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure ’s possession. (a) Absent a request to remove voice and data cablesrenew, wiring and communication lines and moveable trade fixtures and appliances and to redeliver during the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten final four (104) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk months of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored propertyLease’s Term, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, Lessor shall be paid permitted to show prospective tenants the TenantLeased Premises upon giving the Lessee and its Sublessee at least twenty-four (24) hours’ prior notice.

Appears in 1 contract

Sources: Lease Agreement

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. With respect to alterations or improvements to the Premises made by Tenant pursuant to Section 8, at Tenant’s request, Landlord shall specify, at the time it consents to such alteration or improvement, whether Tenant will be required to remove such alteration or improvement at the expiration of the Term. Tenant hereby agrees that if instructed by Landlord in writing prior to the end of the Term, Tenant shall remove, at its sole cost and expense, all cabling installed in the Premises or Building to Landlord. If upon expiration by or ten (10) days after termination on behalf of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord’s rights in respect of the charges for storage; and third, to security interest granted under Section 20. The provisions of this Section 21 shall survive the payment end of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement (Omtool LTD)

Surrender of Premises. At On or prior to the expiration or sooner termination of the Lease TermExpiration Date, unless otherwise agreed in writing by Landlord, Tenant shall return either remove all Mesa Equipment and all other property owned by the GTAT Parties from the Premises or move only the ASF Furnaces to Landlord in the same Storage Space, whereupon the obligations of Tenant under this Lease with respect to the condition in which received (or, if altered, then of the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior limited to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to leaving the Premises, and other than the Storage Space (which Tenant may continue to occupy pursuant to the Warehouse Lease), in broom clean condition. Tenant shall not have any obligation to remove any Alterations at the expiration or earlier termination of the Term. Tenant will promptly repair any damage resulting from their removalto the Premises caused by its or a member of the Tenant Group’s removal of the Tenant’s Property. In All property of Tenant or a member of the Tenant Group not removed on or before the last day of the Term (“Remaining Property”) shall be deemed abandoned. Landlord may sell all Remaining Property in a manner consistent with Article 9 of the Uniform Commercial Code; provided that, (i) no event further order of the Court (as defined in the Settlement Agreement) shall Tenant remove floor coverings; heatingbe required, ventilating (ii) thirty (30) days’ notice of any such sale shall be deemed to be commercially reasonable notice, and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed (iii) Landlord may provide notice of its intent to sell the Remaining Property prior to the end of the Term. Any proceeds received by Landlord from the sale of Remaining Property will be applied in writingthe following order of priority: (A) first, to reimburse Landlord for its costs incurred in connection with the removal and disposition of such Remaining Property; (B) second, to Apple Inc. to satisfy any unpaid portion of the Apple Claim (as defined in the Settlement Agreement); and (C) third, to the Tenant. Tenant will indemnify and hold Landlord harmless from any claims, loss, injury, liability, or damages (including reasonable attorneys’ fees) incurred by any Landlord Party as a result of persons or firms entering the Premises on Tenant's obligations under this paragraph shall survive the ’s behalf to remove Tenant’s Property following expiration or earlier termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver including the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantASF Furnaces.

Appears in 1 contract

Sources: Facility Lease Agreement (GT Advanced Technologies Inc.)

Surrender of Premises. At the expiration REMOVAL OF PROPERTY The voluntary or sooner termination other surrender of the this Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by T▇▇▇▇▇▇▇▇), or a mutual termination thereof, shall not work a merger, and shall at the option of the Landlord, operate as an assignment to it of any or all subleases or subtenancies affecting the premises. Upon the expiration of the term of this Lease, or upon any earlier, termination of this Lease, Tenant shall quit and surrender possession of the premises to Landlord in as good order And condition as the name are now or hereafter may he improved by Landlord or Tenant, reasonable wear and tear and repairs which are Landlord's obligation excepted. Prior , and shall without expense to such returnLandlord, Tenant shall remove its personal property or cause to be removed from the premises all debris and moveable rubbish, all furniture, equipment, business, trade fixtures and appliances and equipment that have other property owned by Tenant or installed or placed by Tenant at its expense in the premises whether or not been attached to the Premisespremises, and all similar articles of any other persons claiming under Tenant unless Landlord exercises its option to have any subleases or subtenancies assigned to it, and Tenant shall repair any all damage to the premises resulting from their such removal. In no event Whenever Landlord shall re-enter the premises as provided in Paragraph 28 hereof, or as otherwise provided in this Lease, any property of Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed not removed by Landlord in writing. Tenant's obligations under this paragraph shall survive Tenant upon the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination term of this Lease Tenant has not removed its personal property (or within forty-eight (48) hours after a termination by reason of Tenant's default), as provided in this Lease, shall be considered abandoned and moveable trade fixtures Landlord may remove any or all of such items and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place dispose of the same in storage, all any manner or store the same in public warehouse or elsewhere for the account and at the expense and risk of the Tenant. , and if Tenant shall reimburse Landlord for fail to pay the cost of storing any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, property after it has been stored for a period of thirty (30) days or more, Landlord may sell any or all of such property at a public or private sale, in such manner and at such times and places as Landlord, in it's sole discretion, may deem proper, without notice to or demand upon Tenant for the payment of all or any part of such charges or the removal of such property. Landlord shall apply the proceeds of such sale to be applied first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the cost of or charges for storagestoring any such property; and third, to the payment of any other amounts sums of money which may then or thereafter be due to Landlord from Tenant to Landlordunder any of the terms hereof; and fourth, the balance, if any, to Tenant. If T▇▇▇▇▇ fails to surrender the premises to Landlord on expiration of the term as required by this Paragraph, Tenant shall be paid hold Landlord harmless from all damages resulting from T▇▇▇▇▇'s failure to surrender the Tenantpremises, including, without limitation, claims made by a succeeding tenant resulting from T▇▇▇▇▇'s failure to surrender the premises.

Appears in 1 contract

Sources: Lease Agreement (Overhill Farms Inc)

Surrender of Premises. At A. Any Improvements to the Leased Premises, made by or at the request of Tenant shall remain upon the Leased Premises at the expiration or sooner earlier termination of this Lease and at such expiration shall become the Lease Termproperty of Landlord unless Landlord, with respect to any Improvements identified by Landlord pursuant to Section 7A as being extraordinarily expensive to remove or unlikely to be useful to a future tenant, shall give written notice to Tenant to remove such Improvements, alterations and additions. If Tenant shall be required or permitted by Landlord to remove any Improvements, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removalcaused by the installation or removal of any Improvement (including, without limitation, repairing and patching holes, replacing ceiling, floor and wall surfaces and repainting). Should Tenant fail to remove any such Improvements or to repair such damage when so required by Landlord pursuant to this Section 15, Landlord, at its option, its agents or contractors, may perform such work at Tenant's sole cost and expense, which shall be paid by Tenant to Landlord as Additional Rent concurrently with the next installment due of Additional Rent. In no event shall Tenant remove floor coverings; heatingaddition, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored propertytreat as abandoned personal property any alterations, without Improvements or additions to the Leased Premises that Tenant fails to remove in the manner provided herein, and may exercise any right set forth in Section 15B below, except that no notice to Tenant shall be required before the exercise of any right set forth in Section 15B. B. Any personal property that shall remain in the Leased Premises or any part thereof upon the expiration or earlier termination of this Lease shall be deemed to have been abandoned by Tenant and Landlord may retain it as Landlord's property or dispose of it in such manner as Landlord may deem fit. Should Tenant fail to dispose of such personal property upon expiration or any other termination of this Lease, Landlord may, at its option, dispose of it, at Tenant's sole cost and expense. If such personal property or any part thereof shall be sold by Landlord, after it has been stored for a period of thirty (30) days or more, Landlord shall receive and retain the proceeds of such sale to be applied first, to sale(s) as Landlord's property. The covenants contained in this Section 15 shall survive the cost expiration or earlier termination of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantthis Lease.

Appears in 1 contract

Sources: Lease Agreement (American Community Properties Trust)

Surrender of Premises. At Upon the expiration or sooner termination of the Lease Termthis Lease, Tenant shall return peaceably surrender the Premises to Landlord broom clean, in the same condition in which received (orgood order and condition, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable ordinary wear and tear and loss by fire (unless caused by Tenant, its agents, servants, employees or invitees) excepted, and shall deliver all keys to Landlord. Prior to such returnBefore surrendering the Premises, Tenant shall remove from the Premises and the Building all Alterations, all of its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered such other property as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell require the removal of, in such stored propertya way as not to damage the Premises or the Building, unless such damage shall be unavoidable, in which event Tenant shall advise Landlord in advance and in writing and in reasonable detail of what Tenant proposes to do that will cause such damage, and shall perform such removal so as to minimize any damage to the Premises and the Building. Without limiting the generality of the foregoing, if during the Term any portion of the Premises has been painted in a color different from its color on the date of this Lease, then Tenant shall repaint such portion in such initial color or shall pay Landlord’s reasonable cost of doing so. Tenant shall be responsible for all costs, expenses and damages incurred in such removal. All of the foregoing property not removed from the Premises upon the abandonment thereof or upon the termination of this Lease for any cause whatsoever shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Tenant, after it has been stored for a period of thirty (30) days Tenant or more, any other person and without any obligation to account therefor. Tenant shall pay Landlord upon demand all expenses incurred in connection with the proceeds disposition of such sale property. Upon termination of the Term, Tenant shall deliver to be applied first, Landlord all keys to the cost of sale; secondPremises. However, to the payment no surrender of the charges for storage; and third, to Premises shall be effected by Landlord’s acceptance of the payment keys or of the rent or by any other amounts which may then means whatsoever without Landlord’s written acknowledgment of such acceptance as surrender. Tenant shall not be due released from obligation in connection with surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant to Landlord; a written release. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the balancePremises, if anyincluding without limitation thereto, shall be paid to the Tenantany claims made by any succeeding tenant founded on such delay.

Appears in 1 contract

Sources: Lease Agreement (International Fight League, Inc.)

Surrender of Premises. At Tenant will surrender the Premises and the Parking Premises to Landlord at the expiration or sooner earlier termination of the this Lease Termin good order, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)and repair, reasonable wear and tear tear, permitted Alterations and damage by insured casualty or condemnation excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall will surrender all keys to the Premises to Property Manager or Building to Landlord at the place then fixed for Tenant's payment of Basic Rent. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises or on the Property. Tenant will at such time remove all of its personal property, equipment and trade fixtures from the Premises. All Alterations and Improvements placed by Tenant on the Premises shall remain and be the property of the Landlord unless Tenant is required to remove the same pursuant to a previous written agreement entered into between Landlord and Tenant prior to the installation or construction of the Alterations and Improvements. Tenant will promptly repair any damage to the Premises caused by such removal. Any and all such property not removed by Tenant, at Landlord's option, becomes Landlord's exclusive property and Landlord may dispose of such property at Tenant's sole cost and expense without further notice to or demand upon Tenant. If Tenant does not surrender the Premises in accordance with this Section, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) protect and hold harmless Landlord from and against any Claim resulting from Tenant's delay in so surrendering the Premises and the Parking Premises, including, without limitation, any Claim made by any succeeding occupant founded on such delay. If All property of Tenant not removed on or before the last day of the Term is deemed abandoned. Tenant appoints Landlord as Tenant's agent to remove, at Tenant's sole cost and expense, all of Tenant's property from the Premises upon expiration or ten (10) days after termination of this Lease Tenant has not removed and to cause its personal property transportation and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it storage for the Tenant, or place the same in storage's benefit, all at the expense sole cost and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored and Landlord will not be liable for a period of thirty (30) days damage, theft, misappropriation or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of loss thereof or in any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantmanner in respect thereto.

Appears in 1 contract

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

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. Lease Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises (or the relevant portion thereof) with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 13 and 14 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or Building elsewhere in the Buildings by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or by any of Landlord’s prior tenants (except Tenant herein). Additionally, at Landlord’s option, Landlord may require Tenant to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its remove such alterations, additions, improvements, trade fixtures, personal property and moveable trade fixtures and appliances and property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off-Premises Equipment) which may have been installed by Tenant (subject to the provisions of Section 7(a); however, Tenant shall only be required to remove any addition or improvement to the Premises or the Project if Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same has specifically required in storage, all writing at the expense time Landlord approves the plans and risk of specifications with respect thereto that the Tenantimprovement or addition in question must be removed. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for a period such items. The provisions of thirty (30) days or more, this Section 20 shall survive the proceeds of such sale to be applied first, to the cost of sale; second, to the payment end of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement (Omega Protein Corp)

Surrender of Premises. At the expiration or sooner earlier termination of the this Lease Termor Tenant's right of possession hereunder, Tenant shall return remove all Tenant's Property from the Premises, remove all Required Removables designated by Landlord and quit and surrender the Premises to Landlord Landlord, broom clean, and in the same good order, condition in which received (orand repair, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable ordinary wear and tear excepted. Prior If Tenant fails to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. of Tenant's obligations under this paragraph shall survive Property within one (1) day after the expiration or termination of this LeaseLease or Tenant's right to possession hereunder, Landlord, at Tenant's sole cost and expense, shall be entitled to remove and/or store such Tenant's Property and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall indemnify pay Landlord, upon demand, any and all expenses caused by such removal and all storage charges against such property so long as the same shall be in the possession of Landlord for all damages and losses suffered as a result or under the control of ▇▇▇▇▇▇'s failure Landlord. In addition, if Tenant fails to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to any Tenant's Property from the Premises or Building to Landlord. If upon expiration or storage, as the case may be, within ten (10) days after termination of this Lease Tenant has not removed written notice from Landlord, Landlord, at its personal property and moveable trade fixtures and appliances and equipmentoption, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, may deem all or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds part of such sale Tenant's Property to be applied first, to the cost of sale; second, to the payment of the charges for storage; have been abandoned by Tenant and third, to the payment of any other amounts which may then be due from Tenant title thereof shall immediately pass to Landlord; the balance, if any, shall be paid to the Tenant.. 24 27

Appears in 1 contract

Sources: Office Lease (Aht Corp)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in the condition in which it was received, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, with all Cables removed if requested by Landlord under the provisions of Section 25 below, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 above, respectively, shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building or Project (including Tenant’s Off-Premises Equipment, if any) by Tenant (but Tenant may not remove any such item that was paid for, in whole or in part, by Landlord unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment (including Tenant’s Off-Premises Equipment, if any), and furniture as Landlord may request; however, Tenant shall not be required to Landlord. If upon expiration remove any alteration, addition or ten (10) days after termination of this Lease Tenant improvement to the Premises or the Project if Landlord has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same specifically agreed in storage, all writing at the expense and risk of time Landlord consented to any such Alterations as provided in Section 8(a) that the Tenantalteration, addition or improvement in question need not be removed. Tenant shall reimburse reasonably repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, become the property of Landlord for any expense incurred without additional payment to Tenant or credit against Rent be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for a period such items. The provisions of thirty (30) days this Section 20 shall survive the expiration or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment earlier termination of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement (Hipcricket, Inc.)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear, condemnation and Casualty damage and repairs required to be completed by Landlord excepted, and shall surrender deliver to Landlord all keys to the Premises. Tenant may remove all trade fixtures, racks, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling, unless Landlord requires such removal of such wiring or cabling by written notice to Tenant at the time that Landlord consents to the installation thereof, or, upon written request, consents to such removal). Additionally, at Landlord. If upon expiration or ten (10) days after termination of this Lease ’s option, Tenant has not removed its shall remove such alterations, additions, improvements, trade fixtures, personal property and moveable trade fixtures and appliances and property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off-Premises Equipment, and any such items that were permitted to be installed by Tenant without Landlord’s prior written consent pursuant to Section 8(a) hereof) as Landlord maymay request: however, but need notTenant shall not be required to remove any of the foregoing (including any wiring, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenantconduit or cabling) which was installed by Landlord, or place the same in storagewhich Landlord, all at the expense and risk of time Tenant obtained consent to install the Tenantsame, did not specifically instruct Tenant in writing must be removed. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. Following the Permitted Holdover Period (if any), all items not so removed shell, at Landlord’s option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord’s rights in respect of the charges for storage; and third, to security inters granted under Section 20(c). The provisions of this Section 22 shall survive the payment end of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement (Orthofix Medical Inc.)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. Lease or Tenant’s right to possess the Premises, Tenant shall indemnify (a) deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises broom-clean with all improvements located therein in good repair and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control), free of any liens or encumbrances and free of Hazardous Materials placed on a timely basis. Tenant shall surrender the Premises during the Term; (b) deliver to Landlord all keys to the Premises and all access cards to the Project; (c) remove all unattached trade fixtures, furniture (including demountable walls), and personal property placed in the Premises or Building elsewhere in the Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord unless Landlord requires such removal); (d) not be required to Landlordremove any cabling (including conduit) installed in the Premises or elsewhere in the Project, including all connections for such cabling, however, such cabling shall be left in a neat and safe condition in accordance with the requirements of all applicable Laws, including the National Electric Code or any successor statute, and, if applicable, shall be terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box; and (e) remove such alterations, additions, improvements, and Tenant’s Off-Premises Equipment as Landlord may require and restore the areas surrounding such Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the installation of such Tenant’s Off-Premises Equipment; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by the removal of the items described above. If upon expiration or ten (10) days after termination Tenant fails to remove any property, including any of this Lease Tenant has not removed its personal the property and moveable trade fixtures and appliances and equipmentdescribed above, Landlord may, but need notat Landlord’s option, remove ▇▇▇▇▇▇’s personal property and hold it for the (1) deem such items to have been abandoned by Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items may be appropriated, sold, stored, destroyed, or place the same otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord’s rights in storage, all at the expense and risk respect of the Tenant. security interest granted hereunder or otherwise, (2) remove such items, perform any work required to be performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for any expense incurred expenses which Landlord may incur in effecting compliance with Tenant’s obligations hereunder (including collection costs and attorneys’ fees), plus interest thereon at the Default Rate, or (3) elect any of the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. Notwithstanding the requirements of clause (5) above to the contrary, Tenant shall not be required to remove any alterations, installations or improvements constructed inside the Premises as part of the initial Work which do not exceed or differ in any material respect from customary, standard type of installations or improvements for general, executive and administrative offices in comparable buildings in the submarket in which the Building is located; however, Tenant may be required by Landlord to remove any non-standard alterations, additions or improvements, including laboratories, server rooms, data centers, computer rooms, specialty ceilings, or any items that would have above-average demolition costs (“Non-Standard Alterations”).Further, and notwithstanding anything in connection with such removal this Lease to the contrary, in all cases Tenant shall be required to remove, and storage. Landlord shall have to restore the right to sell such stored propertyPremises or Project, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied firstas applicable, to their previous condition, any alterations or relocations of base-Building’s Systems, any improvements or signage incorporating Tenant’s name or logo, internal stairwells, vaults, raised flooring, any alteration, improvement or equipment not complying with Laws, private offices or other enclosures smaller than 10 feet by 12 feet, and, unless Landlord has expressly stated otherwise in writing, all of Tenant’s Off-Premises Equipment, including any supplemental HVAC equipment, rooftop equipment, etc. (all such items in this sentence being “Mandatory Removal Items”). The provisions of this Section 21 shall survive the cost of sale; second, to the payment end of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement (Mimecast LTD)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 15 and 16 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that no Event of Default then exists under this Lease, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant’s Off-Premises Equipment) as Landlord requests; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project for which Landlord. If upon ’s approval was obtained unless Landlord has specifically stated in writing to Tenant at the time of providing its approval to the installation of such improvement or addition that the improvement or addition in question must be removed at the expiration or ten (10) days after earlier termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the TenantLease. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. All items not so removed shall, at Landlord’s option, be deemed to have 21 Approved Texas Industrial Lease Form Based On Master Lease Version 22 been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord’s rights in respect of the charges for storage; and third, to security interest granted under Section 21. The provisions of this Section 22 shall survive the payment end of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement (Immatics N.V.)

Surrender of Premises. At On the expiration last day of the Term of this Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair, ordinary wear and tear excepted, consistent with Lessee's duty to make repairs as herein provided. Prior to the last day of the Lease TermTerm or the date of sooner termination thereof, Tenant Lessee and Lessor shall return arrange for a joint inspection of the Premises. On or before the last day of the Term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its merchandise and trade fixtures and equipment from the Premises, and all property not removed shall be deemed abandoned. In such event, Lessee hereby appoints Lessor its agent to remove all property of Lessee from the Premises upon termination of this Lease and to Landlord cause its transportation and storage for Lessee's benefit, all at the sole cost and risk of Lessee, and Lessor shall not be liable for damage, theft, misappropriation or loss thereof, nor shall Lessor be liable in the same condition any manner in which received (orrespect thereto. Lessee shall pay all costs and expenses of such removal, if altered, then transportation and storage. Lessee shall leave the Premises shall be returned in such altered good order, condition unless otherwise directed by ▇▇▇▇▇▇▇▇)and repair, reasonable wear and tear and damage from fire and other casualty not caused by Lessee excepted. Prior Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to such returnremoval, Tenant shall remove its personal transportation or storage of abandoned property and moveable with respect to restoring said Premises to good order, condition and repair. All modifications, improvements, alterations, additions and fixtures, other than Lessee's trade fixtures and appliances equipment, which have been made or installed by either Lessor or Lessee upon the Premises shall remain the property of Lessor and equipment that have shall be surrendered with the Premises as a part thereof. If the Premises shall not been attached to be surrendered promptly at the end of the Term or sooner termination thereof, Lessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the Premises to Lessor at the place then fixed for the payment of rent and shall repair inform Lessor of combinations on any damage resulting from their removalvaults, locks and safes left on the Premises. In no the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new lease, but with Lessor's written consent, Lessee shall Tenant remove floor coverings; heatingbe deemed to be occupying the Premises as a tenant from month-to-month, ventilating subject to all the provisions, conditions and air conditioning equipment; lighting equipment or fixtures; or floorobligations of this Lease insofar as the same can be applicable to a month-to-month tenancy, window or wall coverings unless otherwise specifically directed except that the Annual Minimum Rent, Percentage Rent and Additional Rent shall be escalated to the greater of (i) one hundred fifty percent (150%) of the Annual Minimum Rent, Percentage Rent and Additional Rent payable by Landlord in writing. Tenant's obligations under this paragraph shall survive Lessee immediately prior to the expiration or termination of this Lease, or (ii) Lessor's then current rent for the Premises according to Lessor's then current rental rate schedule for prospective tenants. Tenant In the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new Lease and without Lessor's written consent, Lessee shall indemnify Landlord be deemed to be occupying the Premises without claim of right, and Lessee shall pay Lessor for all damages and losses suffered as a result costs arising out of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver loss or liability resulting from delay by Lessee in so surrendering the Premises as above provided and shall pay a charge for each day of occupancy in an amount equal the greater of (i) double the Annual Minimum Rent, Percentage Rent and Additional Rent (on a timely daily basis. Tenant shall surrender all keys ) then currently being charged by Lessor on new leases in the Shopping Center for space similar to the Premises or Building (ii) double the Annual Minimum Rent, Percentage Rent and Additional Rent (on a daily basis) payable by Lessee under this Lease immediately prior to Landlord. If upon the expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantLease.

Appears in 1 contract

Sources: Shopping Center Lease (Arizona Furniture Co)

Surrender of Premises. At On the expiration Expiration Date, Tenant shall quit and surrender the Demised Premises broom clean, and in good condition and repair, together with all alterations, fixtures, installations, additions and improvements which may have been made in or sooner attached on or to the Demised Premises, including but not limited to an aggregate of at least nine (9) lifts, electric or hydraulic but exclusive of any furniture and equipment, other than lifts, which replaced damaged or obsolete items (except if such items were damaged due to the gross negligence or intentional acts of Tenant.) Landlord, at its option, may require Tenant to restore the Demised Premises to the condition the Demised Premises was in on the Commencement Date in accordance with Section 6.03(b). Any personal property of Tenant which shall remain in or on the Demised Premises after the termination of the Lease Termand the removal of Tenant from the Demised Premises, may, at the option of Landlord and without notice, be deemed to have been abandoned by Tenant and may either be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit, or if Landlord shall return the Premises give written notice to Landlord in the same condition in which received (orTenant to such effect, if altered, then the Premises such property shall be returned in removed by Tenant, at Tenant's cost and expense; and Landlord shall not be responsible for any loss or damage occurring to any such altered condition unless otherwise directed property owned by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writingTenant. Tenant's obligations obligation under this paragraph Section shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantExpiration Date.

Appears in 1 contract

Sources: Sublease Agreement (United Auto Group Inc)

Surrender of Premises. At the Upon expiration or sooner termination of this Lease or termination of Tenant's right of possession of the Lease TermPremises, or any part thereof, Tenant shall return surrender and vacate the Premises immediately and deliver possession thereof to Landlord in the same condition in which received (ora clean, if alteredgood and tenantable condition, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable ordinary wear and tear excepted. Prior ; and Tenant hereby grants to Landlord full and free license to enter into and upon the Premises in such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to event without further notice beyond the Premisesnotice required under Section 13.01, and shall repair with or without process of law to repossess Landlord of the Premises as of Landlord's formers estate and to expel or remove Tenant and any damage resulting from their removalothers who may be occupying or be within the Premises and to remove any and all property therefrom, using such force as may be necessary, without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer, and without relinquishing Landlord's rights to Rent or any other right given to Landlord hereunder or by operation of law. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive Upon the expiration or termination of this Lease. , at Landlord's election, Tenant shall indemnify Landlord for remove all damages alterations, additions, improvements, installments and losses suffered decorations from the Premises, except alterations effected pursuant to the Work Letter attached hereto as a result of ▇▇▇▇▇▇'s failure Exhibit E. Tenant shall be entitled to remove voice and data cables, wiring and communication lines and from the Premises all moveable trade fixtures and appliances other personal property of Tenant (other than floor coverings), provided Tenant shall immediately repair all damage resulting from such removal and to redeliver shall restore the Premises on a timely basisto its original condition, ordinary wear and tear excepted. In the event possession of the Premises is not immediately delivered to Landlord or if Tenant shall surrender fail to remove all keys of Tenant's moveable personal property, as aforesaid, Landlord may remove any of such property therefrom without any liability to Tenant, and at Tenant's expense. All moveable personal property which may be removed from the Premises by Landlord shall be conclusively presumed to have been abandoned by Tenant, and title thereto shall pass to Landlord without any cost or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property credit therefor, and moveable trade fixtures and appliances and equipment, Landlord may, but need notat its option and at Tenants expense, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds store and/or dispose of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, property. Nothing contained in this Article 14 shall be paid deemed to the Tenantlimit Landlord's lien rights granted pursuant to Section 13.01.D hereinabove.

Appears in 1 contract

Sources: Sublease Agreement (Success Bancshares Inc)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed al▇ ▇▇ its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building to by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord. If upon expiration or ten (10) days after termination of this Lease 's option, Tenant has not removed its shall remove such alterations, additions, improvements, trade fixtures, personal property and moveable trade fixtures and appliances and property, equipment, wiring, cabling, and furniture as Landlord maymay request; however, but Tenant shall not be required to remove any addition or improvement to the Premises if Landlord has specifically agreed in writing that the improvement or addition in question need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenantnot be removed. Tenant shall reimburse Landlord for any expense incurred repair all damage caused by such removal. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord's rights in respect of the charges for storage; and third, to security interest granted under Section 20. The provisions of this Section 21 shall survive the payment end of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantTerm.

Appears in 1 contract

Sources: Lease Agreement (Institutional Equity Holdings Inc /Nv/)

Surrender of Premises. At the expiration of the Term or sooner earlier termination of the Lease Termthis Lease, Tenant shall return surrender the Premises to Landlord broom swept, in the same first-class condition in which received and repair (ordamage by acts of God, if alteredcasualty, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable and normal wear and tear excepted), but with all interior walls, appliances, cabinetry, exclusive use bathrooms and carpets and floors cleaned, and free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises for which Tenant is liable or responsible for pursuant to this Lease and released of all Hazardous Materials Permits (collectively, “Hazardous Materials Operations”). Prior At least six (6) months prior to such returnthe Expiration Date, Tenant shall remove its personal property deliver to Landlord a written description of the actions proposed to be taken by Tenant or required by any governmental authority in order to surrender the Premises (including removal of any Specialty Alterations and moveable trade fixtures any other Tenant’s Property which Tenant is obligated to remove) at the expiration or earlier termination of the Term, free from any residual impact from the Hazardous Materials Operations and appliances otherwise released for unrestricted use and equipment that have not been attached occupancy (the “Surrender Plan”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf Tenant or any Tenant Party with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall repair any damage resulting from their removalbe subject to the review and approval of Landlord’s environmental consultant, such approval not to be unreasonably withheld or delayed. In no event shall Tenant remove floor coverings; heatingconnection with the review and approval of the Surrender Plan, ventilating and air conditioning equipment; lighting equipment or fixtures; or floorupon the request of Landlord, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify deliver to Landlord for all damages and losses suffered or its consultant such additional non-proprietary information concerning the Hazardous Materials Operations as a result of ▇▇▇▇▇▇'s failure to remove voice and data cablesLandlord or Landlord’s mortgagee shall reasonably request. On or before such surrender, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys deliver to Landlord evidence that the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property approved Surrender Plan shall have been satisfactorily completed and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right right, subject to sell such stored property, without notice to reimbursement at Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant.Premises and

Appears in 1 contract

Sources: Commercial Lease (Neurocrine Biosciences Inc)

Surrender of Premises. At the expiration or sooner termination No act by Landlord shall be deemed an acceptance of a surrender of the Lease TermPremises, Tenant shall return the Premises and no agreement to Landlord in the same condition in which received (or, if altered, then accept a surrender of the Premises shall be returned valid unless it is in such altered condition unless otherwise directed writing and signed by ▇▇▇▇▇▇▇▇), reasonable wear and tear exceptedLandlord. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive At the expiration or termination of this Lease. , Tenant shall indemnify deliver to Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on a timely basis. Tenant the Premises during the Term, broom-clean, reasonable wear and tear (except for any Taking or Casualty damage, as to which Section 13 and Section 14 shall surrender control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord). Further, Tenant must remove any and all wiring and cabling prior to the Expiration Date. Additionally, at Landlord. If upon expiration or ’s option, Tenant shall (not later than ten (10) days after the expiration or earlier termination of this Lease Tenant has not removed its the Lease) remove such alterations, additions (including stairs and bank vaults), improvements, trade fixtures, personal property and moveable trade fixtures and appliances and property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) to the extent Landlord maygave Tenant notice of such requirement in its Alterations Consent. All items required to be removed by Landlord and not so removed shall, but need notat Landlord’s option, remove ▇▇▇▇▇▇’s personal property be deemed to have been abandoned by Tenant and hold it for the Tenantmay be appropriated, sold, stored, destroyed, or place the same in storage, all at the expense and risk otherwise disposed of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, at Tenant’s cost without notice to Tenant, after it has been stored Tenant and without any obligation to account for such items; any such disposition shall not be considered a period strict foreclosure or other exercise of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment Landlord’s rights in respect of the charges for storage; and third, to security interest granted under Section 19. The provisions of this Section 20 shall survive the payment expiration or earlier termination of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the TenantLease.

Appears in 1 contract

Sources: Office Lease Agreement (Cross Country Healthcare Inc)

Surrender of Premises. At Upon the expiration or termination of this Lease, Tenant agrees to quit and surrender the Premises, clean and free of any and all hazardous or toxic substances, hazardous wastes, infectious wastes, solid waste, pollutants and contaminants which were released, spilled or discharged into or on the Project during the Tenant's tenancy and in the same condition and repair as on the date of execution hereof, and Tenant shall remove the Casino and, at the discretion of Landlord, any other improvements, fixtures or structures installed or located within the Premises or any public right of way at Tenant's sole cost and expense and without expense to Landlord. If Tenant shall fail to remove any of Tenant's property within 30 days after the receipt of notice of termination or expiration of this Lease, Tenant's property shall, at the option of Landlord, either be deemed abandoned and become the exclusive property of Landlord, or Landlord shall have the right to remove Tenant's property at the expense of Tenant, without further notice to or demand upon Tenant and hold Tenant responsible for any and all charges and expenses incurred by Landlord therefor. If the Premises is not surrendered as and when aforesaid, Tenant shall indemnify Tenant against all loss or liability resulting from the delay of Tenant in so surrendering the same including without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligations under this Section shall survive the expiration or sooner termination of the Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 1 contract

Sources: Lease and Development Agreement (Showboat Inc)

Surrender of Premises. At the expiration or sooner termination of the Lease Term, Tenant shall return will surrender the Premises to Landlord at the expiration or earlier termination of this Lease in good order, condition and repair, reasonable wear and tear, Casualty (subject to Landlord’s rights with respect to Tenant Damage) and Taking excepted, and will surrender all keys to the Premises to Property Manager or to Landlord at the place then fixed for Tenant’s payment of Base Rent or as Landlord or Property Manager otherwise directs. Tenant will also inform Landlord of all combinations on locks, safes and vaults, if any, in the same condition in which received (orPremises or on the Property. Tenant will at such time remove all of its property from the Premises and, if alteredLandlord so requires as permitted under this Lease, then all required Alterations and improvements Tenant placed on the Premises. Tenant will promptly repair any damage to the Premises shall be returned in or the Property caused by such altered condition unless otherwise directed by removal. Tenant releases and will indemnify, protect, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any Claim resulting from ▇▇▇▇▇▇▇▇)’s failure or delay in surrendering the Premises in accordance with this section, reasonable wear and tear excepted. Prior including, without limitation, any Claim made by any succeeding occupant founded on such delay; provided that as a condition to such returnobligation to indemnify, protect, defend and hold harmless, Landlord shall provide advance written notice to Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair of any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by binding obligation of Landlord would result in writing. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. Tenant shall indemnify Landlord ’s liability for all consequential damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to ’s holding over beyond the Term. All property of Tenant not removed on or before the last day of the Term is deemed abandoned. Landlord may remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver all such abandoned property from the Premises on and cause its transportation and storage in a timely basis. Tenant shall surrender all keys to public warehouse or elsewhere at the Premises or Building to Landlord. If upon expiration or ten (10) days after termination cost and for the account of this Lease Tenant has not removed its personal property Tenant, and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove if ▇▇▇▇▇▇’s personal ▇ fails to pay the storage charges therefor Landlord may cause such property and hold it for the Tenant, to be sold or place the same in storage, all at the expense and risk otherwise disposed of the without further obligation or any accounting to Tenant. Tenant shall reimburse Landlord will not be liable for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored propertydamage, without notice to Tenanttheft, after it has been stored for a period of thirty (30) days misappropriation or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment loss of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenantsuch property or in any manner in respect thereto.

Appears in 1 contract

Sources: Industrial/Warehouse Lease Agreement (Insignia Systems Inc/Mn)

Surrender of Premises. The Lease is hereby modified and amended to add the following provision: a. At the expiration or sooner termination of the this Lease Termby lapse of time or otherwise, or upon termination of Tenant's right of possession without terminating this Lease, Tenant shall return surrender possession of the Premises to Landlord in the same condition in which received (or, if altered, then and deliver all keys to the Premises shall be returned to Landlord and make known to Landlord the combination of all locks or vaults 2 then remaining in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall, subject to the following subparagraphs, return the Premises and all equipment and fixtures of Landlord therein to Landlord in as good condition as when Tenant originally took possession, wear and tear as described below and damage covered by insurance proceeds which insurance proceeds were received by Landlord or used to reduce the outstanding debt on the Premises excepted, failing which Landlord may restore the Premises and such equipment and fixtures to such condition and Tenant shall repair pay the cost thereof to Landlord on demand. Landlord and Tenant agree that it is the intent of this Lease that Tenant return the improvements in as good a condition as the improvements were at the beginning of the Term except for the wear and tear that would result even if all periodic and preventative maintenance that is expected to be performed in a first class office facility were timely performed for the improvements. b. At the sole option of Landlord, Tenant shall leave in place any floor covering without compensation to Tenant, or Tenant shall remove any floor covering and shall remove all fastenings, paper, glue, bases or other vestiges and restore the floor surface to its previous condition, or shall pay to Landlord upon demand the cost of restoring the floor surface to such condition. Tenant shall also remove Tenant's furniture, machinery, safes, trade fixtures and other items of movable personal property of every kind and description from the Premises and restore any damage resulting from their removal. In to the Premises caused thereby, such removal and restoration to be performed prior to the expiration of the Term or no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment later than three (3) days following the earlier termination of this Lease or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's right of possession, whichever might be earlier (and upon prior written notice to Landlord, in the event such removal occurs after termination of this Lease or Tenant's right to possession). c. All obligations of Tenant under this paragraph shall survive the expiration of the Term or sooner termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 1 contract

Sources: Lease Agreement (Consumers Us Inc)

Surrender of Premises. At the expiration or sooner termination of the Lease TermSection 15.01. Tenant shall, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premises, and shall repair any damage resulting from their removal. In no event shall Tenant remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive upon the expiration or termination of this Lease for any reason whatsoever, surrender to Landlord the buildings, structures and building equipment then upon the Demised Premises, together with all alterations and replacements thereof then on the Demised Premises, in the same good order, condition and repair, that the Demised Premises are in on the completion of the construction contemplated hereby, except for reasonable and ordinary wear and tear. (Wherever the term “reasonable and ordinary wear and tear” is used in this Lease. , it should be understood to contemplate that Tenant shall indemnify Landlord for all damages and losses suffered as will have performed a result reasonable maintenance program during the term hereof.) At the expiration of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. reason whatsoever, Landlord shall have the right right, at Landlord’s sole cost and expense, to sell inspect the Demised Premises through an independent licensed engineer and/or contractor in order to determine that all portions of the Demised Premises are in such stored propertygood condition, ordinary wear and tear excepted. Any repairs deemed necessary in the opinion of the inspecting agent may be paid for out of proceeds of the Security Deposit. Title to all of Tenant’s trade fixtures, furniture and equipment (other than building equipment) installed in the Demised Premises shall remain in Tenant, and upon expiration or other termination of this Lease, the same may and, upon the demand of Landlord, shall be removed and any resultant damage to the Demised Premises shall be repaired, by and at the expense of Tenant; provided, however, that if, upon any such expiration or other termination of this Lease, Tenant shall be delinquent or in default under any of the provisions hereof, Tenant shall not, without notice Landlord’s prior written consent, be entitled to Tenantremove any such trade fixtures, after it has furniture or equipment unless and until such delinquency or default shall have been stored for a period of cured, and if such delinquency or default shall not have been cured by Tenant within thirty (30) days or more, after the proceeds date of such sale to expiration or termination, all such trade fixtures, furniture and equipment of Tenant shall, at Landlord’s option, be applied first, to and become the cost absolute property of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 1 contract

Sources: Lease Agreement (Asbury Automotive Group Inc)

Surrender of Premises. All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. At the expiration or sooner earlier termination of the this Lease Term, Tenant shall return the Premises to Landlord in the same condition in which received (or, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), reasonable wear and tear excepted. Prior to such returnor Tenant’s right of possession, Tenant shall remove its personal property and moveable trade fixtures and appliances and equipment that have not been attached to Tenant’s Removable Property (defined below) from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage by casualty excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed for the benefit of Tenant’s use of the Premises and located in the Premises or other portions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair any damage resulting from their removal. In no event costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (C) Tenant’s personal property; provided, however, with regard to clauses (A) and (B), Tenant shall not be required to remove same unless (1) such items were installed after the Commencement Date, and (2) to the extent same required Landlord’s consent before installation, Landlord notified Tenant at the time of consent that Tenant would be required to remove floor coverings; heating, ventilating and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed by Landlord in writing. Tenant's obligations under this paragraph shall survive the expiration or them upon termination of this Lease. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant shall indemnify Landlord for all damages and losses suffered as a result to leave any of ▇▇▇▇▇▇'s failure its Special Installations in the Premises. If Tenant fails to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to redeliver remain in the Premises on a timely basis. Tenant shall surrender all keys to Premises) within five (5) Business Days after the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not removed its personal property obligated) to remove and moveable trade fixtures and appliances and equipment, store Tenant’s Removable Property. Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it shall not be responsible for the value, preservation or safekeeping of Tenant, or place the same in storage, all at the expense and risk of the Tenant’s Removable Property. Tenant shall reimburse Landlord pay Landlord, upon demand, the reasonable expenses and storage charges incurred for any expense incurred by Landlord in connection with such removal and Tenant’s Removable Property. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises or storage. Landlord shall have , as the right to sell such stored propertycase may be, without notice to Tenant, after it has been stored for a period of within thirty (30) days after written notice, Landlord may deem all or more, the proceeds any part of such sale Tenant’s Removable Property to be applied firstabandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Premises, Tenant’s Removable Property shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least thirty (30) days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to five (5) Business Days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the cost of sale; secondExpiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, Premises) shall be paid to removed by Tenant on or before such earlier date of termination. Tenant shall repair damage caused by the installation or removal of Tenant’s Removable Property.

Appears in 1 contract

Sources: Office Lease (Pier 1 Imports Inc/De)

Surrender of Premises. At 35.1 Upon the expiration or sooner earlier termination of the Lease Termthis Lease, Tenant shall return promptly surrender possession of the Premises to Landlord in good order and condition and in conformity with the same condition in which received (orapplicable provisions of this Lease, if altered, then the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇), excepting only reasonable wear and tear exceptedtear, casualty and condemnation. Prior to such return, Tenant shall remove its personal property surrender to Landlord all keys, key cards, security and moveable trade fixtures and appliances and equipment that have not been attached access codes to the Premises and make known to Landlord the combination of all combination locks which Tenant is required to leave on the Premises. For purposes of this Lease, the phrase “reasonable wear and shall repair any damage resulting from their removal. In tear” constitutes that normal, gradual deterioration which occurs due to aging and ordinary use of the Premises despite reasonable and timely maintenance and repair, but in no event shall the aforementioned phrase excuse Tenant remove floor coverings; heatingfrom its duty to keep the Premises in good order and condition and otherwise usable, ventilating serviceable and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed tenantable as required by Landlord in writing. Tenant's obligations under this paragraph shall survive Lease. 35.2 Upon the expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, remove (A) all of Tenant’s Work and Alterations that Tenant is required to remove pursuant to Section 10.2 of this Lease and (B) all of Tenant’s Property. Tenant shall indemnify Landlord for all damages not remove Landlord’s Work (if any). Tenant shall, at its sole cost and losses suffered as a result expense, repair any damage caused by the removal of ▇▇▇▇▇▇'s failure Tenant’s Work, Alterations and Tenant’s Property. If Tenant fails to remove voice any of the foregoing items or to perform any required repairs and data cablesrestoration, wiring such failure shall be deemed a holding over by Tenant under Section 36 hereof, and communication lines Landlord may (without liability to Tenant for loss thereof), at Tenant’s sole cost and moveable trade fixtures expense and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building in addition to Landlord. If ’s other rights and remedies under this Lease, at law or in equity: (1) remove and store such items; and/or (2) upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without prior written notice to Tenant, after it has been stored sell such items at private or public sale for a period of thirty (30) days or more, such price as Landlord at its discretion may obtain. Landlord shall apply the proceeds of any such sale to be applied firstany amounts due to Landlord under this Lease from Tenant (including Landlord’s reasonable attorneys’ fees and other costs incurred in the removal, to the cost storage and/or sale of sale; second, to the payment of the charges for storage; such items and third, to the payment performance of any other amounts which may then be due from Tenant required repairs and restoration), with any remainder to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 1 contract

Sources: Lease Agreement (Aldeyra Therapeutics, Inc.)

Surrender of Premises. At Upon the expiration or sooner termination of the Lease Termterm of this Lease, Tenant shall return quit and surrender the Premises to Landlord Leased Premises, in as good condition and repair as they were at the same condition in which received (or, if altered, then commencement of the Premises shall be returned in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇)term, reasonable wear and tear exceptedexpected, together with all keys and combinations to locks, all improvements, alterations, and additions, except personal property and other trade fixtures, furnishings and equipment that Tenant may remove pursuant to the terms hereof, all of which shall thereupon become the property of Landlord without any claim by Tenant therefor, but the surrender of such property to Landlord shall not be deemed to be a payment of rent or in lieu of any rent reserved hereunder; however, notwithstanding the generality of the foregoing provisions, Landlord shall have the right to require Tenant, upon written notice given any time during the term of within thirty (30) days thereafter, to remove any improvements, alterations or additions made by or on behalf of Tenant and to repair any damage to the Building caused by such removal. Prior to such returnBefore surrendering the Leased Premises, Tenant shall remove its all of Tenant's said personal property and moveable unattached movable trade fixtures and appliances fixtures, furnishings and equipment that have and if Tenant fails to do so said property shall be deemed abandoned and become the exclusive property of Landlord; but the retention or disposition of such abandoned property by Landlord shall not been attached to the Premises, and shall repair act as a release or satisfaction of any damage sustained by Landlord on account of Tenant's failure to remove the same as required by this section. If the Leased Premises be not surrendered as and when aforesaid, Tenant shall indemnify Landlord against all loss or liability resulting from their removal. In no event shall the delay by Tenant remove floor coverings; heatingin so surrendering the same, ventilating and air conditioning equipment; lighting equipment or fixtures; or floorincluding, window or wall coverings unless otherwise specifically directed without limitation, any claims made by Landlord in writingany succeeding occupant founded on such delay. Tenant's obligations under this paragraph Article shall survive the expiration or sooner termination of the term of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 1 contract

Sources: Lease Agreement (Sheffield Pharmaceuticals Inc)

Surrender of Premises. At 28.1 No act or thing done by Landlord or its agents during the expiration Term shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless the same be made in writing and signed by Landlord. 28.2 On the Expiration Date or upon the sooner termination of this Lease or upon any re-entry by Landlord upon the Lease TermPremises, Tenant shall return shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good order, condition and repair except for (a) ordinary wear, tear, (b) damage by fire or other insured casualty and (c) any other repairs which are the same condition in obligation of Landlord under the provisions of this Lease, together with all improvements which received (or, if altered, then have been made upon the Premises shall be returned (except as otherwise provided for in such altered condition unless otherwise directed by ▇▇▇▇▇▇▇▇this Lease and subject to the provisions of Articles 11 and 12), reasonable wear and tear excepted. Prior to such return, Tenant shall remove its from the Premises and Building all of Tenant’s personal property and moveable trade fixtures and appliances and equipment that have not been attached to the Premisespersonal effects of all persons claiming through or under Tenant, and shall promptly pay Landlord the cost to repair all damage to the Premises and the Building occasioned by such removal. 28.3 Any Alterations or any damage resulting from their removal. In no event personal property of Tenant which shall Tenant remove floor coverings; heating, ventilating remain in the Premises after the termination of this Lease shall be deemed to have been abandoned and air conditioning equipment; lighting equipment or fixtures; or floor, window or wall coverings unless otherwise specifically directed either may be retained by Landlord as its property or may be disposed of, at Tenant’s expense, in writing. such manner as Landlord may determine; provided, that, no cash or cash equivalent left behind in the Premises by Tenant shall be deemed abandoned. 28.4 In the event Tenant remains in possession of the Premises after the termination of this Lease without the consent of Landlord, Tenant's , at the option of Landlord and without waiving the liability of Tenant, shall be deemed to be occupying the Premises as a tenant from month-to-month, at a monthly rental equal to one hundred fifty percent (150%) the Base Rent and one hundred percent (100%) of the Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease, insofar as the same are applicable to a month-to-month tenancy. 28.5 Tenant’s obligations under this paragraph Article 28 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to remove voice and data cables, wiring and communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender all keys to the Premises or Building to Landlord. If upon expiration or ten (10) days after termination of this Lease Tenant has not removed its personal property and moveable trade fixtures and appliances and equipment, Landlord may, but need not, remove ▇▇▇▇▇▇’s personal property and hold it for the Tenant, or place the same in storage, all at the expense and risk of the Tenant. Tenant shall reimburse Landlord for any expense incurred by Landlord in connection with such removal and storage. Landlord shall have the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first, to the cost of sale; second, to the payment of the charges for storage; and third, to the payment of any other amounts which may then be due from Tenant to Landlord; the balance, if any, shall be paid to the Tenant.

Appears in 1 contract

Sources: Lease (Franklin Credit Management Corp)