Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 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. 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 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 as by a b▇▇▇ of sale.
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. Upon the termination, whether by lapse of time Expiration Date or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the 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 the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant’s right to possession hereunder, Landlord, at Tenant’s sole its cost and expensesexpense, shall be entitled 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 and/or store such Tenant’s Property and Landlord shall be all Lines installed by or for Tenant that are located within the Premises or, in no event be responsible for the valuecase of Lines exclusively serving the Premises, preservation or safekeeping thereof. Tenant shall pay Landlordanywhere in the Project, upon demandincluding, any without limitation, the Building plenum, risers and all reasonable expenses conduits, and repair all damage to the Project caused by such removal as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and all storage charges against repair such property so long as damage on or before the same Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in possession the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord or under the control of (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. In addition, if All personal property of Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordnot removed hereunder shall be deemed, at its Landlord’s option, may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and title thereof shall immediately pass Landlord may, without any liability to Landlord under this Lease as 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 same in any manner permitted by a b▇▇▇ of salelaw.
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. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the LeaseLease Term, Tenant will at once surrender possession and vacate shall return the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord in good the same condition and repairin which received (or, ordinary 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; conditions existing because 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 Tenant’s this Lease. Tenant shall indemnify Landlord for all damages and losses suffered as a result of ▇▇▇▇▇▇'s failure to perform maintenanceremove voice and data cables, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear wiring and tear.” communication lines and moveable trade fixtures and appliances and to redeliver the Premises on a timely basis. Tenant shall surrender to Landlord all keys to the Premises and make known or Building 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 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. In addition, if Tenant fails to remove any Tenant’s Property from the Premises If upon expiration or storage, as the case may be, within ten (10) days after written 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 from Landlordto Tenant, Landlordafter it has been stored for a period of thirty (30) days or more, at its option, may deem all or any part the proceeds of such Tenant’s Property sale to have been abandoned by Tenant and title thereof shall immediately pass be applied first, to Landlord under this Lease as by a b▇▇▇ 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. Upon the terminationexpiration of this Lease pursuant to its terms (or, whether by lapse in the event of time or otherwise, or upon any a termination of Tenant’s right to possession without termination this Lease on a date other than the scheduled Expiration Date of the this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements as promptly as commercially practicable thereafter (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofbut in any event within fifteen (15) days thereafter)), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord the Premises, including all keys improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of any Site, for purposes of confirming the environmental condition of any such Site and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage 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 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 by Landlord. 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 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 as by a b▇▇▇ of sale.
Appears in 3 contracts
Sources: Master Lease Agreement (Cracker Barrel Old Country Store, Inc), Agreement for Purchase and Sale of Real Property (Cracker Barrel Old Country Store, Inc), Master Lease Agreement (Cracker Barrel Old Country Store, Inc)
Surrender of Premises. Upon Tenant shall, upon expiration or sooner termination of this Lease, surrender the terminationPremises to Landlord in the same condition as existed on the date Tenant originally took possession thereof, whether by lapse including, but not limited to, all interior walls cleaned, all interior painted surfaces repainted in the original color, all holes in walls repaired, all carpets shampooed and cleaned, and all floors cleaned, waxed, and free of any Tenant-introduced marking or painting, all to the reasonable satisfaction of Landlord and in compliance with the provisions of Paragraphs 11, 12, and 13. Tenant shall remove all of its debris from the Project. At or before the time or otherwiseof surrender, or upon any termination Tenant shall 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 right Signs, Paragraph 43.4 with respect to possession without 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 and restoration work prior to the expiration or upon the earlier termination of this Lease. At Tenant’s option, Tenant may elect to have Landlord perform such work provided that Landlord and Tenant agree upon the costs to perform such removal, repair and restoration work and Tenant pays to Landlord the amount of such costs prior to the expiration or earlier termination of the Lease. If the Premises are not so surrendered (or the costs of the removal, Tenant will repair and restoration work so paid, if applicable) at once surrender possession and vacate the Premisesexpiration or sooner termination of this Lease, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required the provisions of Paragraph 26 shall apply. All keys to remove pursuant to Section 8 hereof), the Premises or any part thereof shall be surrendered to Landlord in good condition upon expiration or sooner termination of the Term. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and repairshall meet with Landlord for a joint inspection of the Premises at the time of vacating, ordinary wear and tear excepted; conditions existing because 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 perform maintenancegive 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 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 replacements as required sooner termination of Tenant under this Lease shall not be deemed “reasonable wear become the personal property of Landlord. Tenant hereby relinquishes all right, title and tear.” interest in the personal property and agrees that Landlord may dispose of the personal property as it sees fit in its sole discretion. Tenant shall surrender 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 any and all Losses, whether now known or unknown, arising out of or relating to Landlord all keys to disposal of personal property remaining in 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 expiration or sooner termination of this Lease, or 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. 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 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 as by a b▇▇▇ of sale.
Appears in 3 contracts
Sources: Lease (SVMK Inc.), Lease (SVMK Inc.), Sublease (Zuora Inc)
Surrender of Premises. Upon the termination, whether by lapse of time expira- tion or otherwise, or upon any termination of Tenant’s right to possession without earlier termination of the LeaseTerm, Tenant will at once shall deliver up and surrender to Landlord possession and vacate of the Premises, together with including all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)alterations, to Landlord additions, improvements and fixtures, other than Tenant's trade fixtures, in good order, condition and state of repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord deliver all keys to the Premises to the office of Landlord at the Shopping Center or as otherwise directed by Landlord. Tenant shall have fifteen (15) days after the date the Term of this Lease expires or earlier terminates to remove its personal property, trade fixtures; provided, however, that
(a) Tenant shall repair all damage to the Premises resulting from or arising out of such removal, (b) during such period Tenant shall perform and make known to Landlord be liable for all obliga-tions and condi-tions imposed on Tenant hereunder except for the explanation payment of all combination locksRent, which Tenant is permitted to leave on including, without limitation, maintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. Subject to The obligations set forth in the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after preceding sentence shall survive the termination of this Lease, or 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. Any property of 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. In addition, if Tenant fails to remove any Tenant’s Property not removed from the Premises within 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 storagedispose of any or all such property without liability to Tenant. In the event that Landlord elects to dispose of such property, as the case may beLandlord shall so notify Tenant, within and Tenant shall, no later than ten (10) days after written notice such notice, remove all such property from the Premises; provided, however, that if Tenant fails to so remove such property, then Landlord may do so, and Tenant shall pay to Landlord, Landlordon demand, at its option, may deem all or any part costs and expenses incurred by Landlord in disposing of such Tenant’s Property to have been abandoned by Tenant property, including, without limitation, reasonable attorneys' fees and title thereof shall immediately pass to disbursements, together with interest thereon, calcu- lated at the Interest Rate, from the date Landlord under this Lease as by a b▇▇▇ of saleex-pended such amounts.
Appears in 2 contracts
Sources: Store Lease Agreement (Gottschalks Inc), Asset Purchase Agreement (Gottschalks Inc)
Surrender of Premises. Upon the termination, whether by lapse 26.1 Tenant shall arrange to meet Landlord for two (2) joint inspections of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements the first to occur at least thirty (except those Leasehold Improvements 30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because has vacated the Premises. In the event of Tenant’s failure to perform maintenancearrange such joint inspections and/or participate in either such inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration.
26.2 All alterations, additions, and improvements in, on, or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locksmade or installed by or for Tenant, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereofincluding, if Tenant fails to remove any of Tenant’s Property within one without limitation, carpeting (1) day after the termination of this Leasecollectively, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses“Alterations”), shall be entitled to remove and/or store such Tenant’s Property and Landlord remain the property of Tenant during the Term. Upon the expiration or sooner termination of the Term, all Alterations 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. 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 written notice from Landlord, Landlord, at its option, may deem all or any become a part of such Tenant’s Property the realty and shall belong to have been abandoned by Tenant Landlord without compensation, and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇▇ of sale. At the end of the Term or any extension of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations 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. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at least thirty (30) days prior to expiration of the Term, Tenant shall, at Tenant’s sole cost, remove any Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal. Tenant must, at Tenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the 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 Personalty, as well as any damage caused by such removal. All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant’s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease.
Appears in 2 contracts
Sources: Lease (Alnylam Pharmaceuticals, Inc.), Lease (Alnylam Pharmaceuticals, Inc.)
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without other termination of the LeaseTerm, Tenant will at once shall quit and surrender possession and vacate to Landlord the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)broom clean, to Landlord in good condition order and repaircondition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted; conditions existing because , and Tenant may remove all of its property pursuant to Article 4. Tenant’s failure obligation to observe or perform maintenance, repairs this covenant shall survive the expiration or replacements as required sooner termination of Tenant under the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the provisions of this Article. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not be deemed “reasonable wear and tear.” surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall surrender pay to Landlord all keys to for each month and for each portion of any month during which Tenant holds over in 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 Expiration Date or sooner termination of this Lease, or Tenant’s right a sum equal 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 two (2) times 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. 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 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 Minimum Rent which was payable under this Lease as during the last month of the Term, plus one hundred percent (100%) of the Additional Rent which would have been due from Tenant for such holdover period had the Term not ended. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by a b▇▇▇ Landlord of salepayments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article, which provisions shall survive the Expiration Date or sooner termination of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Compass, Inc.), Lease Agreement (Urban Compass, Inc.)
Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of (a) At least thirty (30) days prior to Tenant’s right surrender of possession of any part of the Premises, Tenant shall 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. The Exit Survey shall comply with the 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 ANSI and its successors no longer exist, a similar entity publishing similar standards). In addition, at least ten (10) days prior to Tenant’s surrender of possession without of any part of the Premises, Tenant shall (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 (iii) conduct a site inspection with Landlord. In addition, Tenant 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 comply with any recommendations set forth in the Exit Survey to extent Tenant would otherwise be responsible therefor hereunder. Tenant’s obligations under this 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 will at once shall promptly and peaceably quit and surrender possession to Landlord the Premises in neat and vacate clean condition and in the Premisesorder, 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 Leasehold Improvements (except those Leasehold Improvements additions and accessories thereto) other than Tenant’s Removable Property. Tenant is required to shall remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because all of Tenant’s failure to perform maintenanceRemovable Property, repairs all signs installed by or replacements as required on behalf of Tenant under in or on the Premises and the Building, all lines and other wiring and 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 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 brought onto the Premises 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 repair any damage to the Premises or the Building caused by such removal. Any Tenant’s Removable Property which shall remain in the Building or on the Premises after the expiration or termination of the Term of this Lease shall not be deemed “reasonable wear conclusively to have been abandoned, and tear.” Tenant shall surrender to either may be retained by Landlord all keys to the Premises and make known to as its property or may be disposed of in such manner as 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 Tenant’s right to possession hereunder, Landlordmay see fit, 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. 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 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 as by a b▇▇▇ of saleexpense.
Appears in 2 contracts
Sources: Lease Agreement (Arcellx, Inc.), Lease Agreement (Arcellx, Inc.)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary 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 to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver 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 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 rights under Section 23 hereofoption, if Tenant fails 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 of Tenant’s Property within one (1) day after addition or improvement to the termination of this Lease, Premises or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not 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 thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not 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, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a b▇▇▇ Section 21 shall survive the end of salethe Term.
Appears in 2 contracts
Surrender of Premises. Upon On expiration of the termination, whether by lapse term of time this Lease or otherwise, any extension thereof or upon any earlier termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once Lessee shall surrender possession to Lessor the Premises and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord Lessee's Alterations in good condition and repair, (except for ordinary wear and tear excepted; conditions existing because tear) unless Lessor has required Lessee to remove its Alterations. The surrender of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not the Premises will only be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord 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 make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises. Subject trade fixtures prior to the Landlord’s rights under Section 23 hereof, if Tenant 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 any all of Tenant’s Property within one (1) day after its equipment and personal property following the expiration or earlier termination of this Lease, in addition to any other remedies Lessor may have, Lessor may elect to retain or Tenantdispose 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 right equipment and personal property and retain or dispose of the same. Lessee waives all claims against Lessor for any damage to possession hereunderLessee 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, Landlordremoving, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store disposing of any such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofpersonal property. 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. In addition, if Tenant If Lessee fails to remove any Tenant’s Property from surrender the Premises or storage, as to Lessor on the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all expiration of the term of this Lease or any part of such Tenant’s Property to have been abandoned extension thereof as required by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇▇▇▇▇▇▇ of sale▇▇, ▇▇▇▇▇▇ shall hold Lessor harmless from all damages resulting from Lessee’s failure to surrender the Premises, including without limitation, lost rental value and any claims made by a new tenant resulting from Lessee’s failure to surrender the Premises.
Appears in 2 contracts
Sources: Net Commercial Lease, Net Commercial Lease (Audentes Therapeutics, Inc.)
Surrender of Premises. Upon 26.1 Tenant and Landlord shall arrange to meet for two (2) joint inspections of the terminationPremises as set forth in Exhibit E, whether by lapse the first to occur at least thirty (30) days (but no more than sixty (60) days) before the last day of time the Term, and the second to occur not later than forty-eight (48) hours after Tenant has vacated the Premises as set forth in Exhibit E attached hereto and incorporated herein. Should either Tenant or otherwise, Landlord fail to appear at either or upon any termination both previously-scheduled inspections the attending party’s determination of Tenant’s right responsibility for repairs and restoration shall be final.
26.2 All alterations, additions, and improvements in, on, or to possession without the Premises made or installed by or for Tenant including carpeting (collectively, “Alterations”), shall be and remain the property of Tenant during the Term. Upon the expiration or sooner termination of the LeaseTerm, Tenant will at once surrender possession all Alterations shall become a part of the realty and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), shall belong to Landlord in good condition without compensation, and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease tide shall not be deemed “reasonable wear and 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 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. 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 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 as by a b▇▇▇▇ of sale. 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 Alterations 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. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant’s sole cost remove any Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal, except for any alterations, additions and improvements for which (a) Tenant has received written approval in the form of Exhibit G attached hereto and incorporated herein pursuant to this Article 26 and for which Landlord has waived in writing, as set forth in Exhibit G, its rights under this Section 26.2 to elect to have Tenant remove such alterations, additions and improvements or (b) Landlord has been deemed to have approved and waived its rights to require Tenant to remove such alterations, additions and improvements after Landlord’s failure to respond to Tenant’s tender of Exhibit G within ten (10) business days. Tenant must 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 the 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 Personalty, as well as any damage caused by such removal. In lieu of requiring Tenant to remove Alterations and Personalty and repair the Premises as aforesaid, Landlord may, by written notice to Tenant delivered at least thirty (30) days before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost of such removal and repair in an amount reasonably estimated by Landlord.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term.
Appears in 2 contracts
Sources: Lease Agreement (Reata Pharmaceuticals Inc), Lease (Reata Pharmaceuticals Inc)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse Landlord. At the expiration or termination of time this Lease or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together Tenant shall deliver to Landlord the Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on 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 control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver 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 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 rights under Section 23 hereofoption, if Tenant fails to remove any of Tenant’s Property within one shall (1not later than ten (10) day days after the expiration or earlier termination of this Lease, the Lease or Tenant’s right to possession hereunderof the Premises) remove such alterations, Landlordadditions (including stairs and bank vaults), at improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Off-Premises Equipment) as Landlord shall be may request but in no event be responsible for any of the value, preservation or safekeeping thereofinitial Tenant’s Work constructed pursuant to Exhibit C hereof. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not 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, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease (as if conveyed by a b▇▇▇▇ of sale) and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost 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 respect of the security interest granted under Section 20. The provisions of this Section 21 shall survive the expiration or earlier termination of the Lease.
Appears in 2 contracts
Sources: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)
Surrender of Premises. Upon the terminationexpiration of the Term or any earlier termination or cancellation of this Lease, whether by forfeiture, lapse of time or otherwise, or upon any the termination of Tenant’s right to possession without termination of the LeasePremises, Tenant will at once surrender and deliver possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord in good condition and repairrepair including, ordinary wear but not limited to, replacing all light bulbs and tear excepted; conditions existing because of Tenant’s failure to perform maintenanceballasts not in good working condition, repairs or replacements as required of Tenant under this Lease shall not be deemed “except for reasonable wear and tear.” . Reasonable wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant shall surrender to Landlord or Tenant otherwise performing all keys to of its obligations under this Lease, or any deterioration in the condition or value of any part of the Premises and make known to Landlord or the explanation remainder of all combination locksthe Property that results from any Hazardous Materials that any Tenant Party brings onto the Property, 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 Upon such termination of this Lease, or Tenant shall remove all tenant signage, personal property and any Alterations as to which Landlord has required such removal as a condition to Landlord’s giving any consent required under Section 9.1 above. Tenant shall repair any damage caused by the removal of any signs, trade fixtures, furniture, furnishings, fixtures, additions, and improvements that are removed from the Premises by Tenant’s right . Tenant shall ensure that the removal of such items and the repair of the Premises will be completed before such termination of this Lease. Approximately 90 days before the expiration of the Term, Landlord shall be entitled to possession hereunderinspect the HVAC systems and the sprinkler and other fire safety systems, Landlordand Tenant shall, at Tenant’s sole cost and expensesexpense, shall be entitled perform all repairs and replacements necessary to remove and/or store such Tenant’s Property bring the HVAC systems and Landlord shall be in no event be responsible for sprinkler and other fire safety systems into good working condition upon 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 expiration of 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, as the case may be, within ten (10) days after 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 as by a b▇▇▇ of saleTerm.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (WuXi PharmaTech (Cayman) Inc.)
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once shall surrender all keys for the Premises to Landlord, and Tenant shall deliver exclusive possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord broom clean and in good condition and repair, ordinary reasonable wear and tear and minor conditions arising from Tenant’s move-in and move-out excepted; conditions existing because , with all of Tenant’s failure to perform maintenancepersonal property removed therefrom, repairs or replacements and all damage caused by such removal repaired, as required of Tenant under this Lease shall not be deemed “reasonable wear pursuant to Sections 11.2 and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks11.3 below. If, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereoffor any reason, if Tenant fails to remove any of Tenant’s Property within one (1) day after surrender the Premises on the expiration or earlier termination of this Lease, with such removal and repair obligations completed, then, in addition to the provisions of Section 8.3 below and Landlord’s rights and remedies under Section 11.4 and the other provisions of this Lease, Tenant shall, beginning on the thirtieth (30th) day following the expiration or Tenant’s right to possession hereunderearlier termination of this Lease, indemnify, protect, defend (by counsel reasonably approved in writing by Landlord, at Tenant’s sole cost ) and expenses, shall be entitled to remove and/or store such Tenant’s Property hold Landlord harmless from and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, against any and all reasonable claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses caused and costs (including, without limitation, costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees and court costs, but excluding indirect or consequential damages) (collectively, “Claims”) which arise or result from such failure to surrender, including, without limitation, any Claims made by such removal and all storage charges against such property so long as any succeeding tenant based thereon. The foregoing indemnity shall survive the same shall be in possession expiration or earlier termination of Landlord or under the control of Landlord. 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 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 as by a b▇▇▇ of saleLease.
Appears in 2 contracts
Sources: Lease Agreement (ProPhase Labs, Inc.), Lease Agreement (ProPhase Labs, Inc.)
Surrender of Premises. Upon the termination, whether by lapse expiration or termination of time or otherwisethe Term for whatever cause, or upon any termination the exercise by Landlord of Tenant’s its right to possession re-enter the Premises without termination of the terminating this Lease, Tenant will at once shall immediately, quietly and peaceably surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord possession of the Premises in "broom clean" and good order, condition and repair, except only for ordinary wear and tear excepted; conditions existing because of Tenant’s failure tear, damage by casualty not covered by Section 15.02 and repairs to perform maintenance, repairs or replacements as required of be made by Landlord pursuant to Section 15.01. If Tenant is in default under this Lease Lease, Landlord shall not be deemed “reasonable wear have a lien on such personal property, trade fixtures and tearother property as set forth in Section 38-3-1, et seq.” , of the Utah Code ▇▇▇. (or any replacement provision). Landlord may require Tenant shall surrender to Landlord all keys remove any personal property, trade fixtures, other property, alterations, additions and improvements made to the Premises by Tenant or by Landlord for Tenant, and make known to Landlord restore the explanation of all combination locks, which Tenant is permitted Premises to leave their condition on the Premisesdate of this Lease. Subject to All personal property, trade fixtures and other property of Tenant not removed from the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any Premises on the abandonment of Tenant’s Property within one (1) day after the Premises or on the expiration of the Term or sooner termination of this Lease, or Tenant’s right to possession hereunder, LandlordLease for any cause shall, at TenantLandlord’s sole cost option, conclusively be deemed to have been abandoned and expensesmay be appropriated, shall be entitled sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the valueaccount to, preservation Tenant or safekeeping thereofany other person. Tenant shall pay Landlord, upon demand, any and to Landlord all reasonable expenses caused by such removal and all storage charges against incurred in connection with the disposition of such property so long as in excess of any amount received by Landlord from such disposition. Tenant shall not be released from Tenant's obligations under this Lease in connection with surrender of the same shall be in possession of Premises until Landlord or under has inspected the control of LandlordPremises and delivered to Tenant a written release. In addition, if If Tenant fails to remove any Tenant’s Property from surrender possession of the Premises or storagein the condition herein required, as the case may be, within ten (10) days after written notice from Landlord, LandlordLandlord may, at its optionTenant's expense, may deem all or any part of restore the Premises to such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ of salecondition.
Appears in 2 contracts
Sources: Lease Agreement (Qualtrics International Inc.), Lease Agreement (Qualtrics International Inc.)
Surrender of Premises. Upon At the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination expiration of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs Term or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant’s right , or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove the Permitted Improvements (to possession hereunderthe extent Landlord has notified Tenant in writing of such removal as required in Section 10.1 above) all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, Landlord(ii) Landlord may, by notice to Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant’s sole cost 's expense, to remove any or all Alterations as to which Landlord notified Tenant, at the time of consent, that removal would be required; and expensesTenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term "Tenant's Property" shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant, including, but not limited to, Tenant's property set forth on Exhibit I hereto. Any of Tenant's Property not so removed by Tenant as required herein shall be entitled deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove and/or store such Tenant’s Property shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and Landlord in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall be in no event continue to be responsible for the value, preservation or safekeeping thereofpayment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall pay Landlordindemnify, upon demand, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all reasonable expenses caused damages, expenses, costs, losses or liabilities arising from any delay by such removal and all storage charges against such property Tenant in 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 surrendering the Premises including, without limitation, any damages, expenses, costs, losses or storageliabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of the Premises to any such succeeding tenant or prospective tenant, as the case may betogether with, within ten (10) days after written notice from Landlordin each case, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by Tenant actual attorneys' fees and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ of salecosts.
Appears in 2 contracts
Sources: Lease Agreement (Abaxis Inc), Lease Agreement (Abaxis Inc)
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 other termination of this Lease, Tenant shall quit and surrender to Landlord the Demised Premises and every part thereof and all alterations, additions and improvements thereto, broom clean and in good condition and state of repair, excepting only (i) reasonable wear and tear and (ii) casualty damage and condemnation loss, reasonable wear and tear only excepted. If Tenant is not then in default, Tenant shall remove all personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises including any signage installed by Tenant, computers and related equipment including peripheral equipment and tape and disk vaults, all projectors and projection screens and related equipment, blackboards whiteboards, tackboards, and other display units, telephone systems, cipher locks and electronic security systems, paging systems, kitchen equipment, including but not limited to any refrigerators, microwave ovens, dishwasher, disposal, trash compactor, or other built-in kitchen equipment, phone system equipment including patch panel and subfeed panel locations for such phone system, fire suppression systems, CRT patch panels, and Tenant shall restore the Demised Premises to the condition immediately preceding the time of placement thereof excepting only (i) reasonable wear and tear and (ii) casualty damage and condemnation loss. If Tenant shall fail or refuse to remove all of Tenant’s right to possession hereunder's effects, Landlordpersonalty and equipment from the Demised Premises upon the expiration or termination of this Lease for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, at Tenant’s sole cost such effects, personalty and expenses, equipment shall be entitled deemed conclusively to remove and/or store such Tenant’s Property be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord shall be in no event be responsible without written notice to Tenant or any other party and without obligation to account for the value, preservation or safekeeping thereofthem. Tenant shall pay Landlord, upon demand, Landlord on demand any and all reasonable expenses incurred by Landlord in the removal of such property, including, without limitation, the cost of repairing any damage to the Building or Project caused by the removal of such removal property and all storage charges against (if Landlord elects to store such property so long as the same property). The covenants and conditions of this Article 32 shall be in possession survive any expiration or termination of Landlord or under the control of Landlord. 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 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 as by a b▇▇▇ of saleLease.
Appears in 2 contracts
Sources: Lease Agreement (TSW International Inc), Lease Agreement (Indus International)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary free of Hazardous Materials placed on 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 control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver 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 Provided that Tenant fails to remove any has performed all of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession its obligations hereunder, LandlordTenant may remove all unattached trade fixtures, at Tenant’s sole cost furniture, and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be personal property placed 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. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, as the case may bein whole or in part, within by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall (not later than ten (10) days after written notice from Landlordthe expiration or earlier termination of the Lease) remove such alterations, Landlordadditions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any obligation to account for such items; any such disposition shall immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a b▇▇▇ Section 21 shall survive the expiration or earlier termination of salethe Lease.
Appears in 2 contracts
Sources: Office Lease Agreement (Markit Ltd.), Office Lease Agreement
Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), 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; conditions existing because of . Tenant shall, at Tenant’s failure to perform maintenancesole cost, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 upon termination of this Lease, or 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 of Tenant’s furniture, furnishings, movable partitions of less than full height from floor to ceiling and all storage charges against such other trade fixtures and personal property (collectively, “Personalty”). Personalty not so long as the same removed 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, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been deemed abandoned by Tenant and title thereof to the same shall immediately 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 this Lease, the provisions of Section 20 hereof shall apply. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall give written notice to Landlord at least 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 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 purposes of determining Tenant’s responsibility for repairs and restoration. Any delay caused by Tenant’s failure to carry out its obligations under this Section 31 beyond the term hereof, shall constitute 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. Upon At the termination, whether by lapse expiration of time the Term of this Lease or otherwise, or upon any earlier termination of this Lease, Tenant shall 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’s right , in connection with Landlord=s approval of the installation thereof, that Landlord would require Tenant to possession without termination remove upon the expiration of the Lease) in the same condition as the same were in upon delivery of possession thereto at the Commencement Date of the term of this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary reasonable wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord at the explanation place then fixed for the payment of Basic Rent and shall inform Landlord of all combination combinations on locks, which safes and vaults, if any. Tenant is permitted shall at such time remove all of its property therefrom and all alterations and improvements placed thereon by Tenant unless Landlord requires Tenant to leave on the Premisessame. Subject 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 rights under Section 23 hereof's option, if Tenant fails after five (5) business days notice to remove any Tenant, become the exclusive property of Tenant’s Property within one (1) day after the termination Landlord or be disposed of this Lease, or Tenant’s right to possession hereunder, by Landlord, at Tenant’s '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 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 longer after termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property risk of Tenant and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable 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 manner 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, as the case may be, within ten (10) days after 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 as by a b▇▇▇ of salerespect thereto.
Appears in 2 contracts
Sources: Lease Agreement (Petco Animal Supplies Inc), Ground Lease Agreement (Petco Animal Supplies Inc)
Surrender of Premises. Upon At the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination expiration of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs Term or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, except as provided below in Section 10.2.1, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease, or any damage or deterioration due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors. Except as set forth below in Section 10.2.1, on or before the expiration or earlier termination of this Lease, Tenant shall remove (i) all of Tenant’s right Property (defined below) and Tenant’s signage from the Premises and other portions of the Project, (ii) any Alterations Landlord may require Tenant, by notice to possession hereunderTenant given at or about the time of Landlord’s granting of consent to their installation, Landlordto remove, and Tenant shall repair any damage caused by all of such removal activities, at Tenant’s sole cost expense. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and expensesother cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, shall if any) installed or caused to be entitled to remove and/or store such installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), inventories, goods and personal property of Tenant. Any of Tenant’s Property and Landlord not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in no event be responsible storing and disposing of such abandoned property of Tenant. Landlord may elect to take responsibility to remove any such wiring or cabling installed above the ceiling or beneath the floors of the Premises, in which case Tenant shall pay Landlord for the valueactual cost incurred by Landlord therefor, preservation or safekeeping thereof(together with a five percent (5%) supervision/administration fee) within thirty (30) days after being billed for the same. All Alterations except those which Landlord requires Tenant to remove, shall remain in the Premises as the property of Landlord. Tenant shall pay Landlordindemnify, upon demand, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all reasonable expenses caused Claims (defined below) (x) arising from any delay by such removal and all storage charges against such property Tenant in 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 surrendering the Premises including, without limitation, any Claims made against Landlord by any succeeding tenant or storage, as prospective tenant founded on or resulting from such delay and (y) suffered by Landlord due to lost opportunities to lease any portion of the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all Premises to any such succeeding tenant 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 as by a b▇▇▇ of saleprospective tenant.
Appears in 2 contracts
Sources: Lease Agreement (GigOptix, Inc.), Lease Agreement (Endwave Corp)
Surrender of Premises. Upon On the termination, whether by lapse of time Expiration Date or otherwise, or upon any other termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once peaceably quit and surrender possession and vacate to City the Premises, together with all Leasehold Improvements (except those Leasehold Improvements the Alterations approved by City that City does not require Tenant is required to remove pursuant to Section 8 hereof)remove, to Landlord in good condition order and repaircondition, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable except for normal wear and tear.” Tenant shall surrender to Landlord all keys to , and further except for any portion of the Premises condemned and make known to Landlord the explanation of all combination locks, any damage and destruction for which Tenant is permitted to leave on not responsible under this Lease. The Premises will be surrendered free and clear of all liens and encumbrances other than those existing as of the Premisesdate of this Lease and any other encumbrances created by City. Subject to Immediately before the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the Expiration Date or other termination of this Lease, or Tenant will remove all of Tenant’s right Personal Property as provided in this Lease, and repair any damage resulting from that removal; provided, in City’s sole discretion, City may, by written notice to possession hereunderTenant, Landlordreserve ownership of any telecommunications equipment, wire, cabling, and/or conduit installed in the Premises or any other portion of the Property by or on behalf of Tenant. If the removal is not completed at the expiration or other termination of this Lease, City may perform the removal at Tenant’s expense. Notwithstanding anything to the contrary in this Lease, at any time before the Expiration Date or within five (5) days after termination of this Lease, City may elect to require Tenant to remove, at Tenant’s sole cost and expensesexpense, shall be entitled to remove and/or store such all or part of the Alterations, or other improvements or equipment constructed or installed by or at Tenant’s expense, including any telecommunications equipment, wires, cabling, and/or conduit installed in the Premises or any other portion of the Property and Landlord shall be in no event be responsible for the value, preservation by or safekeeping thereofon behalf of Tenant. Tenant shall pay Landlordwill promptly remove those items and repair, upon demandat no cost to City, any and all reasonable expenses caused by such removal and all storage charges against such property so long as damage to the same shall be in possession of Landlord Premises or under the control of Landlord. In additionProperty resulting from the removal, or if Tenant fails to remove any repair, City may do so at Tenant’s expense. Tenant’s obligations under this Section will survive the expiration or sooner termination of this Lease. At City’s option, any items of Tenant’s Personal Property from remaining in the Premises or storageCommon Areas after the Expiration Date or sooner termination of this Lease may be deemed abandoned and disposed of in accordance with Section 1980 et seq. of the California Civil Code or in any other manner allowed by Legal Requirements. Concurrently with the surrender of the Premises, as if requested by City, Tenant will execute, acknowledge, and deliver to City a quitclaim deed to the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all Premises and any other instrument reasonably requested by City to evidence the termination of Tenant’s leasehold estate and to effect the transfer or any vesting of title to the improvements or equipment that remain part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under the Premises or Common Areas. The terms of this Lease as by a b▇▇▇ Section will survive the expiration or termination of salethis Lease.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, 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 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. 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 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 as by a b▇▇▇▇ of sale.
Appears in 2 contracts
Sources: Office Lease (Great Basin Scientific, Inc.), Office Lease
Surrender of Premises. Upon Not less than thirty (30) days prior to the terminationExpiration Date, whether as the same may be extended and subject to Landlord’s compliance with the Access Requirements set forth in Section 28.8, Landlord’s representative and Tenant’s representative shall conduct a walk-through of the Premises (the “Walk-Through”) and shall identify the property to be removed by lapse Tenant upon surrender, including, but not limited to, ▇▇▇▇▇▇’s personal property, trade fixtures, Tenant Improvements (as that term is defined in Exhibit G) but only to the extent Landlord identified such Tenant Improvements as requiring removal when it provided its consent, and any Alterations, but only to the extent Landlord identified such Alterations as requiring removal when it provided its consent (collectively, the “Tenant Property”), as well as Tenant’s repair and/or restoration obligations caused by the removal of time or otherwisesuch items and any touch-up work and repairs to be performed by Tenant prior to Tenant’s surrender of the Premises (the “Tenant Repairs”). Notwithstanding the immediately preceding sentence, or upon any in the event of a termination of Tenantthis Lease 60447235.v9 prior to the scheduled Expiration Date, the date of the Walk-Through shall be as determined by the parties. Within five (5) Business Days after the date of the Walk-Through, the parties shall agree in writing as to the specific items identified as Tenant Property and Tenant Repairs during the Walk-Through. At the termination of this Lease or ▇▇▇▇▇▇’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove the Tenant Property from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required and quit and surrender the Premises to remove pursuant to Section 8 hereof)Landlord, 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; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 If Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this LeaseTenant Property, or Tenant’s right to possession hereunder, restore the Premises to the required surrender condition upon the Expiration Date then Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and dispose of the Tenant Property in any manner Landlord deems appropriate and/or store perform such restoration of the Premises to the surrender condition required by this Lease, in which case Tenant shall reimburse Landlord for the actual documented expenses of Landlord incurred in removal of Tenant’s Property and restoration of the Premises to good working surrender condition required by the term of this Lease. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof the Tenant Property following the expiration or termination of this Lease. Tenant shall pay Landlord, upon demand, expressly waives any and all reasonable expenses caused by such removal and all right to require or expect Landlord storage charges against such property so long as the same shall be in possession of Landlord or under the control any of Landlord. 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 written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property cost and expense following the Expiration Date, and any right to have been seek damages from Landlord due to Landlord’s disposal of the abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ of saleTenant’s Property.
Appears in 2 contracts
Sources: Lease Agreement (Astra Space, Inc.), Lease Agreement (Astra Space, Inc.)
Surrender of Premises. Upon the termination, whether by lapse 26.1 Tenant shall arrange to meet Landlord for two (2) joint inspections of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements the first to occur at least thirty (except those Leasehold Improvements 30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because has vacated the Premises. In the event of Tenant’s failure to perform maintenancearrange such joint inspections and/or participate in either such inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration.
26.2 All alterations, additions, and improvements in, on, or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locksmade or installed by or for Tenant (collectively, 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 Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses“Alterations”), shall be entitled to remove and/or store such Tenant’s Property and Landlord remain the property of Tenant during the Term. Upon the expiration or sooner termination of the Term, all Alterations 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. 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 written notice from Landlord, Landlord, at its option, may deem all or any become a part of such Tenant’s Property the realty and shall belong to have been abandoned by Tenant Landlord without compensation, and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇▇ of sale. 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 Alterations 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. Notwithstanding the foregoing, if Landlord has notified Tenant in the course of consenting to Alterations as set forth in Article 6 hereof, or if where no consent of Landlord was required to Alterations and Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant’s sole cost, remove any Alterations so designated by Landlord’s notice, and repair any damage caused by such removal. Tenant must, 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, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the 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 Personalty, as well as any damage caused by such removal. In lieu of requiring Tenant to remove Alterations and Personalty and repair the Premises as aforesaid, Landlord may, by written notice to Tenant delivered at least thirty (30) days before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost of such removal and repair in an amount reasonably estimated by Landlord.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant’s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease.
Appears in 2 contracts
Sources: Early Entry Agreement (Alder Biopharmaceuticals Inc), Early Entry Agreement (Alder Biopharmaceuticals Inc)
Surrender of Premises. (a) Upon the termination, whether termination of this Lease by lapse of time or otherwise, otherwise or upon any the earlier termination of Tenant’s right to of possession, Tenant shall quit and surrender possession without termination of the LeaseLeased Premises to Landlord, broom clean, in the same condition as upon delivery of possession to Tenant will at once surrender possession and vacate the Premiseshereunder, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary normal wear and tear excepted. Before surrendering possession of the Leased Premises, Tenant shall, without expense to Landlord, remove all signs, furnishings, equipment (including all communication and other cables), trade fixtures, merchandise and other personal property installed or placed in the Leased Premises and all debris and rubbish, and Tenant shall repair all damage to the Leased Premises resulting from such removal; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of provided if Tenant is then in default under this Lease Lease, Tenant shall not be deemed “reasonable wear and tear.” remove any such item unless Tenant shall surrender to receives written directions from Landlord all keys to authorizing or directing the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premisesremoval thereof. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property within one (1) day after the signs, furnishings, equipment, trade fixtures, merchandise and other personal property installed or placed in the Leased Premises by the expiration or termination of this Lease, then Landlord may, at its sole option, (i) treat Tenant as a holdover, in which event the provisions of this Lease regarding holding over shall apply, (ii) deem any or all of such items abandoned and the sole property of Landlord, or (iii) remove any and all such items and dispose of same in any manner. Tenant shall pay Landlord on demand any and all expenses incurred by Landlord in the removal of such items, including, without limitation, the cost of repairing any damage to the Leased Premises or the Building caused by such removal and storage charges (if Landlord elects to store such property).
(b) All installations, additions, partitions, hardware, cables, wires, fixtures and improvements, temporary or permanent (including, but not limited to, Tenant’s Extra Work), except for Tenant’s signs, furnishings, equipment, communication cables, telephone switches, trade fixtures, merchandise and other personal property, in or upon the Leased Premises, whether placed there by Tenant or Landlord, shall, upon the termination of this lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, become Landlord’s property and shall remain upon the Leased Premises, all without compensation, allowance or credit to possession hereunderTenant; provided, Landlordhowever, that if at the time Landlord consents to Tenant’s installation of any installations, additions, partitions, hardware, cables, wires, fixtures and improvements or at any time prior to termination of this Lease, Landlord requires removal of the same upon termination, then Tenant, at Tenant’s sole cost and expensesexpense, upon termination of this Lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, shall be entitled promptly remove such designated items placed in or upon the Leased Premises by or on behalf of Tenant and, repair any damage to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation Leased Premises or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses the Building caused by such removal and all storage charges against such property so long as removal, failing which Landlord may remove the same shall be in possession of Landlord or under and repair the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Leased Premises or storagethe Building, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been abandoned by and Tenant and title shall pay the cost thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ of saleon written demand.
Appears in 2 contracts
Sources: Office Lease Agreement (Cumberland Pharmaceuticals Inc), Office Lease Agreement (Cumberland Pharmaceuticals Inc)
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of Tenantthis Sublease or the termination of Subtenant’s right of possession to possession without termination of the LeasePremises, Tenant will at once Subtenant shall surrender possession and vacate the PremisesPremises and deliver possession thereof to Sublandlord peaceably and quietly in the same condition they are in as of the date hereof, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary 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. If: (a) required by the terms of the Prime Lease or this Sublease; conditions existing because or (b) upon the occurrence of Tenantan Event of Default hereunder (and in such case, at Sublandlord’s failure to perform maintenancerequest), repairs or replacements as required of Tenant under this Lease Subtenant shall not be deemed “reasonable wear promptly remove any alterations, installations, additions, and tear.” Tenant improvements, and Subtenant shall surrender to Landlord repair any damage occasioned by the removal thereof, all keys to the Premises extent required by, and make known in accordance with, Section 9 hereof. If Subtenant shall fail 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 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 Tenantremoval 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 Property within one (1) day after goods, effects, movable personal property, business and trade fixtures, and machinery and trade equipment, and shall repair all damage resulting from such removal. Any of such items not so removed by Subtenant at the expiration or termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, Sublease 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. 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 written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property conclusively deemed to have been abandoned by Tenant Subtenant. Subtenant shall not receive any cost or credit therefor, and title Sublandlord may dispose of the same without any liability to Subtenant; provided, however, that 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 immediately pass have no obligation to Landlord under this Lease as by a b▇▇▇ of saleremove any installations or improvements made to the Premises prior to the Term.
Appears in 2 contracts
Surrender of Premises. Upon the terminationexpiration of this Lease pursuant to its terms (or, whether by lapse in the event of time or otherwise, or upon any a termination of Tenant’s right to possession without termination this Lease on a date other than the scheduled Expiration Date of the this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements as promptly as commercially practicable thereafter (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofbut in any event within fifteen (15) days thereafter)), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord the Premises, including all keys improvements including Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant) (collectively, “Tenant’s Personal Property”), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Without limitation to the foregoing, at least 90 days prior to the expiration of the Term but not more than 180 days prior to such expiration, Landlord may commission, a Phase I site assessment and, if recommended by the Phase I site assessment, a Phase II site assessment of the Premises, for purposes of confirming the environmental condition of the Premises and Tenant’s compliance with the terms of the Lease with respect to environmental matters. In the event any Phase I site assessment or Phase II site assessment recommended thereby commissioned pursuant to the previous sentence reveals any recognized environmental conditions not present as of the date hereof, Tenant shall reimburse Landlord for the cost of such Phase I and Phase II site assessments upon written demand from Landlord. Any of Tenant’s Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, if not removed within fifteen (15) days after termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored at Tenant’s risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage 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 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 by Landlord. 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 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 as by a b▇▇▇ of sale.
Appears in 2 contracts
Sources: Master Lease Agreement (Cracker Barrel Old Country Store, Inc), Master Lease Agreement (Cracker Barrel Old Country Store, Inc)
Surrender of Premises. Upon Tenant shall, at least 90 days before the termination, whether by lapse last day of time or otherwise, or upon any termination the Term arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant’s right failure to possession without arrange such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purpose of determining Tenant’s responsibility for repairs and restoration. At the end of the Term or any renewal thereof or other sooner termination of the this Lease, Tenant will at once surrender peaceably deliver up to Landlord possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required improvements or additions upon or belonging to remove pursuant to Section 8 hereof)the same, to Landlord by whomsoever made, in good the same condition as received or first installed broom clean and repairfree of all debris, ordinary wear and tear and damage by fire, earthquake, Act of God, or the elements alone excepted; conditions existing because of Tenant’s failure to perform maintenance. Tenant may, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 upon termination of this Lease, remove all movable partitions of less than full height from floor to ceiling, counters, and other personal property and trade fixtures of Tenant removable without material damage to such property or the Premises previously installed by Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expensescost, shall be entitled title to remove and/or store such Tenant’s Property and Landlord which 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 until such termination repairing such damage caused by such removal and all storage charges against such property removal. Property not so long as the same removed 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, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been deemed abandoned by Tenant and title thereof to the same shall immediately thereupon pass to Landlord under this Lease as by a b▇▇▇▇ of sale. Upon request by Landlord, Tenant shall remove any or all permanent improvements or additions to the Premises installed at Tenant’s cost and all movable partitions, counters and other personal property of Tenant removable without material damage to such property or the Premises which may be left by Tenant and repair any damage resulting from such removal. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay. All obligations of Tenant hereunder not fully performed as of the expiration or earlier termination of the Term of this Lease shall survive the expiration or earlier termination of the Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary: (i) to repair, restore and broom clean the Premises as provided herein, removing Tenant’s personal property if necessary; and (ii) to discharge Tenant’s obligation for unpaid amounts due Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied.
Appears in 2 contracts
Sources: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)
Surrender of Premises. Upon 26.1 Landlord shall, at least thirty (30) days before the terminationlast day of the Term, whether by lapse arrange to meet Tenant for a joint inspection of time the Premises.
26.2 At the end of the Term or otherwise, any renewal of the Term or upon any other sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender peaceably deliver up to Landlord possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required improvements or additions upon or belonging to remove pursuant the same, by whomsoever made, whether in the Premises or in, on or to Section 8 hereof)the Building, to Landlord in good condition the same conditions received or first installed, broom clean and repairfree of all debris, excepting only ordinary wear and tear excepted; conditions existing because of and damage by fire or other casualty. Tenant may, and at Landlord's request shall, at Tenant’s failure to perform maintenance's sole cost, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 upon termination of this Lease, or 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 furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, including, but not limited to, raised flooring, conduits, cabling, condensers, dry coolers, generators, pull boxes, junction boxes, supplemental HVAC units, electrical equipment, fire suppression systems, etc., title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage caused by such removal removal. Property not so removed shall, unless requested to be removed, be deemed abandoned by the Tenant and all storage charges against such property so long as title to 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, as the case may be, within ten (10) days after 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 thereupon pass to Landlord under this Lease as by a b▇▇▇▇ of sale. All other alterations, additions and improvements in, on or to the Premises shall be dealt with and disposed of as provided in Article 6 hereof.
26.3 All obligations of Landlord and Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term.
Appears in 2 contracts
Sources: Lease (Startec Global Communications Corp), Lease (Startec Global Communications Corp)
Surrender of Premises. 11.1. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the LeaseExpiration Date, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises immediately and deliver possession thereof to Landlord in a clean, and good condition and repairtenantable condition, ordinary wear and tear tear, obsolescence, condemnation, and damage from the elements, fire and other casualty excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of . Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender will deliver to Landlord all keys to the Premises. Tenant will remove from the Premises all movable personal property of Tenant, Tenant’s trade fixtures, Decorations, and make known such Alterations which Landlord has elected pursuant to Landlord the explanation Section 8.4 of all combination locks, which this Lease to have Tenant is permitted to leave on remove from the Premises. Subject Tenant will remove cabling, hardware, and equipment installed by or on behalf of Tenant from the ceiling plenum spaces, and/or concealed in wall cavities, including cabling related to Tenant’s movable wall systems or partition office furniture, if any, and IT and telecommunications systems, without damaging existing infrastructure and pathways that may support fire alarm systems, lighting systems, electrical systems, fire protection systems, and/or HVAC systems. Tenant immediately will repair all damage resulting from removal of any of Tenant’s property, furnishings or Tenant Additions, If possession of the Landlord’s rights under Section 23 hereofPremises is not delivered to Landlord when required hereunder, or if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Leasethose items described above, or Tenant’s right to possession hereunder, LandlordLandlord may, at Tenant’s sole cost expense, and expensesupon not less than 10 business days’ written notice to Tenant, shall be entitled remove any of such property therefrom without any liability to remove and/or store such Landlord and undertake, at Tenant’s Property and expense, such restoration work as Landlord shall deems necessary or advisable consistent with the requirements of this Section 11.1.
11.2. All property which may 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. In addition, if Tenant fails to remove any Tenant’s Property removed from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property by Landlord will be conclusively presumed to have been abandoned by Tenant and title thereof shall immediately pass Landlord may deal with such property as provided in Section 10.6. Tenant will also reimburse Landlord for all reasonable costs and expenses incurred by Landlord in removing any Alterations, and in restoring the Premises to Landlord under the condition required by this Lease at the Expiration Date which will be the same condition of the Premises as by a b▇▇▇ of saleeach Phase Rent Commencement Date, subject to normal wear and tear and any Alterations which are not required to be removed pursuant to Section 8.4 of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (iCIMS Holding LLC), Lease Agreement (iCIMS Holding LLC)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements improvements located therein as of the Commencement Date in the same repair and condition existing as of the Commencement Date (except those Leasehold Improvements and with all subsequent alterations and improvements made by or for Tenant is required to remove pursuant to Section 8 hereofin compliance with Laws and otherwise in good repair and condition), to Landlord in good condition and repairfree of Hazardous Materials placed on the Premises by any Tenant Party during the Term, ordinary broom-clean, reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver 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 Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building 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's option, and notwithstanding the foregoing provisions of this Section 21 to the Landlord’s rights under Section 23 hereofcontrary, if Tenant fails shall remove such alterations, additions and improvements installed by or on behalf of Tenant, and such trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment and the Existing FF&E), as Landlord may request; however, Tenant shall not be required to remove any of Tenant’s Property within one (1) day after addition or improvement to the termination of this Lease, Premises or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, shall the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not 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 thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not 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, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord's option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a b▇▇▇ Section 21 shall survive the end of salethe Term.
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Biomira Inc), Lease Agreement (Biomira CORP)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse Landlord, except upon expiration of time this Lease or otherwise, earlier termination by Tenant pursuant to the provisions of this Lease. At the expiration or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord improvements located therein in good condition repair and repaircondition, ordinary 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 to which Sections 14 and 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver to Landlord all keys to the Premises and make known to Landlord the explanation Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant shall remove all combination locks, trade fixtures which Tenant is permitted to leave on have not become part of the Premises. Subject , equipment, furniture, and personal property placed in the Premises by Tenant, and all such alterations, additions, improvements and wiring which, when approved by Landlord, were required to be removed from the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any Premises at the earlier expiration or termination of Tenant’s Property within one (1) day after the termination Term of this Lease, or Tenant’s right to possession hereunderand may remove all such fixtures, alterations, additions, improvements and wiring which, when approved by Landlord, were permitted to be removed by Tenant from the Premises at Tenant’s sole cost 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, equipment, wiring, cabling, and expensesfurniture as Landlord may request; however, Tenant shall not be entitled required to remove and/or store such Tenant’s Property and any addition or improvement to the Premises if Landlord shall has specifically agreed in writing that the improvement or addition in question need not be in no event be responsible for the value, preservation or safekeeping thereofremoved. Tenant shall pay Landlord, upon demand, any and repair all reasonable expenses damage caused by such removal and all storage charges against such property removal. All items not 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, as the case may be, within ten (10) days after written notice from Landlord, Landlordremoved shall, at its Landlord's option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a b▇▇▇ Section 21 shall survive the end of salethe Term.
Appears in 2 contracts
Sources: Lease Agreement (Art Technology Group Inc), Lease Agreement (Art Technology Group Inc)
Surrender of Premises. Upon Section 1 5.0 1. Tenant shall, upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right this Lease for any reason whatsoever, surrender to possession without termination of Landlord the Leasebuildings, Tenant will at once surrender possession structures and vacate building equipment then upon the Demised Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)alterations and replacements thereof then on the Demised Premises, to Landlord 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 will have performed a reasonable maintenance program during the term hereof.) At the expiration of termination of this Lease for any reason whatsoever, Landlord shall have the right, at Landlord’s sole cost and expense, to 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 good condition, ordinary wear and tear excepted; conditions existing because . 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 failure to perform maintenancetrade fixtures, repairs furniture and equipment (other than building equipment) installed in the Demised Premises shall remain in Tenant, and upon expiration or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 other termination of this Lease, or Tenant’s right to possession hereunderthe 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 Landlord’s sole cost and expensesprior written consent, shall be entitled to remove and/or store any such Tenant’s Property trade fixtures, furniture or equipment unless and Landlord until such delinquency or default shall be in no event be responsible for the valuehave been cured, preservation and if such delinquency or safekeeping thereof. default shall not have been cured by 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. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from Landlordthe date of such expiration or termination, Landlordall such trade fixtures, furniture and equipment of Tenant shall, at its Landlord’s option, may deem all or any part be and become the absolute property of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ of saleLandlord.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Asbury Automotive Group Inc)
Surrender of Premises. Upon On or before the termination, whether by lapse termination of time or otherwisethe Lease Term, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), shall surrender the Premises to Landlord in good condition and repair, ordinary normal wear and tear excepted; conditions existing because , 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 Term (or such later date following any earlier termination of this Lease as hereinafter provided), Tenant shall (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 Tenant given at any time at least nine (9) months prior to the Expiration Date (or, in the event of a termination of this Lease prior to the scheduled Expiration Date, at any time within thirty (30) days following written notice of such termination), confirm the obligation of Tenant to either remove or leave in place any or all Specialized Alterations, but failure to perform maintenance, repairs or replacements 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 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 personal property, free and clear 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. Within ten (10) days following Landlord’s invoice therefor, Tenant shall reimburse Landlord for all costs incurred by Landlord in (x) storing, removing or disposing of any abandoned Tenant’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 Lease 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 not be deemed “reasonable wear have any ownership or use interest in Tenant’s FF&E, Alterations, Specialized Alterations and tear.” Tenant Improvements as of the Expiration Date or sooner termination of this Lease. Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation combination of all combination locks, locks which Tenant is permitted required to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of All Tenant’s Property within one (1) day after obligations under this Section 25 shall survive the expiration or sooner termination of this Lease, or 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. 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 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 as by a b▇▇▇ of sale.
Appears in 2 contracts
Sources: Retail Lease Agreement (Slack Technologies, Inc.), Retail Lease Agreement (Slack Technologies, Inc.)
Surrender of Premises. Upon On the termination, whether by lapse of time Expiration Date or otherwise, or upon any termination of Tenant’s right to possession without the earlier termination of the Lease, Tenant will at once shall surrender possession the Premises and vacate every part and system thereof to Landlord broom clean and in as good condition as delivered to Tenant, reasonable wear and tear, condemnation and casualty excepted, and free of all debris and Hazardous Materials placed on the PremisesPremises by Tenant or Tenant Parties and in full compliance with all requirements of Section 9.6 above. Unless Landlord has required removal pursuant to Section 7.3 above, Tenant's initial Tenant Improvements made by or for Tenant render the Work Letter and all other improvements, alterations and additions made by or for Tenant to the Premises in accordance with Section 7.3 of the Lease, shall become part of the Premises on the Expiration Date or earlier termination of this Lease and be surrendered, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)the Premises, to Landlord in good condition good, serviceable and repairoperating condition, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” , condemnation and casualty excepted. Tenant shall surrender to Landlord remove all keys to of its trade fixtures, equipment and personal property and signs, provided such removal will not adversely affect the Premises and make known to Landlord the explanation structural integrity 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 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 Any property not 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, as the case may be, removed within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all the Expiration Date or any part earlier termination of such Tenant’s Property to have been the Lease shall be deemed abandoned by Tenant and title thereof shall immediately pass become Landlord's property which Landlord may use, remove, or dispose of in accordance with California Civil Code Section 1980 et seq. or any successor statutes thereto. Tenant shall reimburse Landlord for any cost incurred by Landlord in such removal, storage or disposition, or in repairing or restoring the Premises. Tenant shall further defend and indemnify Landlord against all claims, losses, costs, expenses, actions, judgments, damages and liabilities resulting from Tenant's failure and delay in surrendering the Premises as above provided including, without limitation, any claim made by any succeeding tenant of the Premises resulting from or related to Landlord under such failure to surrender, which indemnification and defense obligations shall survive the expiration or earlier termination of this Lease as by a b▇▇▇ of saleLease.
Appears in 2 contracts
Sources: Office Lease (Chemdex Corp), Office Lease (Chemdex Corp)
Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, damage which Tenant is permitted not obligated to leave on repair excepted. Without limiting the Premisesother 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. Subject No damage shall be considered ordinary wear and tear if it should have been repaired to satisfy the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after ongoing obligation to maintain the Premises under this Lease. Tenant shall, at Tenant’s sole cost, remove upon termination of this Lease, or 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 of Tenant’s furniture, work stations, furnishings, equipment, movable partitions of less than full height from floor to ceiling and all storage charges against such other trade fixtures and personal property (collectively, “Personal Property”). Personal Property not so long as the same removed 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, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property to have been deemed abandoned by Tenant and title thereof to the same shall immediately 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 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 Term. 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, 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 does not 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 purposes of 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 in possession of the Premises until such work has been completed and the provisions of Section 19 shall apply.
Appears in 2 contracts
Sources: Office Lease, Office Lease (Redfin CORP)
Surrender of Premises. Upon the termination, whether by lapse expiration of time the Term or otherwise, or upon any other termination of Tenant’s right to possession without termination of the this Lease, Tenant will shall, at once its own cost, (a) promptly and peaceably surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord “broom clean,” in good condition order and repaircondition, ordinary wear and tear excepted; conditions existing because (b) repair any damage to the Premises caused by or in connection with the removal of any property from the Premises by or at the direction of Tenant’s failure to perform maintenance; (c) repair, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear patch and tear.” Tenant shall surrender pain in a good and workmanlike manner satisfactory to Landlord all holes and other marks in the floors, walls and ceilings of the Premises to Landlord’s reasonable satisfaction; and (d) deliver all keys to the Premises to Landlord. Before surrendering the Premises, Tenant shall, at its sole cost, remove its movable personal property only, and make known to all other property shall, unless otherwise directed by Landlord, remain in the Premises and become the property of Landlord without payment therefore; however, Tenant shall not remove any personal property, trade fixtures or other property fro the explanation Premises without Landlord’s prior written consent if such personal property, trade fixtures or other property is used in the operation of all combination locksthe Premises, which the removal of such personal property, trade fixtures or other property will impair the structure of the Building, or Tenant is permitted to leave in default under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on the Premisessuch personal property, trade fixtures and other property. Subject to the Landlord’s rights under Section 23 hereof, if Landlord may require Tenant fails 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 Tenant’s Property within one (1) day after this Lease. All personal property, trade fixtures and other property of Tenant not removed from the Premises upon the abandonment of the Premises or upon the expiration of the Term or other termination of this LeaseLease for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or Tenant’s right otherwise disposed of by Landlord without notice to possession hereunder, Landlord, at Tenant’s sole cost Tenant or any other person and expenses, shall be entitled without any obligation to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereofaccount therefore. Tenant shall pay Landlord, upon demand, any and to Landlord all reasonable expenses caused by such removal and all storage charges against incurred in connection with the disposition of such property so long as in excess of any amount received by Landlord from any such disposition. No surrender of the same Premises shall be in possession effected by Landlord’s acceptance of Landlord the keys or under of the control rent or by any other means whatsoever without Landlord’s written acknowledgement of Landlordsuch acceptance as a surrender. In addition, if Tenant fails to remove any shall not be released from Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after 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 obligations under this Lease as by in connection with surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a b▇▇▇ of salewritten release.
Appears in 2 contracts
Sources: Credit Agreement (Herbst Gaming Inc), Credit Agreement (Herbst Gaming Inc)
Surrender of Premises. Upon the termination, whether by lapse 26.1 Tenant shall arrange to meet Landlord for two (2) joint inspections of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements the first to occur at least thirty (except those Leasehold Improvements 30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because has vacated the Premises. In the event of Tenant’s failure to perform maintenancearrange such joint inspections and/or participate in either such inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration.
26.2 All alterations, additions, and improvements in, on, or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locksmade or installed by or for Tenant, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereofincluding, if Tenant fails to remove any of Tenant’s Property within one without limitation, carpeting (1) day after the termination of this Leasecollectively, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses“Alterations”), shall be entitled to remove and/or store such Tenant’s Property and Landlord remain the property of Tenant during the Term. Upon the expiration or sooner termination of the Term, all Alterations 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. 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 written notice from Landlord, Landlord, at its option, may deem all or any become a part of such Tenant’s Property the realty and shall belong to have been abandoned by Tenant Landlord without compensation, and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇▇ of sale. 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 Alterations 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. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant’s sole cost, remove any Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal. Tenant must, at Tenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the 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 Personalty, as well as any damage caused by such removal. In lieu of requiring Tenant to remove Alterations and Personalty and repair the Premises as aforesaid, Landlord may, by written notice to Tenant delivered at least thirty (30) days before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost of such removal and repair in an amount reasonably estimated by Landlord.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant’s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Schrodinger, Inc.), Memorandum of Understanding (Cygne Designs Inc)
Surrender of Premises. Upon the terminationtermination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon any the termination of Tenant’s 's right to possession without termination of the LeasePremises, Tenant will at once surrender possession and vacate deliver up the Premises, together with all Leasehold Improvements the fixtures (except those Leasehold Improvements other than trade fixtures), furnishings, additions and improvements which Landlord has not notified Tenant, in writing, that Landlord will require Tenant is required to remove pursuant to Section 8 hereof(including without limitation, any items comprising the Tenant Improvements), to Landlord in good condition and repairrepair subject to Tenant's compliance with its obligations under Sections 9, ordinary wear 29 and tear excepted; conditions existing because of Tenant’s failure to perform maintenance37 hereof, repairs or replacements as required of Tenant under this Lease shall including, but not be deemed “limited to, replacing all light bulbs and ballasts not in good working condition, except for reasonable wear and tear.” Tenant shall surrender to Landlord all keys , casualty damage and repairs which are Landlord's obligations pursuant to the Premises provisions of Sections 11.2 and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the Premises11.3 below. Subject Reasonable wear and tear shall not include any damage or deterioration to the Landlord’s rights floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the this Lease. Upon such termination of this Lease, or Tenant’s right to possession hereunderTenant shall remove any cafeteria and related items that are part of the Tenant Improvements, Landlordall tenant signage, trade fixtures, furniture, furnishings, equipment, personal property, additions, and such other improvements Landlord requests, in writing, at Tenant’s sole cost the time of Landlord's delivery of its consent to such installation, that Tenant remove some or all of such additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises; provided, however, such requirement is reasonably based upon the nature and expensestype of additions, 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 improvements or safekeeping thereofalterations being substantially different than that improved or altered thereby. Tenant shall pay Landlord, upon demand, repair any and all reasonable expenses damage caused by the installation or removal of any cafeteria and related items that are part of the Tenant Improvements, and such removal signs, trade fixtures, furniture, furnishings, fixtures (other than trade fixtures), equipment, personal property, additions and all storage charges against such property so long as the same shall improvements which are to be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property removed from the Premises or storage, as by Tenant hereunder. Tenant shall ensure that the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part removal of such Tenant’s Property items and the repair of the Premises will be completed prior to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under such termination of this Lease as by a b▇▇▇ of saleLease.
Appears in 2 contracts
Sources: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)
Surrender of Premises. Upon the termination, whether by lapse of time Expiration Date or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the 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 the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expensesleast thirty (30) days prior to the Expiration Date, that such Lines shall be entitled to remove and/or store such Tenant’s Property surrendered with the Premises; and Landlord shall be (ii) in no event be responsible for the valuecase of the earlier termination of this Lease, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any remove such Lines and all reasonable expenses caused by repair such damage promptly after receipt of a notice from Landlord requiring such removal and all storage charges against such repair. Any Lines not required to be removed pursuant to this Section shall become the property so long as the same of Landlord (without payment by Landlord), and shall be surrendered in possession of Landlord or under the control of good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. In addition, if All personal property of Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordnot removed hereunder shall be deemed, at its Landlord’s option, may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and title thereof 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 same in any manner permitted by law. Notwithstanding anything to the contrary, except for Lines and Equipment (which shall immediately pass be removed in accordance with Section 32 above), Tenant shall have no obligations to Landlord under this Lease as by a b▇▇▇ of saleremove any improvements or Alterations made to the Premises that are not Specialty Improvements.
Appears in 2 contracts
Sources: Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)
Surrender of Premises. Upon No act or omission by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession shall deliver to Landlord the Premises with all improvements located therein in good repair and vacate condition, free of Hazardous Substances placed on the Premises during the Term or during Tenant's occupancy of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)if longer, to Landlord in good condition and repairbroom-clean, ordinary reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, as to which Sections 12 and 13 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver 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 Provided that Tenant has performed all of its obligations hereunder, Tenant may, prior to the end of the Term, 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 permits such removal). Additionally, at Landlord’s rights under Section 23 hereof's option, if Tenant fails shall, prior to the end of the Term, remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, cabling, and furniture as Landlord may request; however, Tenant shall not be required to remove any addition or improvements to the Premises unless Landlord has notified Tenant of Tenant’s Property within one (1) day after Landlord's request to remove same at the time Landlord approves the plans for addition or improvements. Tenant shall repair all damage caused by any removal prior to the expiration or sooner termination of this Lease, or Tenant’s right to possession hereunder, Landlord. All items not so removed shall, 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. 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 written notice from Landlord, Landlord, at its 's option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall immediately pass to Landlord under not be considered a strict foreclosure. The provisions of this Lease as by a b▇▇▇ Section 18 shall survive the end of salethe Term.
Appears in 2 contracts
Sources: Lease Agreement (Eresearchtechnology Inc), Lease Agreement (Premier Research Worldwide LTD)
Surrender of Premises. 26.1 Tenant shall arrange to meet Landlord for two (2) joint inspections of the Premises, the first to occur at least thirty (30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant has vacated the Premises.
26.2 All alterations, additions, and improvements in, on, or to the Premises made or installed by or for Tenant, including, without limitation, carpeting (collectively, “Alterations”), shall be and remain the property of Tenant during the Term. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the LeaseTerm, Tenant will at once surrender possession all Alterations, unless otherwise previously agreed to by Landlord in writing, shall become a part of the realty and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), shall belong to Landlord in good condition and repairwithout compensation, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 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. 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 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 as by a b▇▇▇▇ of sale. Subject to Article 6, 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 Alterations 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 must, at Tenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s furniture, furnishings, equipment, movable partitions of less than full height from flora to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the 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 Personalty, as well as any damage caused by such removal. Notwithstanding any language of this Article 26 to the contrary, Tenant shall not be obligated to remove and/or restore at the end of the Term (a) any wall to wall carpeting or (b) any improvements performed pursuant to the Work Letter attached hereto as Exhibit B (whether performed by Landlord or Tenant) to prepare the Premises for Tenant’s initial occupancy (except that, in any case, Tenant shall be required to remove all data/telecommunications cabling and wiring installed by or on behalf of Tenant pursuant to this Section 26.2, including, without limitation, Tenant’s Tel/Data Work (as defined in the Work Letter attached hereto as Exhibit B)).
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant’s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease.
Appears in 2 contracts
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 other termination of this Lease, Tenant shall quit and surrender to Landlord the Demised Premises and every part thereof and all alterations, additions and improvements thereto, broom clean and in good condition and state of repair, reasonable wear and tear, damage due to Casualty and Condemnation which is not Tenant's responsibility to repair or restore, excepted. Tenant shall remove all personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises, and Tenant shall restore the Demised Premises to the condition immediately preceding the time of placement thereof, reasonable wear and tear and damage to Casualty and Condemnation which is not Tenant’s right 's responsibility to possession hereunderrepair or restore, excepted. At Landlord's option, at Tenant’s sole cost and expenses, Tenant shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be in no event also be responsible for removing all wires and cables installed by Tenant in the valueDemised Premises and other portions of the Building to serve Tenant's telecommunications and computer systems in the Demised Premises, preservation and the removal of such wires and cables shall be effected by Tenant without damage to the Building and without interference with the business or safekeeping thereofoperations of Landlord or any other tenant of the Building. If Tenant shall fail or refuse to remove all of Tenant's effects, personalty and equipment from the Demised Premises and the Building upon the expiration or termination of this Lease 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 pay Landlord, upon demand, Landlord on demand any and all reasonable expenses incurred by Landlord in the removal of such property, including, without limitation, the cost of repairing any damage to the Building or Project caused by the removal of such removal property and all storage charges against (if Landlord elects to store such property so long as the same property). The covenants and conditions of this Article 32 shall be in possession survive any expiration or termination of Landlord or under the control of Landlord. 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 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 as by a b▇▇▇ of saleLease.
Appears in 2 contracts
Sources: Lease Agreement (Premiere Global Services, Inc.), Lease Agreement (Premiere Global Services, Inc.)
Surrender of Premises. Upon At the terminationexpiration of the Term or earlier termination of this Lease, whether Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by lapse acts of time God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include any damage or otherwisedeterioration that would have been prevented by proper maintenance by Tenant, or upon Tenant otherwise performing all of its obligations under this Lease, or any damage or deterioration due to or associated with prolonged hours, non-office use, unusually heavy people loads (defined as more than one person per two hundred (200) rentable square feet), unusually heavy utility use, unusually heavy floor loads, or other unusual occupancy factors. On or before the expiration or earlier termination of this Lease, Tenant shall remove (i) all of Tenant’s right Property (defined below) and Tenant’s signage from the Premises and other portions of the Project, (ii) any Alterations Landlord may, by notice to possession without Tenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the Leasescheduled Expiration Date, in which event no advance notice shall be required), require Tenant, at Tenant’s expense, to remove, and Tenant will shall repair any damage caused by all of such removal activities. Notwithstanding the foregoing, in the event Tenant is unable to use the loading dock serving the adjoining premises for the purpose of vacating the Premises at once surrender possession the expiration of the Term (as the same may be extended), and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements as a result Tenant is required to remove pursuant to Section 8 hereof)cubicles, to Landlord in good condition and repairwiden doorways, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenanceopen the wall, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 take other similar steps to remove any of Tenant’s Property within one (1) day after from the termination Premises, Tenant shall be required to restore any damage to the storefront and/or exterior walls of this Lease, or Tenant’s right to possession hereunder, Landlord, the Building resulting from the foregoing actions at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such expense. Tenant’s path of travel within the Premises while removing the Tenant’s Property shall be as identified and shown on Exhibit H attached hereto, and Tenant’s removal of cubicles or interior walls along the path of travel shown on Exhibit H within the Premises shall be at Tenant’s sole cost, and Landlord shall be in no event be responsible responsible, at Landlord’s sole cost, for the valuerestoration of any cubicles and repairs to any interior walls along the path of travel shown on Exhibit H within the Premises. “Tenant’s Property” means all equipment, preservation trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or safekeeping thereofcaused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), inventories, goods and personal property of Tenant. Any of Tenant’s Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. Notwithstanding anything to the contrary contained herein, Tenant shall prior to the expiration of this Lease, at Tenant’s expense and in compliance with the National Electric Code and other applicable Laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the benefit of Tenant in or around the Premises (collectively, the “Cabling”); provided, however, Tenant shall not remove such Cabling if Tenant receives a written notice from Landlord at least thirty (30) days prior to the expiration of the Lease authorizing such Cabling to remain in place, in which event the Cabling shall be surrendered with the Premises upon the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Tenant shall not be required to remove any Cabling existing in the Premises prior to the date of this Lease. All Alterations except those which Landlord requires Tenant to remove at the time Landlord’s consent is granted to the making of such Alterations shall remain in the Premises as the property of Landlord. Tenant shall pay Landlordindemnify, upon demand, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all reasonable expenses caused Claims (defined below) (x) arising from any delay by such removal and all storage charges against such property Tenant in 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 surrendering the Premises including, without limitation, any Claims made against Landlord by any succeeding tenant or storage, as prospective tenant founded on or resulting from such delay and (y) suffered by Landlord due to lost opportunities to lease any portion of the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all Premises to any such succeeding tenant 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 as by a b▇▇▇ of saleprospective tenant.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Restoration Robotics Inc)
Surrender of Premises. Upon the terminationTenant shall, whether by lapse of time upon expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant commenced business operations therein, reasonable wear and tear and damage by fire or other casualty excepted and subject to Tenant’s right obligations under Paragraphs 12, 13, 38 and 39 and the Tenant Improvement Agreement. Tenant shall remove all of its debris from the Project. At or before the time of surrender, Tenant shall comply with the terms of Paragraph 12 with respect to possession hereunderthe removal of Alterations to the Premises, LandlordParagraph 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 sole cost and expensesexpense, shall be entitled remove such items and perform such repair and restoration work prior to remove and/or store such Tenant’s Property and Landlord the expiration or upon the earlier termination of this Lease. If the Premises are not so surrendered at the expiration or sooner termination of this Lease, the provisions of Paragraph 26 hereof shall apply. All keys to the Premises or any part thereof shall be in no event be responsible for surrendered to Landlord upon expiration or sooner termination of the value, preservation or safekeeping thereofTerm. Tenant shall pay 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, upon demandshall 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 hereby relinquishes all right, title and interest in the personal property and agrees that Landlord may 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 any and all reasonable expenses caused by such removal and all storage charges against such Losses, whether now known or unknown, arising out of or relating to disposal of personal property so long as the same shall be remaining in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises after the expiration or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part sooner termination of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ of saleLease.
Appears in 2 contracts
Surrender of Premises. Upon Tenant will surrender each Phase of the termination, whether by lapse of time Premises to Landlord at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Leasethis Lease in accordance with Section 5.6, Tenant will at once surrender possession above, and vacate the Premisesin as good order, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repairrepair (subject to any repairs and replacements which Landlord is expressly obligated to make under this Lease) as such Phase was delivered to Tenant on the Applicable Phase Delivery Date, ordinary reasonable wear and tear and damage by casualty or condemnation excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs . On or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to before 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 expiration or earlier termination of this Lease, or Tenant shall remove from the Premises Tenant’s right Property (subject to possession hereunderLandlord’s (or Landlord’s affiliate’s) rights under the Collateral Agreements) and any Removal Alterations, Landlord, at Tenant’s sole cost and expenses, but Tenant shall be entitled not have any other obligation to remove and/or store such any Alterations (other than the Removal Alterations) at the expiration or earlier termination of the Term. Tenant will promptly repair any damage to the Premises caused by its or a member of the Tenant Group’s removal of the Tenant’s Property and Removal Alterations. Upon Tenant’s reasonable written request, Landlord shall be in no event be responsible provide Tenant reasonable access to the Premises for a period of one hundred eighty (180) days following the expiration or earlier termination of this Lease for the valueremoval of Tenant’s Property; provided, preservation or safekeeping thereof. however, Landlord may determine in its reasonable discretion the days and times during which Tenant may enter the Premises for such purpose, and Tenant shall pay minimize any interference with Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such ’s use of the Premises while Tenant is on the Premises. All property so long as of Tenant or a member of the same Tenant Group not removed on or before the last day of the Term shall be in possession of Landlord or under the control of Landlord. In addition, deemed abandoned if not removed by Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) 180 days after written notice from Landlord. Tenant will indemnify and hold Landlord harmless from, Landlordany claims, at its optionloss, may deem all injury, liability, or damages (including reasonable attorneys’ fees) incurred by any part Landlord Party as a result of such persons or firms entering the Premises on Tenant’s behalf to complete to remove Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under following expiration or earlier termination of this Lease as by a b▇▇▇ of saleLease.
Appears in 2 contracts
Sources: Facility Lease Agreement (GT Advanced Technologies Inc.), Facility Lease Agreement (GT Advanced Technologies Inc.)
Surrender of Premises. (a) Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the Leaseterm hereof, Tenant will at once shall surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord in good the same condition and repairas when received, ordinary wear and tear excepted; conditions existing because and damage by fire, earthquake, act of God or the elements excepted and, at Tenant’s failure 's sole cost, shall remove all movable furniture, equipment, trade fixtures and personal property (except partitions, in accordance with Paragraph 9 of this Lease) and repair any damage in the Premises or elsewhere in the Building caused by such removal. Any property which is not so removed by Tenant within fifteen (15) calendar days following notice thereof to perform maintenanceTenant shall be deemed abandoned by Tenant, repairs or replacements as required and title to such property shall, at Landlord's election, pass to Landlord, provided that any such abandonment and transfer of Tenant under this Lease title shall not be deemed “reasonable wear to be a waiver of Landlord's rights and tear.” remedies against Tenant for removal of such items by Tenant. Whether or not title shall surrender so pass to Landlord, Landlord all keys may cause such property to be removed and stored and/or disposed of, and may make appropriate repairs to the Premises and make known to Landlord Building, and Tenant shall pay the explanation cost of all combination locks, which Tenant is permitted to leave such action 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 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 thereofdemand. Tenant shall pay indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, removing property and 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 reasonable control (financial inability excepted).
(b) The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof shall not work a merger, and at the option of Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same (i) 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, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem terminate all or any part of such Tenant’s Property to have been abandoned by Tenant and title thereof existing subleases or subtenancies, or (ii) shall immediately pass operate as an assignment to Landlord under this Lease as by a b▇▇▇ of saleall or any such subleases or subtenancies.
Appears in 2 contracts
Sources: Lease (Montgomery Realty Group Inc), Lease (Montgomery Realty Group Inc)
Surrender of Premises. Upon the terminationexpiration of this Lease pursuant to its terms (or, whether by lapse in the event of time or otherwise, or upon any a termination of Tenant’s right to possession without termination this Lease on a date other than the scheduled Expiration Date of the this Lease, as promptly as commercially practicable thereafter (but in any event within thirty (30) days thereafter during which 30-day period Tenant will at once shall be liable for holdover rent pursuant to Section 30 hereof)), Tenant shall surrender possession and vacate to Landlord the Premises, together with including all Leasehold Improvements Alterations constructed by Tenant therein and all Personal Property (except those Leasehold Improvements other than Alterations that Tenant is required to remove in accordance with Section 14 below and expressly excluding any and all Tenant’s Personal Property), free and clear of any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Law (including, without limitation, Environmental Laws), to the extent required by Section 12 and Section 28, and in as good (or better) condition and repair as required pursuant to Section 8 hereof)11, to Landlord in good condition and repair, ordinary reasonable wear and tear and damage from fire or other casualty excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs . Upon the expiration or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, Tenant shall have the right to remove any or all of Tenant’s right Personal Property installed or placed on the Premises by Tenant or any subtenant or assignee of Tenant, in which case Tenant shall be responsible for repairing any and all damage to possession hereunderthe Premises caused by said removal. In the event Tenant fails to remove all of Tenant’s Personal Property from the Premises within thirty (30) days after expiration or earlier termination of this Lease; then any such Tenant’s Personal Property not so removed shall, at Landlord’s election, be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from the Premises and have it stored or discarded at Tenant’s sole cost risk 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 thereofexpense. Tenant shall pay Landlord, upon demand, any repair and restore and save Landlord harmless from all reasonable expenses damage to the Premises caused by such removal and all storage charges against such property so long as by Landlord, except to the same shall be in possession extent caused by the gross negligence or willful misconduct of Landlord or under any Landlord’s Representatives. Notwithstanding anything to the control contrary contained herein, in the event that any applicable EV Agreements are still in force at the expiration or earlier termination of Landlord. In additionthis Lease, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from unless requested by Landlord, Landlord, at its option, may deem all Tenant shall not remove the EV Equipment and such EV Equipment shall become the property of Landlord without any payment 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 as by a b▇▇▇ of saleoffset therefor.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Sierra Bancorp), Purchase and Sale Agreement (Sierra Bancorp)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofunless 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 Landlord in good condition and repairTenant’s specific use (with such cleaning by commercial cleaning application as approved by Landlord), ordinary reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver 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 hereofTenant will remove all unattached trade fixtures, if Tenant fails to remove any of Tenant’s Property within one (1) day after the termination of this Leasefurniture, or 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 personal property placed 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. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storageelsewhere 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 as the case may bedescribed in Section 8(a), within Tenant shall (not later than ten (10) days after written notice from Landlordthe expiration or earlier termination of the Lease) remove such Specialty Alterations, Landlordas well as wiring, conduits, or cabling installed by Tenant; however, Tenant shall not be required to remove the 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 writing that such other improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any obligation to account for such items; any such disposition shall immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a b▇▇▇ Section 20 shall survive the expiration or earlier termination of salethe Lease.
Appears in 2 contracts
Sources: Sublease (Corcept Therapeutics Inc), Lease Agreement (Zuora Inc)
Surrender of Premises. Upon Tenant shall surrender possession of the terminationPremises to Landlord at the expiration or earlier termination of this Lease in good order, whether condition and repair, reasonable wear and tear, permitted Alterations and damage by lapse 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 time or otherwiseBase 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 surrendering possession of the Premises Tenant shall remove all of its property from the Premises and repair any damage to the Premises or the Building caused by such removal. If Landlord’s consent to any Alterations to the Premises by Tenant was conditioned upon any termination of Tenant’s right removal of such Alterations and restoration of the Premises to possession without its condition prior to such Alterations, 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 the Premises restored to its prior condition upon the expiration or termination of the Lease, or if Tenant will 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 once surrender possession Tenant’s expense. Tenant hereby releases the Landlord Parties and vacate the Premisesshall indemnify, together defend (with all Leasehold Improvements (except those Leasehold Improvements Tenant is required counsel reasonably acceptable to remove pursuant to Section 8 hereofLandlord), to protect and hold harmless the Landlord in good condition Parties from and repair, ordinary wear and tear excepted; conditions existing because of against any Claim resulting from Tenant’s failure to perform maintenanceor delay in surrendering the Premises in accordance with this Section 16.1 including, repairs or replacements as required 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 under this Lease not removed on or before the last day of the Term shall not be deemed “reasonable wear abandoned, and tear.” can be disposed of by Landlord as, in its sole and absolute discretion, it deems appropriate without any credit or payment to Tenant. Tenant shall surrender to appoints 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 as Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right agent to possession hereunder, Landlordremove, at Tenant’s sole cost and expensesexpense, shall be entitled to remove and/or store such all of 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. In addition, if Tenant fails to remove any Tenant’s Property from the Premises upon the expiration or storageearlier termination of this Lease. Landlord shall not be liable for disposal, as the case may bedamage, within ten (10) days after written notice from Landlordtheft, Landlord, at its option, may deem all misappropriation or any part loss of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ property resulting from the removal or storage of saleany of Tenant’s property or in any manner in respect thereto.
Appears in 1 contract
Surrender of Premises. Upon the terminationexpiration of this Lease pursuant to its terms (or, whether by lapse in the event of time or otherwise, or upon any a termination of Tenant’s right to possession without termination this Lease on a date other than the scheduled Expiration Date of the this Lease, as promptly as commercially practicable thereafter (but in any event within ten (10) days thereafter, during which 10-day period Tenant will at once surrender possession and vacate shall be liable for the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove holdover rent pursuant to Section 8 29 hereof)), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord the Premises, including all keys to Alterations constructed by Tenant therein that Landlord has not requested that Tenant remove in accordance with Section 13 below, with all fixtures appurtenant thereto (but not including furnishings, trade fixtures, furniture, computers, telephone systems, machinery, equipment and other Personal Property installed or placed on the Premises by Tenant (collectively, “Tenant’s Personal Property”)), free and make known to Landlord the explanation clear of all combination locks, which Tenant is permitted to leave any occupants or tenancies (including subtenancies) (other than subtenants under subleases as in effect on the date hereof) and in compliance with Laws (including, without limitation, Environmental Laws) and in as good (or better) condition and repair as existed as of the Commencement Date, reasonable wear and tear and damage from fire or other casualty excepted, and any new buildings, alterations, improvements, replacements or additions constructed by Tenant and remaining at the Premises, in the same or better condition as when completed, reasonable wear and tear and damage from fire or other casualty excepted. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any Any of Tenant’s Personal Property within one (1) day after installed or placed on the termination Premises by Tenant or any subtenant or assignee of this Lease, or 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. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, not removed within ten (10) days after written notice termination or expiration of this Lease shall be deemed abandoned and become the property of Landlord without any payment or offset therefor if Landlord so elects. If Landlord shall not so elect, Landlord may remove such property from Landlord, Landlord, the Premises and have it stored at its option, may deem all or any part of such Tenant’s Property risk and expense. Tenant shall repair and restore and save Landlord harmless from all damage to have been abandoned the Premises caused by Tenant and title thereof shall immediately pass to Landlord under this Lease as such removal by a b▇▇▇ of saleLandlord.
Appears in 1 contract
Sources: Lease Agreement (Big Lots Inc)
Surrender of Premises. Upon the Expiration Date, termination, whether by lapse or Default of time or otherwise, or upon any termination of the Lease in which Tenant’s right to possession without termination of the Leaseis terminated, Tenant will at once shall surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises immediately and deliver vacant possession to Landlord in good condition a clean, good, and repairtenantable condition, except for reasonable use and ordinary wear and tear excepted; conditions existing because tear, and generally in the condition described on Exhibit H attached hereto. Movable trade fixtures and personal property shall be removed from the Premises if Tenant has fulfilled all Lease obligations, unless instructed otherwise by Landlord. All telephone, communication and data lines, cables, electrical equipment, HVAC or other upgrades owned, installed or caused to be installed by Tenant in the Premises or in the plenum of the Building shall not be removed by Tenant unless otherwise required by Landlord. Upon Tenant vacating the Premises, Tenant agrees at Landlord’s option to leave all wiring properly identified. All items authorized to be removed but subsequently not removed shall, at Landlord’s option but subject to Nevada law, be presumed to have been abandoned by Tenant, and title thereto shall pass to Landlord, or Landlord may, at its option, either store or dispose of these items at Tenant’s expense, and Tenant waives all Claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. If any Tenant-Made Alterations have been made by Tenant, with or without Landlord’s approval, Tenant shall, at its expense, and upon request of Landlord, restore the Premises to their original condition. Tenant shall repair any damage caused by the removal of Tenant’s failure movable trade fixtures and personal property and such Tenant-Made Alterations upon surrender of the Premises; provided that if Tenant’s removal and restoration work would damage or otherwise affect the structure of the Premises or the Building, Landlord may, at its option, elect to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear such removal and 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 Tenant’s right to possession hereunder, Landlordrestoration work, at Tenant’s sole cost and expensesexpense, in which case Tenant shall be entitled to remove and/or store such Tenant’s Property and reimburse Landlord shall be in no event be responsible for the value, preservation or safekeeping thereoftherefor upon demand. Tenant shall pay also deliver all keys for the Premises as specified by Landlord, upon demandand inform Landlord of all combinations on locks, safes and any and all reasonable expenses caused by such removal and all storage charges against such property so long as vaults in 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, as the case may be, within ten (10) days after 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 as by a b▇▇▇ of salePremises.
Appears in 1 contract
Sources: Lease Agreement (Boxabl Inc.)
Surrender of Premises. Upon At the termination, whether by lapse end of time the Term or otherwise, any renewal thereof or upon any other sooner termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender peaceably deliver to Landlord possession and vacate of the Premises, together with all Leasehold Improvements improvements or additions upon or belonging to Landlord, by whomsoever made, in the same condition as received (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofe.g., the Premises upon completion of the Landlord’s Work), or first installed, subject to Landlord in good condition the terms of Paragraphs 21 and repair39 and this Paragraph 24, ordinary subject to normal wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required and the rights and obligation of Tenant under concerning casualty damage pursuant to Paragraph 20, damage by fire, earthquake, Act of God, or the elements alone excepted, and subject to any items which are the obligation of Landlord to repair or replace pursuant to the terms of this Lease (however, Landlord shall not be deemed “reasonable wear entitled to charge Tenant for such repairs and tear.” replacements pursuant to Paragraph 3). Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locksshall, 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 upon the termination of this Lease, or remove all personal property, movable furniture, trade fixtures and equipment belonging to Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expensescost, 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. provided that Tenant shall pay Landlord, upon demand, repairs any and all reasonable expenses damage caused by such removal removal. Property which Tenant is not required to and all storage charges against such property does not so long as remove shall be deemed abandoned by Tenant, and title to the same shall thereupon pass to Landlord, excluding any intellectual property rights. Upon request by Landlord, but only if Landlord is entitled to require such removal pursuant to the provisions of Paragraph 6, Tenant shall remove, at Tenant’s sole cost, any or all Alterations to the Premises installed by or at the expense of Tenant and all movable furniture and equipment belonging to Tenant which may be in possession left by Tenant and repair any damage resulting from such removal. The voluntary or other surrender of Landlord this Lease by Tenant, or under a mutual cancellation thereof, shall not work a merger, and shall, at the control option of Landlord. 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 written notice from Landlord, Landlord, at its option, may deem terminate all or any part existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ of salesubleases or subtenancies.
Appears in 1 contract
Sources: Lease Agreement (Audience Inc)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of this Lease or Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate possess the Premises, together Tenant shall (a) deliver to Landlord the Premises broom-clean with all Leasehold Improvements improvements located therein in good repair and condition (except those Leasehold Improvements Tenant is required for condemnation and Casualty damage not caused by Tenant, as to remove pursuant to Section 8 hereofwhich Sections 14 and 15 shall control), to Landlord in good condition free of any liens or encumbrances and repair, ordinary wear and tear exceptedfree of Hazardous Materials placed on the Premises during the Term; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender (b) deliver 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 access cards to the Landlord’s rights under Section 23 hereofProject (and shall reimburse Landlord for the then-current replacement cost charged by Landlord for all such keys and access cards that are not returned); (c) remove all unattached trade fixtures, if furniture (including demountable walls), and personal property placed in the Premises or elsewhere in the Project by a Tenant fails to 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) remove any and all cabling (including conduit) installed in the Premises or elsewhere in the Project by or on behalf of Tenant’s Property within one (1) day after the termination of this Leasea Tenant Party, or Tenant’s right to possession hereunder, Landlordincluding all connections for such cabling, at Tenant’s sole cost and expensesor, shall be entitled to remove and/or store if Landlord so elects, Landlord may perform such removal at Tenant’s Property and sole cost, with the cost thereof to be paid to Landlord shall be in no event be responsible for as Rent (Landlord will have the valueright, preservation or safekeeping thereof. Tenant shall pay Landlordhowever, upon demandnotice 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 reasonable expenses 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 require and restore the areas surrounding such alterations, additions, improvements, and Tenant’s Off-Premises Equipment to their conditions existing immediately prior to the installation of such alterations, additions, improvements, and ▇▇▇▇▇▇’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 such the removal and all storage charges against such property so long as of the same shall be in possession of Landlord or under the control of Landlorditems described above. In addition, if If Tenant fails to remove any Tenant’s Property from property, including any of the Premises or storageproperty described above, as the case may be, within ten (10) days after written notice from Landlord, LandlordLandlord may, at its Landlord’s option, may (1) deem all or any part of such Tenant’s Property items to have been abandoned by Tenant and Tenant, the title thereof shall immediately pass to Landlord under this Lease as at no cost to Landlord, and such items may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a bstrict foreclosure or other exercise of Landlord’s rights in respect of the 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 ▇▇▇▇▇▇ shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with ▇▇▇▇▇▇’s obligations hereunder (including collection costs and attorneys’ fees), plus interest thereon at the Default Rate, or (3) elect any of sale.the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. The provisions of this Section 21 shall survive the end of the Term. 19 7272 Old Town
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse expiration of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once shall peaceably surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord broom clean, in good condition order and repaircondition, ordinary wear and tear and loss by fire (unless caused by Tenant, its agents, servants, employees or invitees) excepted; conditions existing because , and shall deliver all keys to Landlord. Before surrendering the Premises, Tenant shall remove from the Premises and the Building all Alterations, all of Tenantits personal property and trade fixtures and such other property as Landlord shall have the right to require the removal of, in such a 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 failure to perform maintenancereasonable cost of doing so. Tenant shall be responsible for all costs, repairs expenses and damages incurred in such removal. All of the foregoing property not removed from the Premises upon the abandonment thereof or replacements as required upon the termination of Tenant under this Lease for any cause whatsoever shall not conclusively be deemed “reasonable wear to have been abandoned and tear.” may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Tenant or any other person and without any obligation to account therefor. Tenant shall surrender pay Landlord upon demand all expenses incurred in connection with the disposition of such property. Upon termination of the Term, Tenant shall deliver 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 However, no surrender of the Premises shall be effected by Landlord’s rights under Section 23 hereof, if Tenant fails to remove acceptance of the keys or of the rent or by any other means whatsoever without Landlord’s written acknowledgment of Tenant’s Property within one (1) day after the termination of this Lease, or 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 thereofacceptance as surrender. Tenant shall pay Landlordnot be released from obligation in connection with surrender of the Premises until Landlord has inspected the Premises and delivered to Tenant a written release. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Premises, upon demandincluding without limitation thereto, any and all reasonable expenses caused claims made by any succeeding tenant founded on 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, as the case may be, within ten (10) days after 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 as by a b▇▇▇ of saledelay.
Appears in 1 contract
Surrender of Premises. Upon On the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the LeaseExpiration Date, Tenant will at once shall quit and surrender possession and vacate the Premises, Demised Premises together with all Leasehold Improvements alterations, fixtures (except those Leasehold Improvements trade fixtures, it being understood that, if Tenant is required removes trade fixtures, Tenant shall exercise reasonable care in doing so, and the Demised Premises shall be restored to remove pursuant the condition it was in prior to Section 8 hereofthe installation of the trade fixtures, reasonable wear and tear excepted), to Landlord installations, additions and improvements which may have been made in, annexed or otherwise attached thereto, broom clean, and in good condition and repair, ordinary wear and tear excepted; conditions existing because , and except for damage by fire or other casualty which Landlord is required to repair hereunder, unless Landlord provides otherwise in writing. Notwithstanding anything contained in this Lease, unless otherwise requested by Landlord to Tenant in writing prior to the end of the Term, Tenant shall be required, on or before the end of the Term and at Tenant’s cost and expense, to remove all Atypical Alterations (as defined in below) made in connection with the initial Tenant Work for any of the Demised Premises and to restore such portion of the Demised Premises affected by such Atypical Alterations, and the removal thereof, to the condition prior to such initial Tenant Work and otherwise in the condition required under this Lease. Any personal property of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locksany subtenant or occupant, which Tenant is permitted to leave shall remain in or 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 Demised Premises later than 15 days after the termination of this LeaseLease (except if the Lease is terminating on the natural expiration of the Term or pursuant to Section 4.03 hereof, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost in which case such 15 day grace period shall not be applicable) 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. 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 written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property , subtenant or occupant from the Demised Premises, may, at the option of Landlord and without notice, be deemed to have been abandoned by such Tenant, subtenant or occupant, and may either be retained by Landlord as its property or be disposed of, without accountability, in such manner as Landlord may see fit. Tenant shall reimburse Landlord for any cost or expense incurred by Landlord in carrying out the foregoing which obligation shall survive the Expiration Date. Landlord shall not be responsible for any loss or damage occurring to any such property owned by Tenant or any subtenant or occupant. An “Atypical Alteration” means, collectively, any alterations, additions or improvements to the Demised Premises which are not typical alterations, additions or improvements found in similar, Class A office buildings occupied by more than one tenant, including by way of illustration only and title thereof shall immediately pass to Landlord under this Lease as by a bnot of limitation, (i) any wet laboratories or (ii) anything which could materially adversely affect the ▇▇▇▇▇▇▇▇▇ of saleunderfloor duct system installed in the Building.
Appears in 1 contract
Sources: Lease (Authentidate Holding Corp)
Surrender of Premises. 26.1 All alterations, additions, and improvements in, on, or to the Premises made or installed by or for Tenant, including, without limitation, carpeting (collectively, “Alterations”), shall be and remain the property of Tenant during the Term. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the LeaseTerm, Tenant will at once surrender possession all Alterations shall become a part of the realty and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), shall belong to Landlord in good condition and repairwithout compensation, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 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. 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 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 as by a b▇▇▇▇ of sale. 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 Alterations 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. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at the time of Landlord’s approval of the Alterations pursuant to Article 6 or within thirty (30) days after Landlord’s receipt of notice of a Cosmetic Alteration pursuant to Article 6, Tenant shall, at Tenant’s sole cost, remove any Alterations and/or Cosmetic Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal. Tenant must, at Tenant’s sole cost, remove upon the expiration or sooner termination of this Lease, any and all of Tenant’s furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the 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 Personalty, as well as any damage caused by such removal.
26.2 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term
Appears in 1 contract
Sources: Lease (Appgate, Inc.)
Surrender of Premises. Upon the Expiration Date, termination, whether by lapse or Default of time or otherwise, or upon any termination of Tenant’s the Lease in which ▇▇▇▇▇▇'s right to possession without termination of the Leaseis terminated, Tenant will at once ▇▇▇▇▇▇ shall surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises immediately and deliver vacant possession to Landlord in good condition a clean, good, and repairtenantable condition, except for reasonable use and ordinary wear and tear excepted; conditions existing because tear, and generally in the condition described on Exhibit H attached hereto. Movable trade fixtures and personal property shall be removed from the Premises if ▇▇▇▇▇▇ has fulfilled all Lease obligations, unless instructed otherwise by Landlord. All telephone, communication and data lines, cables, electrical equipment, HVAC or other upgrades owned, installed or caused to be installed by Tenant in the Premises or in the plenum of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease the Building shall not be deemed “reasonable wear and tear.” removed by Tenant shall surrender to Landlord all keys to unless otherwise required by Landlord. Upon Tenant vacating the Premises and make known to Landlord the explanation of all combination locksPremises, which Tenant is permitted ▇▇▇▇▇▇ agrees at Landlord's option to leave on the Premisesall wiring properly identified. Subject All items authorized to the be removed but subsequently not removed shall, at Landlord’s rights under Section 23 hereof's option but subject to Nevada law, if Tenant fails be presumed to remove any of have been abandoned by Tenant’s Property within one (1) day after the termination of this Lease, and title thereto shall pass to Landlord, or 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. 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 written notice from Landlord, Landlordmay, at its option, may deem either store or dispose of these items at Tenant's expense, and Tenant waives all or Claims against Landlord for any part damages resulting from ▇▇▇▇▇▇▇▇'s retention and disposition of such property. If any Tenant’s Property to -Made Alterations have been abandoned made by Tenant, with or without Landlord's approval, Tenant shall, at its expense, and title thereof upon request of Landlord, restore the Premises to their original condition. Tenant shall immediately pass to Landlord under this Lease as repair any damage caused by a bthe removal of ▇▇▇ ▇▇▇▇'s movable trade fixtures and personal property and such Tenant-Made Alterations upon surrender of salethe Premises; provided that if Tenant's removal and restoration work would damage or otherwise affect the structure of the Premises or the Building, Landlord may, at its option, elect to perform such removal and restoration work, at Tenant's sole cost and expense, in which case Tenant shall reimburse Landlord therefor upon demand. Tenant shall also deliver all keys for the Premises as specified by Landlord, and inform Landlord of all combinations on locks, safes and any vaults in the Premises.
Appears in 1 contract
Sources: Lease Agreement (Boxabl Inc.)
Surrender of Premises. Upon At the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination expiration of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs Term or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non- working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant’s right , or Tenant otherwise performing all of its obligations under this Lease. On or before the expiration or earlier termination of this Lease, (i) Tenant shall remove all of Tenant's Property (as hereinafter defined) and Tenant's signage from the Premises and the other portions of the Project, (ii) Landlord may, by notice to possession hereunderTenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, Landlordin which event no advance notice shall be required), require Tenant, at Tenant's expense, to remove any or all Alterations and Tenant shall remove such requested Alterations from the Premises, and (iii) to the extent Landlord has advised Tenant on or about the time that the Tenant Improvements were constructed and installed in the Premises that Tenant is to remove all or portions of the items comprising the Tenant Improvements (the "Removable TIs"), Tenant shall remove the Removable TIs. Tenant shall repair any damage caused by such removal of the Tenant's Property, the requested Alterations and the Removable TIs. For purposes hereof, the term “Tenant’s Property” shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Tenant. Any of Tenant's Property not so removed by Tenant as required herein shall be deemed abandoned and may be stored, removed, and/or disposed of by Landlord (at Landlord’s sole cost discretion, unless otherwise required by law), at ▇▇▇▇▇▇'s expense, and expensesTenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property; provided, however, Tenant shall be entitled remain liable to Landlord for all costs incurred in storing and disposing of such abandoned property of Tenant. All Tenant Improvements and Alterations except those which Landlord requires Tenant to remove and/or store such Tenant’s Property shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and Landlord in accordance with the provisions of this Section 10 and Section 27 below, Tenant shall be in no event continue to be responsible for the valuepayment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions; provided, preservation however, such holding over shall not be construed or safekeeping thereofinterpreted as an extension or renewal of this Lease and such holding over shall be deemed a holding over without ▇▇▇▇▇▇▇▇’s consent unless the Landlord otherwise consents in writing to such holding over. Tenant shall pay Landlordindemnify, upon demand, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all reasonable expenses caused damages, expenses, costs, losses or liabilities arising from any delay 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. 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 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 as by a b▇▇▇▇▇▇ in so surrendering the Premises including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Landlord made by any succeeding tenant or prospective tenant founded on or resulting from such delay and losses and damages suffered by Landlord due to lost opportunities to lease any portion of salethe Premises to any such succeeding tenant or prospective tenant, together with, in each case, actual attorneys' fees and costs.
Appears in 1 contract
Surrender of Premises. Upon At the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of this Lease or Tenant’s right to possession without termination of the Leasepossession, Tenant will at once surrender possession and vacate shall remove Tenant’s Property from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), and quit and surrender the 739237752.8 19 Premises to Landlord in the same condition as existing on the Rent Commencement Date, free of Hazardous Materials not existing as of the Commencement Date, which was brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than a Landlord Related Party (collectively, “Tenant HazMat Operations”), broom clean, and in good order, condition and repair, ordinary wear and tear and casualty excepted; conditions existing because . In addition, Tenant shall not be required to remove any Landlord approved Alterations unless Landlord stated in writing at the time of approval of the Alteration that such Alternation would need to be removed. Tenant shall pay for or reimburse Landlord, as applicable, for any damage, expense or loss suffered by Landlord in connection with Tenant’s removal of Tenant’s failure to perform maintenance, repairs Property or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 hereofapproved Alterations, if applicable. If Tenant fails to remove any of Tenant’s Property within one thirty (130) day days after the termination of this Lease, Lease or of Tenant’s right to possession hereunderpossession, Landlord, at Tenant’s sole cost and expensesexpense, shall be entitled (but not obligated) to remove and/or and store such Tenant’s Property and Property. Landlord shall be in no event not be responsible for the value, preservation or safekeeping thereofof Tenant’s Property. Tenant shall pay Landlord, upon demand, any the expenses 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 Landlordincurred for Tenant’s Property. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice from LandlordNotice, Landlord, at its option, Landlord may deem all or any part of such Tenant’s Property to be abandoned, and title to Tenant’s Property shall be deemed to be immediately vested in Landlord. At least two (2) months prior to the surrender of the Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any Governmental Authority) to be taken by Tenant in order to surrender the Premises (including any Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise released for unrestricted use and 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 of 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 be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been abandoned satisfactorily completed and Landlord shall have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the Premises are, as of the effective date of such surrender or early termination of the Lease, free from any residual impact from Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of-pocket expense incurred by Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by Landlord’s environmental consultant with respect to the surrender of the Premises to third parties. If Tenant shall fail to prepare or submit a Surrender Plan approved by Landlord, or if Tenant shall fail to complete the approved Surrender Plan, or if such Surrender Plan, whether or not approved by Landlord, shall fail to adequately address any residual effect of Tenant HazMat Operations in, on or about the Premises, Landlord shall have the right to take such actions as Landlord may reasonably deem appropriate to assure that the Premises and the San Diego Facility are surrendered free from any residual impact from Tenant HazMat Operations, the cost of which actions shall be reimbursed by Tenant as Additional Rent, without regard to the limitation set forth in the preceding paragraph. 739237752.8 20 Tenant acknowledges and title thereof agrees that, notwithstanding anything to the contrary in this Lease, Tenant shall immediately pass (at Tenant’s sole cost and expense) demolish and improve (i) the area depicted on Exhibit F attached hereto located within the Building and (ii) all equipment platforms installed by Tenant in the Premises after the date of this Lease, in each case with industry standard warehouse finishes as reasonably agreed to by Landlord and Tenant (collectively, the “Restoration Work”) at some point in time, determined by Tenant in its sole discretion upon 30 days prior written notice to Landlord under (the “Restoration Work Commencement Notice”), prior to the termination or earlier expiration of the Lease, as more particularly set forth in the final paragraph of this Lease Section 21. Tenant acknowledges that, upon the expiration of the Term of the Lease, the Restoration Work shall become the property of Landlord and may not be removed by Tenant. The Restoration Work shall be treated as Alterations and shall be undertaken pursuant to Section 5 of this Lease. The contractor for the Restoration Work shall be selected by Tenant, subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Prior to the commencement of the Restoration Work, Tenant shall deliver to Landlord a b▇▇▇ copy of saleany contract with Tenant’s contractors, and certificates of insurance from any contractor performing any part of the Restoration Work evidencing industry standard commercial general liability, automotive liability, “builder’s risk”, and workers’ compensation insurance. Tenant shall cause the general contractor to provide a certificate of insurance naming Landlord, Alexandria Real Estate Equities, Inc., and Landlord’s then current Mortgagee (if any) as additional insureds for the general contractor’s liability coverages required above. Upon completion of the Restoration Work, Tenant shall deliver to Landlord the following items: (i) sworn statements setting forth the names of all contractors and subcontractors who did work on the Restoration Work, as applicable, and final lien waivers from all such contractors and subcontractors; and (ii) hard copy and electronic “as built” plans for the Restoration Work, as applicable. Notwithstanding the foregoing, in lieu of Tenant performing the Restoration Work as described above, Landlord may at any time elect by delivery of written notice to Tenant to have Tenant pay to Landlord, at the expiration or earlier termination of the Term, an amount equal to the amount required to complete the Restoration Work, as reasonably determined by Tenant’s general contractor and reasonably approved by Landlord, provided, however, Landlord shall have the right to reasonably approve the architect, the plans and specifications, and the general contractor, pursuant to which such amount is determined (such Landlord-approved amount being the “Restoration Work Payment Amount”). In the event Tenant delivers a Restoration Work Commencement Notice, Tenant shall not commence the Restoration Work until Tenant receives a written response from Landlord electing either that (x) Tenant may commence the Restoration Work or (y) Tenant shall pay to Landlord the amount described in this paragraph in lieu of completing the Restoration Work. If Landlord does not provide such an election within 15 days following Landlord’s receipt of the Restoration Work Commencement Notice, then Tenant may provide Landlord with a second written notice stating in bold and all caps 12 point font that Landlord’s failure to make an election provided in this paragraph within 15 days after Landlord’s receipt of the second notice shall be deemed Landlord’s election that Tenant may either (i) commence the Restoration Work or (ii) pay to Landlord the Restoration Work Payment Amount after the determination thereof.
Appears in 1 contract
Sources: Lease Agreement (Quidel Corp /De/)
Surrender of Premises. Upon On the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination last day of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 term of this Lease, or Tenant’s right to possession hereunderon the sooner termination thereof, LandlordLessee shall peaceably surrender the Premises in good condition and repair (reasonable wear and tear, as well as fire and casualty damage, excepted). On or before the last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at Tenant’s its sole cost and expensesexpense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed may at Lessor's option be deemed abandoned. Lessee hereby appoints Lessor its agent to remove all property of Lessee from the Premises upon termination of this Lease (if Lessee has failed to do so prior to termination) and to 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 of and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all costs and expenses of such removal, transportation and storage. In the event Lessee fails to so remove all of its property, equipment, and trade fixtures, Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to removal, transportation or storage of abandoned property and with respect to restoring said Premises to good order, condition and repair. All alterations, additions and fixtures, other than Lessee's trade fixtures and equipment, which have been made or installed by either Lessor or Lessee upon the Premises, shall be entitled to remove and/or store such Tenant’s Property remain the property of Lessor and Landlord shall be surrendered with the Premises as a part thereof, subject to Article XVI hereof. If the Premises be not 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 no event be responsible so surrendering the Premises, including, without limitation, claims made by any succeeding Lessees founded on such delay and any attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the valuePremises to Lessor at the place then fixed for the payment of rent and shall inform Lessor of combinations on any vaults, preservation or safekeeping thereoflocks and safes left on the Premises. Tenant In 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, it shall pay Landlordbe deemed to be occupying the Premises as a Lessee from month-to-month, upon demandsubject to all the provisions, any conditions and all reasonable expenses caused by such removal and all storage charges against such property so long obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy, except that the Base Rent shall be escalated to Lessor's then current rental rate schedule for prospective Lessees. In the event Lessee remains 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, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part expiration of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease and without the execution of a new lease and without Lessor's written consent, Lessee shall be deemed to be occupying the Premises without claim of right and 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 shall pay as a charge for each day of occupancy an amount equal to double the Base Rent and Additional Rent (on a daily basis) then currently being charged by Lessor on new leases in EastPark One for space similar to the Premises. Within that 30 days before Lessee's vacating the Premises, Lessor and Lessee will arrange a b▇▇▇ mutually agreeable time to make a joint inspection of salethe Premises for discovery of possible damages.
Appears in 1 contract
Sources: Gross Lease Agreement (Integrated Information Systems Inc)
Surrender of Premises. 35.1 Upon the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once shall promptly surrender possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord in good order and condition and repairin conformity with the applicable provisions of this Lease, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “excepting only reasonable wear and tear.” , casualty and condemnation. Tenant shall surrender to Landlord all keys keys, key cards, security and access codes, etc. to the Premises and make known to Landlord the explanation combination of all combination locks, locks which Tenant is permitted required to leave on the Premises. Subject For purposes of this Lease, the terms “reasonable wear and tear” and “ordinary wear and tear” constitute 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 terms excuse Tenant from its duty to keep the Premises in good maintenance and repair or otherwise usable, serviceable and tenantable as required by this 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 not be required to remove Landlord’s rights under Section 23 hereofWork. Tenant shall, if at its sole cost and expense, repair any damage caused by the removal of Tenant’s Work, Alterations and Tenant’s Property, and perform such other work as is reasonably necessary to restore the Premises to “move in” condition. If Tenant fails to remove any of Tenant’s Property within one the foregoing items or to perform any required repairs and restoration, such failure shall be deemed a holding over by Tenant under Section 36 hereof, and Landlord may (1) day after the termination of this Lease, or Tenant’s right without liability to possession hereunder, LandlordTenant for loss thereof), at Tenant’s sole cost and expensesexpense and in addition to Landlord’s other rights and remedies under this Lease, shall be entitled to at law or equity: (i) remove and/or and 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, items; and/or (ii) 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. 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 prior written notice from Landlordto Tenant, Landlord, sell such items at private or public sale for such price as Landlord at its option, discretion may deem all or obtain. Landlord shall apply the proceeds of any part of such Tenant’s Property sale to have been abandoned by Tenant and title thereof shall immediately pass any amounts due to Landlord under this Lease as by a b▇▇▇ from Tenant (including Landlord’s reasonable attorneys’ fees and other costs incurred in the removal, storage and/or sale of salesuch items and performance of any required repairs and restoration), with any remainder to be paid to Tenant.
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse of time Expiration Date or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition specified in Article 9 above. On or before the Expiration Date or earlier termination of this Lease, Tenant shall remove all of its personal property from the Premises and repair at its cost and expense all damage to the Premises or Building caused by such removal. In addition, Tenant’s right to possession hereunder, Landlord, at Tenant’s sole its cost and expensesexpense, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be all Lines installed by or for Tenant that are located within the Premises or, in no event be responsible for the valuecase of Lines exclusively serving the Premises, preservation or safekeeping thereof. Tenant shall pay Landlordanywhere in the Project, upon demandincluding, any without limitation, the Building plenum, risers and all reasonable expenses conduits, and repair all damage to the Project caused by such removal as follows: (i) in the case of the expiration of the Term, Tenant shall remove such Lines and all storage charges against repair such property so long as damage on or before the same Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in possession the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord or under the control of (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. In addition, if All personal property of Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordnot removed hereunder shall be deemed, at its Landlord’s option, may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and title thereof shall immediately pass Landlord may, without any liability to Landlord under this Lease as 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 same in any manner permitted by a b▇▇▇ of salelaw.
Appears in 1 contract
Sources: Office Lease (Jamba, Inc.)
Surrender of Premises. Upon No act by Landlord shall be deemed an acceptance of a surrender of the terminationPremises, whether and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by lapse of time Landlord. At the expiration or otherwise, or upon any termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once surrender possession and vacate shall deliver to Landlord the Premises, together Premises with all Leasehold Improvements (except those Leasehold Improvements Tenant is improvements located therein in the condition required to remove pursuant to Section 8 hereof)be maintained under this Lease, to Landlord in good condition and repairfree of Hazardous Materials placed on the Premises during the Term, ordinary broom-clean, reasonable wear and tear (and condemnation and Casualty damage, as to which Section 14 and Section 15 shall control) excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender deliver 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 Provided that Tenant fails to remove any has performed all of Tenant’s Property within one (1) day after the termination of this Lease, or Tenant’s right to possession its obligations hereunder, LandlordTenant may remove all unattached trade fixtures, at Tenant’s sole cost furniture, and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be personal property placed 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. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storageelsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, as the case may bein whole or in part, within by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall (not later than ten (10) days after written notice from Landlordthe expiration or earlier termination of the Lease) remove such alterations, Landlordadditions (including stairs and bank vaults), improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Tenant shall repair all damage caused by such removal. All items not so removed shall, at its Landlord’s option, may deem all or any part of such Tenant’s Property be deemed to have been abandoned by Tenant and title thereof may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant’s cost without notice to Tenant and without any obligation to account for such items; any such disposition shall immediately pass to Landlord not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the security interest granted under Section 20. The provisions of this Lease as by a b▇▇▇ Section 21 shall survive the expiration or earlier termination of salethe Lease.
Appears in 1 contract
Surrender of Premises. Upon Tenant will surrender the termination, whether by lapse of time Premises to Landlord at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord this Lease in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall , permitted Alterations and damage by casualty or condemnation excepted, and will surrender to Landlord all keys to the Premises and make known to Property Manager or to Landlord at the explanation place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combination combinations of all locks, which safes and vaults, if any, that will be left by Tenant is permitted to leave in the Premises or elsewhere on the PremisesProject. Subject Tenant will at such time remove all of its property from the Premises and, unless Landlord then agrees to the contrary in writing, all Alterations that Tenant placed on the Premises that Landlord specified were to be removed at the end of the Term when Landlord approved their installation. 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 17.1, Tenant releases and will indemnify, defend (with counsel reasonably acceptable to Landlord’s rights under Section 23 hereof, if Tenant fails to remove ) protect and hold harmless the Landlord Parties from and against any of Claim resulting from Tenant’s Property within one (1) 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 after of the termination of this Lease, or Term is deemed abandoned. Tenant appoints Landlord as Tenant’s right agent to possession hereunder, Landlordremove, at Tenant’s sole cost and expensesexpense, ail of Tenant’s property from the Premises upon termination of this Lease and to cause its transportation and storage for Tenant’s benefit, al! at the sole cost and risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof or in any manner in respect thereto. Notwithstanding the foregoing, Tenant shall not be entitled obligated to remove and/or store such Tenant’s Property and Landlord any of the tenant improvements completed prior to the Commencement Date; provided, however, Tenant shall be in no event be responsible for the valueremoving all data, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, telephone and 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. In addition, if Tenant fails to remove any Tenant’s Property other telecommunication cabling from the Premises within three Business Days after the expiration or storageearlier termination of this Lease, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all and Tenant shall not be obligated to pay any Rent or any part of charges for such three Business Day period. Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord obligations under this Lease as by a b▇▇▇ Section 17.1 shall survive the expiration or earlier termination of salethis Lease.
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse 26.1 Tenant agrees to arrange to meet Landlord for two (2) joint inspections of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements the first to occur at least thirty (except those Leasehold Improvements 30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because has vacated the Premises. In the event of Tenant’s failure to perform maintenanceparticipate in either such inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration.
26.2 All alterations, additions, and improvements in, on, or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord which exist as of the explanation of all combination locks, which Lease Reference Date or are made or installed by or for 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 LeaseLease Reference Date, or Tenant’s right to possession hereunderincluding, Landlordwithout limitation, at Tenant’s sole cost and expensescarpeting (collectively, “Alterations”), shall be entitled to remove and/or store such Tenant’s Property and Landlord remain the property of Tenant during the Term. Upon the expiration or sooner termination of the Term, all Alterations 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. 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 written notice from Landlord, Landlord, at its option, may deem all or any become a part of such Tenant’s Property the realty and shall belong to have been abandoned by Tenant Landlord without compensation, and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇▇ of sale. 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 Alterations 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. Notwithstanding the foregoing, Tenant shall, at Tenant’s sole cost, complete all Pre-Existing Alterations Restoration Work (as defined below) and, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant’s sole cost, remove any Alterations made after the Lease Reference Date [*], as defined below, so designated by Landlord’s notice, including all laboratory space build-out and Alterations, and repair any damage caused by such removal. Tenant must, at Tenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the 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 Personalty, as well as any damage caused by such removal. “[*]. As part of Tenant’s restoration obligations, Tenant agrees to restore all areas of the Premises shown in ▇▇▇▇ highlight on Exhibit F attached hereto and made a part hereof to a vanilla shell condition, including open space, with existing floors removed and restored to vanilla shell condition and ready for carpet, drop ceiling with ceiling grid, ceiling tiles, and sprinkler systems (sprinkler heads must be restored to standard office height), walls restored and ready for paint, and standard office lighting (together, the “Pre-Existing Alterations Restoration Work”).
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant’s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Acell Inc)
Surrender of Premises. Upon the termination, whether by lapse of time Expiration Date or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by this Lease, normal wear and tear and damage and destruction which Tenant is not obligated to repair excepted, and 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 the Premises. On or before the Expiration Date or earlier termination of this Lease, Tenant’s right to possession hereunder, Landlord, at Tenant’s sole its cost and expensesexpense, shall be entitled 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 and/or store such Tenant’s Property and Landlord shall be all Lines installed by or for Tenant that are located within the Premises or, in no event be responsible for the valuecase of Lines exclusively serving the Premises, preservation or safekeeping thereof. Tenant shall pay Landlordanywhere in the Project, upon demandincluding, any without limitation, the Building plenum, risers and all reasonable expenses conduits, and repair all damage to the Project caused by such removal as follows:
(i) in the case of the expiration of the Term, Tenant shall remove such Lines and all storage charges against repair such property so long as damage on or before the same Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in possession the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed pursuant to this Section shall become the property of Landlord or under the control of (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. In addition, if All personal property of Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordnot removed hereunder shall be deemed, at its Landlord's option, may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and title thereof shall immediately pass Landlord may, without any liability to Landlord under this Lease as 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 same in any manner permitted by a b▇▇▇ of salelaw.
Appears in 1 contract
Surrender of Premises. Upon On the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination last day of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 term of this Lease, or Tenant’s right on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to possession hereundermake repairs as herein provided. On or before the last day of the term of this Lease, Landlordor the date of sooner termination thereof, Lessee shall, at Tenant’s its sole cost and expensesexpense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall be entitled deemed abandoned. Lessee hereby appoints Lessor its agent to remove and/or store all property of Lessee from the Premises upon termination of this Lease and to 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 and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all costs and expenses of such Tenant’s Property removal, transportation and Landlord storage. Lessee shall leave the Premises in good order, condition and repair, reasonable wear and tear and damage from fire and other casualty not caused by Lessee excepted. Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to removal, transportation or storage of abandoned property and 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, equipment and other removable personal property, which have been made or installed by either Lessor or Lessee upon the Premises shall remain the property of Lessor and 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 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 no event be responsible 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 valuePremises to Lessor at the place then fixed for the payment of rent and shall inform Lessor of the combinations of any vaults, preservation or safekeeping thereoflocks and safes left on the Premises. Tenant In 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 pay Landlordbe deemed to be occupying the Premises as a tenant from month-to-month, upon demandsubject to all the provisions, any conditions and all reasonable expenses caused by such removal and all storage charges against such property so long obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy, except that the Base Rent shall be escalated to one hundred fifteen percent (115%) of the Base Rent payable hereunder immediately prior to the expiration of this Lease. In the event Lessee remains 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, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part expiration of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease and without the execution of a new lease and without Lessor's written consent, Lessee shall be deemed to be occupying the Premises without claim of right and 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 shall pay as a charge for each day of occupancy an amount equal to one hundred fifteen percent (115%) of the Base Rent (on a daily basis) payable hereunder immediately prior to the expiration of this Lease plus the Additional Rent (on a daily basis) then currently being charged by a b▇▇▇ of saleLessor on new leases in the Complex for space similar to the Premises.
Appears in 1 contract
Sources: Lease Agreement (Syntellect Inc)
Surrender of Premises. Upon Tenant hereby agrees to vacate the terminationPremises and surrender and deliver exclusive possession of the Premises to Landlord at any time during the period commencing on July 31, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination 2019 and ending on the Termination Date in accordance with the applicable surrender provisions of the Lease; provided, however, that, notwithstanding anything to the contrary set forth in the Lease (including, without limitation, Section 21 of the Original Lease), Tenant will shall not be required to remove (A) any alterations, additions or improvements previously made to the Premises prior to the Effective Date, (B) the Lines, or (C) the Generator (the date on which Tenant so surrenders and delivers exclusive possession of the Premises to Landlord in accordance with this Agreement is referred to as the "Surrender Date"). Without limiting the generality of the foregoing, on or before the Surrender Date, Tenant shall, at once surrender possession Tenant's sole cost and vacate expense, remove or cause to be removed from the Premises any and all furniture, trade fixtures and equipment, free-standing cabinet work, and, subject to the foregoing sentence, all other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)and such similar articles of any other persons claiming under Tenant, and deliver the Premises to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” a broom-clean condition. Tenant shall surrender to Landlord immediately repair at its own expense all keys damage to the Premises and make known to Landlord the explanation of all combination locks, which Tenant is permitted to leave on the PremisesBuilding resulting from any such removal. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any of Tenant’s Property within one (1) day after complete such removal and/or repair all damage to the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost Premises 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 Building caused by such removal removal, Landlord may (but shall not be obligated to) do so, and all storage charges against such property so long as may charge the same reasonable and actual costs incurred by Landlord in connection therewith to Tenant, which costs shall be in possession of reimbursed by Tenant to Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten thirty (1030) days after written notice Tenant's receipt of invoice therefor 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 as by a b▇▇▇ of sale.
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any At termination of Tenant’s right this or any renewal term, the Lessee does agree to possession deliver the Premises in the same condition as received by it on the Commencement Date, (subject to the removals hereinafter required) as the Leased Premises were on the date the Lessee opened the Leased Premises for business to the public, reasonable wear and tear excepted, and shall surrender all keys for the Leased Premises to Lessor at the place then fixed for the payment of rent, and shall inform Lessor of all combination of locks, safes and vaults, if any, in the Leased Premises. Lessee, during the last thirty (30) days of such term, shall remove all its trade fixtures, and, to the extent required by Lessor by written notice, any other installations, alterations or improvements provided herein, before surrendering the Leased Premises as aforesaid and shall repair any damage to the Leased Premises caused thereby. Lessee's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease term. Any items remaining in the Premises on the termination date of this Lease shall be deemed abandoned for all purposes and shall become the property of Lessor, and the latter may dispose of the same without termination liability of any type or nature. Lessee shall remove back to its source, all cabling for phones, computers, data lines, electrical lines and all other wiring which were not a part of the original Leased Premises. Ceilings and walls will be professionally repaired to original condition.
26.1 During any time of the Lease or at the end of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, definition for "ordinary wear and tear exceptedtear" shall be defined as follows: The space shall be clean; conditions existing because the walls shall be free of Tenant’s failure to perform maintenanceholes, repairs tears, scrapes, gouges, stains or replacements as required marks, nothing that a single coat of Tenant under this Lease shall paint (if the walls were previously painted) could not cover. Ceiling tiles and grid will all be deemed “reasonable wear in place with no damage. Door/hardware will operate freely, with no scratches, dents, holes or damage. Floor coverings will be clean with no holes, snags, stains, wrinkles or damage. All ceiling lights will be working with ----------------- ------------------ LESSOR'S Initials LESSEE'S Initials no missing or burned out tubes, bulbs or broken lens, all electrical devices will be working and tear.” Tenant shall surrender to Landlord all keys to in place with no cracked or missing covers or damaged devices. At the Premises and make known to Landlord end of 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 Tenant’s right to possession hereunderthe space will be cleaned, Landlord, at Tenant’s sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be carpets shampooed with everything in no event be responsible a good state of repair (except paint) ready 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. In addition, if Tenant fails Lessor to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after 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 as by a b▇▇▇ of salerelet.
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse of time Expiration Date or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition specified in Article 9 above. On or Tenant’s right to possession hereunderbefore the Expiration Date or earlier termination of this Lease, Landlord, Tenant shall remove all of its personal property from the Premises and repair at Tenant’s sole its cost and expenses, shall be entitled expense all damage to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation Premises or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all reasonable expenses Building 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 Landlordremoval. 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 written notice from Landlord, Landlord, at its cost and expense, shall remove all Lines installed by or for Tenant that are located
(i) in the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the Expiration Date, unless Landlord notifies Tenant, at least thirty (30) days prior to the Expiration Date, that such Lines shall be surrendered with the Premises; and (ii) in the case of the earlier termination of this Lease, Tenant shall remove such Lines and repair such damage promptly after receipt of a notice from Landlord requiring such removal and repair. Any Lines not required to be removed 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, may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and title thereof shall immediately pass Landlord may, without any liability to Landlord under this Lease as 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 same in any manner permitted by a b▇▇▇ of salelaw.
Appears in 1 contract
Sources: Office Lease (Mobitv Inc)
Surrender of Premises. Upon Tenant hereby agrees to vacate the terminationPhase 1 Premises and surrender and deliver exclusive possession of the Phase 1 Premises to Landlord on or before the Phase 1 Termination Date, whether by lapse and to vacate the Phase 2 Premises and surrender and deliver exclusive possession of time the Phase 2 Premises to Landlord on or otherwisebefore the Phase 2 Termination Date, each in accordance with the provisions of the Lease and this Agreement. On or upon before the Phase 1 Termination Date, Tenant shall, at Tenant's sole cost and expense, remove or cause to be removed from the Phase 1 Premises any termination and all of Tenant's personal property, and such similar articles of any other persons claiming under Tenant, and deliver the Phase 1 Premises to Landlord in a broom-clean condition. Tenant shall be obligated to remove the building-top component of “Tenant’s Signage” (as that term is defined in Section 23.4 of the Office Lease) on or before August 31, 2022, in the manner required under the Lease. Similarly, on or before the Phase 2 Termination Date, Tenant shall, at Tenant's sole cost and expense, remove or cause to be removed from the Phase 2 Premises any and all of Tenant's personal property and such similar articles of any other person's claiming under Tenant, and deliver the Phase 2 Premises to Landlord in a broom-clean condition, and in addition Tenant shall be obligated to remove Tenant’s sign(s) on any monument sign(s) serving the Project installed as part of Tenant’s right Signage on or before the Phase 2 Termination Date, in the manner required under the Lease. Tenant shall immediately repair at its own expense all damage to possession without termination the Phase 1 Premises and Phase 2 Premises, and the Building, resulting from any such removal in the manner required under the Lease. If Tenant fails to timely complete such removal and/or repair any damage caused by such removal, Landlord may (but shall not be obligated to) take such action as is permitted to Landlord in the Lease. In the event Tenant fails to surrender the Phase 1 Premises and/or the Phase 2 Premises by the applicable Termination Dates, then the holdover provisions of the Lease, Tenant will at once surrender possession and vacate including, without, limitation, Article 16 of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 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. 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 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 as by a b▇▇▇ of saleapply.
Appears in 1 contract
Sources: Lease Termination Agreement (Amn Healthcare Services Inc)
Surrender of Premises. Upon the terminationtermination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon any the termination of Tenant’s 's right to possession without termination of the LeasePremises, Tenant will at once surrender possession and vacate deliver up the Premises, together with all Leasehold Improvements the fixtures (except those Leasehold Improvements other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant is required not to remove pursuant to Section 8 hereof)remove, to Landlord in good condition and repairrepair (including, ordinary wear but not limited to, replacing all light bulbs and tear excepted; conditions existing because ballasts not in good working condition) and in the condition in which the Premises existed as of Tenant’s failure to perform maintenancethe Commencement Date, repairs or replacements as required of Tenant under this Lease shall not be deemed “except for reasonable wear and tear.” . Reasonable wear and tear shall not include any damage or deterioration to the floors of the Premises arising from die use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such termination of thi; Lease, Tenant shall surrender to remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or all keys to the Premises and make known to Landlord the explanation of all combination lockssuch fixtures (other than trade fixtures), which additions or improvements installed by, or on behalf of Tenant is permitted to leave on or situated in or about the Premises. Subject By the date which is twenty (20) days prior 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 such termination of this Lease, or Tenant’s right to possession hereunderLandlord shall notify Tenant in writing of those fixtures (other than trade fixtures), Landlordalterations, at Tenant’s sole cost additions and expenses, other improvements which Landlord shall be entitled require Tenant not to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for from the value, preservation or safekeeping thereofPremises. Tenant shall pay Landlord, upon demand, repair any and all reasonable expenses damage caused by the installation or removal of such removal signs, trade fixtures, furniture, furnishings, fixtures, additions and all storage charges against such property so long as the same shall improvements which are to be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property removed from the Premises or storage, as the case may be, within ten by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (1020) days after written notice from Landlordprior to such termination of this Lease, Landlordthen Tenant shall remove all tenant signage, at its optionalterations, may deem all furniture, furnishings, trade fixtures, additions and other improvements installed in or any part about the Premises by, or on behalf of Tenant. Tenant shall ensure that & removal of such Tenant’s Property items and the repair of the Premises will be completed prior to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under such termination of this Lease as by a b▇▇▇ of saleLease.
Appears in 1 contract
Surrender of Premises. Removal of Property -------------------------------------------------------
(a) The voluntary or other surrender of this Lease by Tenant to Landlord, or a mutual termination hereof, shall not work a merger, and shall at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies affecting the Premises.
(b) Upon the termination, whether by lapse expiration of time or otherwisethe term of this Lease, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord in as good order and condition as the same are now and hereafter may be improved by Landlord or Tenant’s right , reasonable wear and tear and repairs which are Landlord's obligation excepted, and shall, without expense to possession hereunder, Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, moveable partitioning and other articles of personal property owned by Tenant or installed or placed by Tenant at its own expense in the Premises, 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 all damage to the Premises resulting from the installation and removal of such items to be removed.
(c) Whenever Landlord shall re-enter the Premises as provided in Article 12 hereof, or as otherwise provided in this Lease, any property of Tenant not removed by Tenant upon the expiration of the term of this Lease (or within forty-eight (48) hours after a termination by reason of Tenant’s sole cost and expenses's default), as provided in this Lease, shall be entitled to remove and/or store such Tenant’s Property considered abandoned, and Landlord shall be may remove any or all of such items and dispose of the same in no event be responsible any manner or store the same in a public warehouse or elsewhere for the valueaccount and at the expense and risk of Tenant, preservation or safekeeping thereof. and if Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of ninety (90) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord, 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. 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 written notice from Landlord, Landlord, at its optionsole discretion, may deem proper. without notice or to demand upon Tenant, for the payment of all or any part of such charges or the removal of any such property, and shall apply the proceeds of such sale as follows: first, to the cost and expense of such sale, including reasonable attorney's fees for services rendered; second, to the payment of the cost of or charges for storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and fourth, the balance, if arty, to Tenant’s Property .
(d) All fixtures, equipment, Alterations and/or appurtenances attached to have been abandoned or built into the Premises prior to or during the term of the Lease, whether by Landlord or Tenant and whether at the expense of Landlord or Tenant, or of both, shall be and remain part of the Premises and shall not be removed by Tenant and title thereof shall immediately pass to Landlord under at the end of the term unless otherwise expressly provided for in this Lease as or unless such removal is required by a b▇▇▇ Landlord pursuant to the provisions of saleArticle 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include, but not be limited to all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations.
Appears in 1 contract
Surrender of Premises. Upon Tenant shall surrender the termination, whether by lapse of time Premises to Landlord at the expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the Lease, Tenant will at once surrender possession Term (as it may be extended) in as good a state of and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repairrepair as the same was in on the Effective Date, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenancebroom-clean, repairs or replacements as required of Tenant under this Lease shall not be deemed “except for reasonable wear and tear.” . All alterations and improvements, including HVAC equipment, wall coverings, carpeting and other floor coverings, ceiling tiles, window treatments, lighting fixtures, built-in or attached shelving, built-in furniture, millwork, countertops, cabinetry, all doors (both exterior and interior), bathroom fixtures, sinks, kitchen area improvements, and wall mirrors, made by Landlord or Tenant or their contractors to the Premises, and any wiring or cables in the Building serving the Premises, shall surrender become Landlord’s property upon the expiration or sooner termination of the Term with no compensation to Landlord all keys to Tenant and shall remain in the Premises and make known Building upon the expiration or termination of this Lease. Notwithstanding the foregoing, Tenant shall have the right to remove either during the Term (or any extension thereof), or upon termination of the Lease any trade fixtures which are removable and which were installed by Tenant (including without limitation automated teller machines, computer equipment, safety deposit boxes), provided that Tenant shall repair any damage caused by such removal, at its expense, in a good and workmanlike manner with, within twenty (20) days of written request by Landlord delivered to Tenant either during or after the explanation Term. If Tenant fails to perform such removal in accordance with the foregoing terms, Landlord may perform such work and in such event Tenant shall reimburse Landlord for the costs thereof within thirty (30) days of all combination locksTenant’s receipt of a written demand from Landlord, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, and if Tenant fails to pay such costs when due the amount due shall bear interest at the amount set forth in Section 19F above. On the expiration or sooner termination of the Term, Tenant, at its expense, shall remove any from the Premises all moveable trade fixtures, machinery and equipment, including moveable communications equipment and moveable office equipment, that are installed in the Premises by Tenant without expense to Landlord, and all moveable trade fixtures, furniture, furnishings, and other articles of moveable personal property owned by Tenant and located in the Premises. Any items of Tenant’s Property within one (1) day property that shall remain in the Premises after the expiration or sooner termination of the Term, may, at the option of Landlord, be deemed to have been abandoned, and in that case, those items may be retained by Landlord as its property to be disposed of by Landlord, without accountability to Tenant or any other party, in the manner Landlord shall determine, at Tenant’s expense. The provisions of this Section 20 shall survive the expiration or termination of this Lease, or 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. 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 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 as by a b▇▇▇ of sale.
Appears in 1 contract
Surrender of Premises. Upon 33.1 On the termination, whether by lapse last day of time or otherwisethe term of this Lease, or upon any on the sooner termination of Tenant’s right to possession without termination of thereof, LESSEE shall peaceably surrender the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord LEASED PREMISES in good condition and repair, ordinary wear and tear excepted; conditions existing because , consistent with LESSEE's duty to make repairs as provided. On or before the last day of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 term of this Lease, or Tenant’s right to possession hereunderthe sooner termination thereof, LandlordLESSEE shall, at Tenant’s sole cost its expense, remove all of its trade fixtures, furniture, and expensesequipment from the LEASED PREMISES, and all property not removed shall be deemed abandoned. LESSEE shall promptly reimburse LESSOR for any expenses incurred by LESSOR with respect to removal or storage of abandoned property and with respect to restoring the LEASED PREMISES to good order, condition and repair. At the option of LESSOR, exercised by written notice to LESSEE not later than twenty-one (21) days prior to the last day of the term of this Lease or sooner termination thereof, any alterations, additions and fixtures, other than LESSEE's trade fixtures and equipment, which have been made or installed by LESSEE on the LEASED PREMISES in connection with this Lease, shall be entitled to remove and/or store removed by LESSEE at its expense. If such Tenant’s Property notice is not given by LESSOR, said alterations, additions and Landlord fixtures shall remain the LESSOR's property, and shall be in no event surrendered with the LEASED PREMISES as a part thereof.
33.2 If the LEASED PREMISES are not surrendered at the end of the lease term or sooner termination thereof, the continued occupancy by LESSEE shall be responsible a tenancy from month to month, subject to all the terms and provisions of this Lease excepting (i) rights of first refusal or renewal, if any, granted hereunder, and (ii) that the monthly rent for each month of occupancy following the expiration or sooner termination of this Lease shall be two hundred percent (200%) of the BASE MONTHLY RENT for the valuelast full month of the term of this Lease. Further, preservation LESSEE shall indemnify LESSOR against any loss or safekeeping thereof. Tenant shall pay Landlordliability resulting from delay by LESSEE in surrendering the LEASED PREMISES including, upon demandwithout limitation, claims made by succeeding tenants founded on such delay and 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. 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 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 as by a b▇▇▇ of saleattorney's fees resulting therefrom.
Appears in 1 contract
Surrender of Premises. Upon At the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right to possession without termination expiration of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs Term or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, Tenant shall surrender the Premises to Landlord (a) in good condition and repair (damage by acts of God, casualty, condemnation, Hazardous Materials not stored, used, released or disposed of by Tenant or any Tenant Representative in accordance with applicable Laws, and normal wear and tear excepted), but with all Interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with Section 27 hereof. Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant, or Tenant otherwise performing all of its obligations under this Lease, or any damage or deterioration due to or associated with unusually heavy floor loads or other unusual occupancy factors. On or before the expiration or earlier termination of this Lease, Tenant shall remove (i) all of Tenant’s right Property (defined below) and Tenant’s signage from the Premises and other portions of the Project, (ii) any Alterations Landlord may, by notice to possession hereunderTenant given not later than ninety (90) days prior to the Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required) as to Alterations made without Landlord’s consent, and if requested by Tenant in writing at the time Tenant requests Landlord’s consent to any Alterations requiring Landlord’s consent, by notice given to Tenant at the time Landlord consents to such Alterations, require Tenant, at Tenant’s sole cost expense, to remove, and expensesTenant shall repair any damage caused by all of such removal activities. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be entitled obligated to remove and/or store the initial Tenant Improvements constructed pursuant to Exhibit B to this Lease Agreement, unless required in writing by Landlord at the time Landlord approves such Tenant Improvements. “Tenant’s Property” means all equipment, trade fixtures, furnishings, all telephone, data, and other cabling and wiring (including any cabling and wiring associated with the Wi-Fi Network, if any) installed or caused to be installed by Tenant (including any cabling and wiring, installed above the ceiling of the Premises or below the floor of the Premises), inventories, goods and personal property of Tenant. Any of Tenant’s Property and Landlord not so removed by Tenant as required herein shall be deemed abandoned and may, after five (5) days’ notice from Landlord, be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property; provided, however, Tenant shall remain liable to Landlord for all costs incurred in no storing and disposing of such abandoned property of Tenant. Notwithstanding anything to the contrary contained herein, Tenant shall, prior to the expiration of this Lease, at Tenant’s expense and in compliance with the National Electric Code and other applicable Laws, remove all electronic, fiber, phone and data cabling and related equipment that has been installed by or for the benefit of Tenant in or around the Premises (collectively, the “Cabling”); provided, however, Tenant shall not remove such Cabling if Tenant receives a written notice from Landlord at least forty- five (45) days prior to the expiration of the Lease authorizing such Cabling to remain in place, in which event the Cabling shall be surrendered with the Premises upon the expiration or earlier termination of this Lease. In the event that Landlord does not so authorize the Cabling to remain in place and Tenant fails to remove the Cabling on or before the expiration or earlier termination of this Lease, Landlord may remove the Cabling, in which case Tenant shall pay Landlord for the actual cost incurred by Landlord therefor, (together with a three percent (3%) supervision/administration fee) within thirty (30) days after being billed for the same. All Alterations except those which Landlord requires Tenant to remove; shall remain in the Premises as the property of Landlord. If the Premises are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with this Section 10 and Section 27 below, Tenant shall continue to be responsible for the value, preservation or safekeeping thereofpayment of Rent (as the same may be increased pursuant to Section 20 below) until the Premises are so surrendered in accordance with said provisions. Tenant shall pay Landlordindemnify, upon demand, defend and hold the Indemnitees (hereafter defined) harmless from and against any and all reasonable expenses caused Claims (defined below) (x) arising from any delay by such removal and all storage charges against such property Tenant in 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 surrendering the Premises including, without limitation, any Claims made against Landlord by any succeeding tenant or storage, as prospective tenant founded on or resulting from such delay and (y) suffered by Landlord due to lost opportunities to lease any portion of the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all Premises to any such succeeding tenant 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 as by a b▇▇▇ of saleprospective tenant.
Appears in 1 contract
Sources: Lease Agreement (Proofpoint Inc)
Surrender of Premises. Upon On or before the terminationTermination Date, whether by lapse Tenant shall surrender possession of time the Premises to Landlord, together with any and all card keys or otherwise, or upon any termination other access devices. Prior to such surrender Tenant shall remove from the Premises all of Tenant's furniture, equipment and personal property and any collateral in which a lender to Tenant holds a security interest. In connection with Tenant’s right surrender of the Premises, Tenant shall not be obligated to possession remove any fixtures, alterations or cabling nor make any repairs or reimburse Landlord for any repairs to the Premises, but will remove any hazardous waste or related materials that Tenant has brought onto the Premises (“Tenant’s Hazardous Waste”). Tenant shall surrender the Premises in “AS IS” condition (except as expressly provided in this Agreement) without termination any obligation to comply with Section 13.2 of the Lease. Tenant shall obtain and file a termination of any Uniform Commercial Code filing covering any collateral located at the Premises in which any lender to Tenant holds a security interest, and shall provide Landlord with a copy of the filed termination statement. Tenant will at once surrender possession shall have no further right, title, interest or benefit in, to or under the Premises and/or the Lease following the Termination Date, and vacate Landlord may dispose of all furniture, equipment, cabling or personal property that Tenant leaves on the PremisesPremises after the Termination Date. Tenant shall defend, together with all Leasehold Improvements indemnify and hold Landlord harmless from and against any expenses, costs (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofincluding reasonable attorneys’ fees), to Landlord in good condition and repairlosses, ordinary wear and tear excepted; conditions existing because of claims, or damages arising from Tenant’s failure to perform maintenanceremove Tenant’s Hazardous Waste or equipment from the Premises by the Termination Date; provided, repairs however, the foregoing indemnification and defense obligations shall not pertain to any expenses, costs, attorneys’ fees, losses, claims, or replacements damages arising from Tenant’s failure to surrender the Premises on or before the Termination Date because they are addressed elsewhere in this Agreement. If Tenant fails to surrender possession of the Premises to Landlord by the Termination Date as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Agreement, then Tenant shall surrender pay Landlord Liquidated Damages (defined below) as Landlord’s exclusive damage remedy and Landlord may specifically enforce the terms of this Agreement, including bringing an unlawful detainer action to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locks, which evict Tenant is permitted to leave on from the Premises. Subject Tenant will stipulate to an Eviction Judgment (“Judgment”) and Writ of Restitution (“Writ”) in the Landlord’s rights under Section 23 hereofform attached hereto as Exhibits 1 and 2, if and agrees Landlord may enter the Judgment and enforce the Writ without obligation to demonstrate damage or post a bond if, and only if, Tenant fails to remove any of Tenant’s Property within one (1) day after surrender the termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, Premises by the Termination Date. Landlord shall be entitled to remove and/or store an award of attorney fees, costs and expenses in such Tenant’s Property action. Landlord shall not have the right to enter the Judgment or enforce the Writ unless Tenant fails to surrender possession of the Premises by the Termination Date, and Landlord shall be in no event be responsible for the valuedefend, preservation indemnify and hold Tenant harmless from and against any expenses, costs (including reasonable attorneys’ fees), losses, claims, 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. 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 written notice damages arising 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 as by a b▇▇▇ of sale.’s
Appears in 1 contract
Sources: Lease Termination and Surrender Agreement (SCOLR Pharma, Inc.)
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without earlier termination of the Term of this Lease, Tenant will at once shall peaceably quit and surrender possession to Landlord the Premises in neat and vacate the Premisesclean condition and in good order, condition and repair, together with all Leasehold Improvements alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereofas hereinafter provided), to Landlord in good condition and repair, excepting only ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenanceuse and damage by fire or other casualty for which, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 other provisions of this Lease, Tenant has no responsibility to repair or restore. Upon such expiration or earlier termination of the Term, Tenant shall remove from the Premises all of Tenant’s right 's Removable Property and, to possession hereunderthe extent specified by Landlord, Landlordall Alterations made by Tenant and all partitions wholly within the Premises unless installed initially by Landlord in preparing the Premises for Tenant's occupancy; and shall repair any damages to the Premises or the Building caused by such removal. Any Tenant's Removable Property which shall remain in the Building or on the Premises after the expiration or earlier termination of the Term of this Lease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit, at Tenant’s 's sole cost and expenses, shall be entitled expense. Notwithstanding any provision herein 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 Landlordcontrary, upon demandthe expiration or earlier termination of this Lease with respect to the Premises, or any and all reasonable expenses caused by such removal and all storage charges against such property so long as portion thereof which includes the same shall be in possession of Landlord or under the control of Landlord. In additionTest Pits, if Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordshall, at its optionsole cost and expense, promptly remove such Test Pits and restore such area to its condition on the date hereof, and Tenant's failure to do so shall be a Default hereunder and in such event Landlord, in addition to its other remedies hereunder, at law or in equity may deem all or any part apply as much of the Security Deposit as is required to effect such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ of salerestoration.
Appears in 1 contract
Sources: Lease Agreement (Beacon Power Corp)
Surrender of Premises. Upon the terminationtermination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon any the termination of Tenant’s 's right to possession without termination of the LeasePremises, Tenant will at once surrender possession and vacate deliver up the Premises, together with all Leasehold Improvements the fixtures (except those Leasehold Improvements other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant is required not to remove pursuant to Section 8 hereof)remove, to Landlord in good condition and repairrepair (including, ordinary wear but not limited to, replacing all light bulbs and tear excepted; conditions existing because ballasts not in good working condition) and in the condition in which the Premises existed as of Tenant’s failure to perform maintenancethe Commencement Date, repairs or replacements as required of Tenant under this Lease shall not be deemed “except for reasonable wear and tear.” Tenant . Reasonable wear and tear shall surrender to Landlord all keys not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and make known to Landlord the explanation any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of all combination locks, which Tenant is permitted to leave on the Premisesits obligations under this Lease. 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 Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or Tenant’s right all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is twenty (20) days prior to possession hereundersuch termination of this Lease, LandlordLandlord shall notify Tenant in writing of those fixtures (other than trade fixtures), at Tenant’s sole cost alterations, additions and expenses, other improvements which Landlord shall be entitled require Tenant not to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for from the value, preservation or safekeeping thereofPremises. Tenant shall pay Landlord, upon demand, repair any and all reasonable expenses damage caused by the installation or removal of such removal signs, trade fixtures, furniture, furnishings, fixtures, additions and all storage charges against such property so long as the same shall improvements which are to be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property removed from the Premises or storage, as the case may be, within ten by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (1020) days after written notice from Landlordprior to such termination of this Lease, Landlordthen Tenant shall remove all tenant signage, at its optionalterations, may deem all furniture, furnishings, trade fixtures, additions and other improvements installed in or any part about the Premises by, or on behalf of Tenant. Tenant shall ensure that the removal of such Tenant’s Property items and the repair of the Premises will be completed prior to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under such termination of this Lease as by a b▇▇▇ of saleLease.
Appears in 1 contract
Surrender of Premises. 26.1 Tenant shall arrange to meet Landlord for two (2) joint inspections of the Premises, the first to occur at least thirty (30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after ▇▇▇▇▇▇ has vacated the Premises. In the event of ▇▇▇▇▇▇’s failure to arrange such joint inspections and/or participate in either such inspection, ▇▇▇▇▇▇▇▇’s inspection at or after ▇▇▇▇▇▇’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration.
26.2 Alterations, additions, and improvements in, on, or to the Premises made or installed by or for Tenant, including the initial Tenant Work, including, without limitation, carpeting, shall be and remain the property of Tenant during the Term. Upon the termination, whether by lapse of time expiration or otherwise, or upon any termination of Tenant’s right to possession without sooner termination of the LeaseTerm, Tenant will at once surrender possession all Alterations (excluding Tenant’s equipment, trade fixtures and vacate other personal property) shall become a part of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), realty and shall belong to Landlord in good condition and repairwithout compensation, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 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. 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 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 as by a b▇▇▇ bill of sale. 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 Alterations 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. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at the time Landlord consents to any Alteration, Tenant shall, at Tenant’s sole cost, remove any Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal; provided, however, in no event may Landlord require that Tenant remove any Alterations unless Landlord reasonably determines such Alterations are not standard office improvements (as opposed to “specialty” Alterations in the nature of internal stairways or raised floors) or will require material additional expense to demolish and/or remove at the end of the Term. Tenant must, at Tenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personalty”). Personalty not so removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a bill 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.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease.
Appears in 1 contract
Surrender of Premises. Upon the terminationtermination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon any the termination of Tenant’s 's right to possession without termination of the LeasePremises, Tenant will at once surrender possession and vacate deliver up the Premises, together with all Leasehold the Tenant Improvements (except those Leasehold Improvements Tenant is required exclusive of portable elements of a raised floor HVAC system, cubicles and other furniture, portable lighting, exercise equipment and other assets related to remove pursuant the foregoing) (subject to Section 8 hereof), to Landlord the last paragraph of this SECTION 10.2) in good condition and repaircondition, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “except for reasonable wear and tear.” Tenant . Reasonable wear and tear shall surrender to Landlord all keys not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and make known to Landlord the explanation any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of all combination locks, which Tenant is permitted to leave on the Premisesits obligations under this Lease. 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 Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements which are not permanently affixed (subject to the last paragraph of this SECTION 10.2). By the date which is twenty (20) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require Tenant not to remove from the Premises. Tenant shall repair any damage caused by the installation or removal of such signs, trade fixtures, furniture, furnishings, fixtures, additions and improvements which are to be removed from the Premises by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (20) days prior to such termination of this Lease, then Tenant shall remove all tenant signage, alterations, furniture, furnishings, trade fixtures, additions and other improvements (other than the Tenant Improvements) installed in or about the Premises by, or on behalf of Tenant which are not permanently affixed (subject to the last paragraph of this SECTION 10.2). Tenant shall ensure that the removal of such items and the repair of the Premises will be completed prior to such termination of this Lease. Tenant and Landlord acknowledge that as of the Lease Date, approximately 2 parking spaces per 1000 square feet of leasable area are located on the Premises. Landlord shall not unreasonably withhold its consent to Tenant’s right to possession hereunder, Landlord, 's construction of a parking ramp or other parking structure on the property at Tenant’s 's sole cost and expenses, shall be entitled to remove and/or store such Tenant’s Property and Landlord shall be expense in no event be responsible compliance with (i) the requirements 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 construction of Landlord or under the control of Landlord. 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 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 tenant improvements under this Lease and (ii) all applicable laws. Landlord and Tenant acknowledge and agree that as of termination or expiration of this Lease, and/or prior to any vacation of the Premises by Tenant, upon Landlord's request in Landlord's sole and absolute discretion (which request shall be made at least six (6) months prior to expiration of the Lease Term, except in case of default by Tenant or other early termination), Tenant shall remove all of the Tenant Improvements and otherwise take such action as may be required to make the Premises suitable for a b▇▇▇ Class "A" warehouse use if Tenant has not caused additional parking to be provided on the Premises such that at least 3.5 parking spaces are available per 1000 square feet of saleleasable area, but Landlord acknowledges that Tenant shall not be required to make the Premises suitable for a warehouse use if Tenant has caused additional parking to be provided on the Premises such that at least 3.5 parking spaces are available per 1000 square feet of leasable area.
Appears in 1 contract
Sources: Lease Agreement (New Ico Global Communications Holdings LTD)
Surrender of Premises. Upon (a) At the termination, whether termination of this Lease by lapse of time or otherwise, or upon any termination of Tenant’s 's right to of possession without termination of the terminating this Lease, Tenant will at once shall surrender possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord deliver all keys to the Premises to Landlord and make known to Landlord the explanation combination of all combination locks, which Tenant is permitted to leave on locks of vaults then remaining in the Premises. Subject , and shall, subject to the Landlord’s rights under Section 23 hereoffollowing subparagraphs, if return the Premises and all equipment and fixtures of Landlord therein to Landlord in as good condition as when Tenant fails to remove originally took possession, ordinary wear, loss or damage by fire or other insured casualty, and damage resulting from the act of Landlord or any of its respective employees and agents excepted, failing which Landlord may restore the Premises and such equipment and fixtures to such condition and Tenant shall pay the cost thereof to Landlord on demand.
(b) All installations, additions, partitions, hardware, light fixtures, supplementary heating or air conditioning units, non-trade fixtures and improvements, except movable furniture, equipment, and other personal property and trade fixtures belonging to Tenant’s Property within one (1) day after , in or upon the Premises, whether placed there by Tenant or Landlord, shall be Landlord's property and shall remain upon the Premises upon expiration of the Term or sooner termination of this Lease, Lease or Tenant’s right to 's possession hereunder, Landlordall without compensation, at allowance or credit to Tenant’s sole cost and expenses; provided, shall be entitled however, that if prior to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for the value, preservation expiration 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 termination or under the control of Landlord. 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 thereafter Landlord so directs by written notice, Tenant, at Tenant's sole cost and expense, shall promptly remove such of the installations, additions, partitions, hardware, light fixtures, supplementary heating or air conditioning units, non-trade fixtures and improvements placed in the Premises by Tenant as are designated in such notice and repair any damage to the Premises caused by such removal, failing which Landlord may remove the same and repair the Premises and Tenant shall pay the cost thereof to Landlord on written demand. All movable furniture, equipment, trade fixtures and personal property shall remain the property of Tenant and, provided no continuing event of default exists hereunder with respect to Tenant's obligations, may be removed from the Premises at any time without Landlord's consent. Notwithstanding the foregoing, Tenant shall not remove, or be required to remove, any improvements shown in the Plans, except for those items specified in Exhibit F attached hereto and made a part hereof, which Tenant shall be entitled to remove upon the expiration or sooner termination of the Term so long as Tenant complies with the other terms and provisions of this Section 9(b), and except as provided in Section 35(j) below. In addition, in the event that Tenant makes additional improvements to the Premises beyond those contemplated by the Plans, Landlord shall not unreasonably withhold its consent to Tenant's request that Tenant not be required to remove such improvements upon expiration or sooner termination of the Term provided that such additional improvements are comparable in utility and quality to those specified in the Plans.
(c) Tenant shall leave in place any floor covering. Tenant shall remove Tenant's furniture, machinery, safes, trade fixtures and other items of personal property of every kind and description from the Premises and repair any damage to the Premises caused thereby, such removal and restoration to be performed prior to the expiration of the Term or no later than ten (10) days following the earlier termination of this Lease or Tenant's right of pos session, whichever might be earlier (and upon prior written notice from to Landlord, Landlordin the event such removal occurs after termination of this Lease or Tenant's right to possession), at its option, failing which Landlord may deem all or any part do so and thereupon the provisions of such Tenant’s Property to have been abandoned by Section 18(f) shall apply.
(d) All obligations of Tenant and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ Section 9 shall survive the expiration of salethe Term or sooner termination of this Lease.
Appears in 1 contract
Sources: Office Lease (Excal Enterprises Inc)
Surrender of Premises. Upon (a) On the termination, whether by lapse of time Expiration Date or otherwise, or upon any other termination of Tenant’s right to possession without termination of the this Lease, Tenant will at once peaceably quit and surrender possession and vacate to City the Premises, together with the Tenant Improvements and all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)Alterations approved by City, to Landlord in good condition order and repaircondition, ordinary except for normal wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as (after Tenant has made the last necessary repair required of Tenant under this Lease shall not be deemed “reasonable wear Lease), and tear.” Tenant shall surrender to Landlord all keys to further except for any portion of the Premises condemned and make known to Landlord the explanation of all combination locks, any damage and destruction for which Tenant is permitted to leave on not responsible under this Lease. The Premises will be surrendered free and clear of all liens and encumbrances other than those existing as of the Premisesdate of this Lease and any other encumbrances created by City. Subject to Immediately before the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after the Expiration Date or other termination of this Lease, or Tenant will remove all of Tenant’s right Personal Property as provided in this Lease, and repair any damage resulting from the removal; provided, in City’s sole discretion, City may reserve ownership of any telecommunications equipment, wire, cabling, and/or conduit installed in the Premises or any other portion of the Building by or on behalf of Tenant. If the removal is not completed at the expiration or other termination of this Lease, City may perform the removal at Tenant’s expense. Notwithstanding anything to possession hereunderthe contrary in this Lease, at any time before the Expiration Date or within five (5) days after termination of this Lease (which period will be considered holding over with Landlord’s consent under Section 28.12 (Holding Over) below), City may elect to require Tenant to remove, at Tenant’s sole cost and expensesexpense, shall be entitled to remove and/or store such all or part of the Tenant Improvements, Alterations, or other improvements or equipment constructed or installed by or at Tenant’s Property and Landlord shall be expense, including any telecommunications equipment, wires, cabling, and/or conduit installed in no event be responsible for the value, preservation Premises or safekeeping thereofany other portion of the Building by or on behalf of Tenant. Tenant shall pay Landlordwill promptly remove those items and repair, upon demandat no cost to City, any and all reasonable expenses caused by such removal and all storage charges against such property so long as damage to the same shall be in possession of Landlord Premises or under the control of Landlord. In additionBuilding resulting from the removal, or if Tenant fails to remove any repair, City may do so at Tenant’s expense. At City’s option, any items of Tenant’s Personal Property from remaining in the Premises after the Expiration Date or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or any part sooner termination of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as may be deemed abandoned and disposed of in accordance with Section 1980 et seq. of the California Civil Code or in any other manner allowed by a Legal Requirements.
(b) Concurrently with the surrender of the Premises, if requested by City, ▇▇▇▇▇▇ will execute, acknowledge, and deliver to City a quitclaim deed to the Premises and any other instrument reasonably requested by City to evidence the termination of saleTenant’s leasehold estate and to effect the transfer or vesting of title to the Tenant Improvements or other improvements or equipment that remain part of the Premises.
(c) Tenant’s obligations under this Section will survive the expiration or sooner termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement
Surrender of Premises. Upon the termination, whether by lapse of time expiration or otherwise, or upon any earlier termination of Tenantthis Sublease or the termination of Subtenant’s right of possession to possession without termination of the LeasePremises, Tenant will at once Subtenant shall surrender possession and vacate the Premises and deliver possession thereof to Sublandlord in accordance with all of Sublandlord’s duties as “Lessee” under the Master Lease relating to surrender of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)excluding, to Landlord in good condition and repairhowever, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 any obligation to remove any alteration or improvement performed prior to the Commencement Date and excluding any obligation to remove any Hazardous Substances not released in the Premises by Subtenant or its employees, agents or invitees. At the request of TenantSublandlord, Subtenant shall promptly remove any alterations, installations, additions, and improvements made by or for Subtenant, excluding the Tenant Improvements (which Sublandlord shall be responsible to remove, if required by Master Landlord), but including any lines, and Subtenant shall repair any damage occasioned by the removal thereof, but only if Master Landlord or Sublandlord required such removal as a condition to granting their consent to the performance of such installations, additions and improvements. If Subtenant shall fail to promptly remove any such alterations, installations, additions, and improvements, then such items may be removed by Sublandlord, and Subtenant shall promptly reimburse Sublandlord for any reasonable 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 Property within one (1) day after goods, effects, movable personal property, business and trade fixtures, furniture, machinery and trade equipment, and shall repair all damage resulting from such removal. Any of such items not so removed by Subtenant at the expiration or termination of this Lease, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses, Sublease 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. 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 written notice from Landlord, Landlord, at its option, may deem all or any part of such Tenant’s Property conclusively deemed to have been abandoned by Tenant Subtenant, Subtenant shall not receive any cost or credit therefor, and title Sublandlord may dispose of the same without any liability to Subtenant; provided, however, that Subtenant shall promptly reimburse Sublandlord for any reasonable 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. The obligations of Subtenant set forth in this Paragraph shall immediately pass to Landlord under survive the expiration or sooner termination of this Lease as by a b▇▇▇ of saleSublease.
Appears in 1 contract
Sources: Sublease Agreement (Fisker Inc./De)
Surrender of Premises. Upon the terminationexpiration of the Term (as may be extended), whether Tenant shall quietly and peacefully surrender the Premises to Landlord in the condition called for by lapse of time or otherwisethis Lease, shall deliver to Landlord any keys to the Premises, or upon any termination 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 the Premises. On or before the expiration of the Term, Tenant’s right , at its cost and expense, shall remove all of its personal property from the Premises and repair all damage to possession 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, in the case of Lines exclusively serving the Premises, anywhere in the 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 the case of the expiration of the Term, Tenant shall remove such Lines and repair such damage on or before the termination of the LeaseTerm, Tenant will unless Landlord notifies Tenant, at once surrender possession and vacate least thirty (30) days prior to the termination of the Term, that such Lines shall be surrendered with the Premises, together with all Leasehold Improvements ; and (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord ii) in good condition and repair, ordinary wear and tear excepted; conditions existing because the case of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, or 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 remove such Lines and all reasonable expenses caused by repair such damage promptly after receipt of a notice from Landlord requiring such removal and all storage charges against such repair. Any Lines not required to be removed pursuant to this Section shall become the property so long as the same of Landlord (without payment by Landlord), and shall be surrendered in possession of Landlord or under the control of good condition and working order, lien free, and properly labeled with an identification system reasonably approved by Landlord. In addition, if All personal property of Tenant fails to remove any Tenant’s Property from the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlordnot removed hereunder shall be deemed, at its Landlord’s option, may deem all or any part of such Tenant’s Property to have been be abandoned by Tenant and title thereof shall immediately pass Landlord may, without any liability to Landlord under this Lease as 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 same in any manner permitted by a b▇▇▇ of salelaw.
Appears in 1 contract
Sources: Office Lease (Stitch Fix, Inc.)
Surrender of Premises. Upon the termination, whether by lapse 26.1 Tenant shall arrange to meet Landlord for two (2) joint inspections of time or otherwise, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements the first to occur at least thirty (except those Leasehold Improvements 30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because has vacated the Premises. In the event of Tenant’s failure to perform maintenancearrange such joint inspections and/or participate in either such inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. Revised 12/05
26.2 All alterations, additions, and improvements in, on, or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord all keys to the Premises and make known to Landlord the explanation of all combination locksmade or installed by or for Tenant, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereofincluding, if Tenant fails to remove any of Tenant’s Property within one without limitation, carpeting (1) day after the termination of this Leasecollectively, or Tenant’s right to possession hereunder, Landlord, at Tenant’s sole cost and expenses“Alterations”), shall be entitled to remove and/or store such Tenant’s Property and Landlord remain the property of Tenant during the Term. Upon the expiration or sooner termination of the Term, all Alterations 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. 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 written notice from Landlord, Landlord, at its option, may deem all or any become a part of such Tenant’s Property the realty and shall belong to have been abandoned by Tenant Landlord without compensation, and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇▇ of sale. 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 Alterations 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. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant’s sole cost, remove any Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal. (At the time that Tenant requests approval of any proposed Alterations, or proposes to make any Alterations which do not require Landlord’s consent, Tenant may also inquire as to whether Tenant will be required to remove same upon expiration of the Term, and Landlord shall notify Tenant whether or not and to what extent Landlord will require that such Alterations be removed pursuant to this paragraph.) Tenant must, at Tenant’s sole cost, remove upon termination of this Lease, any and all of Tenant’s furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, “Personality”). Personalty not so removed shall be deemed abandoned by the 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 Personalty, as well as any damage caused by such removal.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant’s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease.
Appears in 1 contract
Surrender of Premises. Upon 33.1 On the termination, whether by lapse last day of time or otherwisethe term of this Lease, or upon any on the sooner termination of Tenant’s right to possession without termination of thereof, LESSEE shall peaceably surrender the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord LEASED PREMISES in good condition and repair, ordinary wear and tear excepted; conditions existing because , consistent with LESSEE's duty to make repairs as provided. On or before the last day of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 term of this Lease, or Tenant’s right to possession hereunderthe sooner termination thereof, LandlordLESSEE shall, at Tenant’s sole cost its expense, remove all of its trade fixtures, furniture, and expensesequipment from the LEASED PREMISES, and all property not removed shall be deemed abandoned. LESSEE shall promptly reimburse LESSOR for any expenses incurred by LESSOR with respect to removal or storage of abandoned property and with respect to restoring the LEASED PREMISES to good order, condition and repair. At the option of LESSOR, exercised by written notice to LESSEE not later than twenty-one (21) days prior to the last day of the term of this Lease or sooner termination thereof, any alterations, additions and fixtures, other than LESSEE's trade fixtures and equipment, which have been made or installed by LESSEE on the LEASED PREMISES in connection with this Lease, shall be entitled to remove and/or store removed by LESSEE at its expense. If such Tenant’s Property notice is not given by LESSOR, said alterations, additions and Landlord fixtures shall remain the LESSOR's property, and shall be in no event surrendered with the LEASED PREMISES as a part thereof.
33.2 If the LEASED PREMISES are not surrendered at the end of the lease term or sooner termination thereof, the continued occupancy by LESSEE shall be responsible a tenancy from month to month, subject to all the terms and provisions of this Lease excepting (I) rights of first refusal or renewal, if any, granted hereunder, and (ii) that the monthly rent for each month of occupancy following the expiration or sooner termination of this Lease shall be two hundred percent (200%) of the BASE MONTHLY RENT for the valuelast full month of the term of this Lease. Further, preservation LESSEE shall indemnify LESSOR against any loss or safekeeping thereof. Tenant shall pay Landlordliability resulting from delay by LESSEE in surrendering the LEASED PREMISES including, upon demandwithout limitation, claims made by succeeding tenants founded on such delay and 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. 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 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 as by a b▇▇▇ of saleattorney's fees resulting therefrom.
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse of time expira- tion or otherwise, or upon any termination of Tenant’s right to possession without earlier termination of the LeaseTerm, Tenant will at once shall deliver up and surrender to Landlord possession and vacate of the Premises, together with including all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)alterations, to Landlord additions, improvements and fixtures, other than Tenant's trade fixtures, in good order, condition and state of repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease and shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord deliver all keys to the Premises to the office of Landlord at the Shopping Center or as otherwise directed by Landlord. Tenant shall have fifteen (15) days after the date the Term of this Lease expires or earlier terminates to remove its personal property, trade fixtures; provided, however, that
(a) Tenant shall repair all damage to the Premises resulting from or arising out of such removal, (b) during such period Tenant shall perform and make known to Landlord be liable for all obliga-tions and condi-tions imposed on Tenant hereunder except for the explanation payment of all combination locksRent, which Tenant is permitted to leave on including, without limitation, maintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. Subject to The obligations set forth in the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any of Tenant’s Property within one (1) day after preceding sentence shall survive the termination of this Lease, or 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. Any property of 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. In addition, if Tenant fails to remove any Tenant’s Property not removed from the Premises within 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 storagedispose of any or all such property without liability to Tenant. In the event that Landlord elects to dispose of such property, as the case may beLandlord shall so notify Tenant, within and Tenant shall, no later than ten (10) days after written notice such notice, remove all such property from the Premises; provided, however, that if Tenant fails to so remove such property, then Landlord may do so, and Tenant shall pay to Landlord, Landlordon demand, at its option, may deem all or any part costs and expenses incurred by Landlord in disposing of such Tenant’s Property to have been abandoned by Tenant property, including, without limitation, reasonable attorneys' fees and title thereof shall immediately pass to disbursements, together with interest thereon, calcu- lated at the Interest Rate, from the date Landlord under this Lease as by a b▇▇▇ of sale.ex-pended such amounts. 7
Appears in 1 contract
Surrender of Premises. Upon the termination, whether by lapse termination or earlier expiration of time or otherwisethis Lease, or upon any termination the exercise by Landlord of Tenant’s Landlord's right to possession re-enter the Premises without termination of the terminating this Lease, Tenant will at once surrender possession and vacate deliver the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord in good a condition and repaircomparable to the condition existing on the Commencement Date, ordinary wear wear, tear and tear obsolescence only excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of . Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender will deliver to Landlord all keys for the Premises and combinations to safes located in the Premises. Tenant will, at Landlord's option, remove, or cause to be removed, from the Premises or the Building, at Tenant's expense and as of Expiration Date or earlier termination of this Lease, all of Tenant's signs, notices, displays, movable trade or business fixtures, and, unless otherwise requested or required by Landlord, cabling, wiring, conduit, telecommunications equipment and, subject to Section 8.3 of this Lease, any non-Building standard tenant improvements placed in the Premises or the Building of which Landlord notified Tenant at the time of Landlord’s approval thereof that such improvements would be required to be removed (provided, that in no event shall Tenant remove any light fixtures, dishwashers, refrigerators or similar equipment, or any equipment, improvements or items otherwise required to remain in the Premises pursuant to this Lease [including, without limitation, Section 8.3.4 hereof], unless Landlord requests in writing Tenant's removal of same). Tenant agrees to repair, at Tenant's expense, any damage to the Premises and make known to or the Building resulting from the removal of any articles of personal property, movable business or trade fixtures, machinery, equipment, furniture, movable partitions or non-Building standard tenant improvements (provided Landlord notified Tenant at the explanation time of all combination locks, which Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights approval of such improvements that such restoration work would be required), including without limitation, repairing the floor and patching and painting the walls where reasonably required by Landlord. Tenant's obligations under this Section 23 hereof, if 8.2 will survive the expiration or earlier termination of this Lease. If Tenant fails to remove any item of Tenant’s Property within one (1) day after property permitted or required to be removed at the expiration or earlier termination of this Lease, or Tenant’s right to possession hereunderthe Term, Landlord, may, at Tenant’s sole cost and expensesLandlord's option, shall be entitled to (a) 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. In addition, if Tenant fails to remove any Tenant’s Property from the Premises at the expense of Tenant and sell or storagedispose of same in such manner as Landlord deems advisable, as or (b) place such property in storage at the case may be, within expense of Tenant. Any property of Tenant remaining in the Premises ten (10) days after written notice from Landlord, Landlord, at its option, may deem all the Expiration Date or any part earlier termination of such Tenant’s Property this Lease will be deemed to have been abandoned by Tenant Tenant, and title thereof shall immediately pass in such case such items may be retained by Landlord as Landlord's property or disposed of by Landlord without accountability to Tenant, in such manner as Landlord under this Lease as by a b▇▇▇ of saledetermines, at Tenant's expense.
Appears in 1 contract
Sources: Office Lease Agreement (Jamba, Inc.)
Surrender of Premises. Upon the termination, whether by lapse of time or otherwise, or upon any termination of Tenant’s right The Tenant covenants to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof)at the expiration of the tenancy created in this Lease, to Landlord in good the same condition and repair, ordinary wear and tear excepted; conditions existing because as the Premises were in upon delivery of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant possession under this Lease shall not be deemed “Lease, reasonable wear and tear.” Tenant shall , damage by fire or the elements, and unavoidable casualty excepted, and agrees to surrender to Landlord all keys for the Premises to the Landlord at the place then fixed for payment of rent and will inform the Landlord of all combinations to locks, safes and vaults, if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor, walls or ceiling, including any leasehold improvements, equipment, floor covering or fixtures (including trade fixtures), will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the proper expiration of the term due to a default on the part of the Tenant then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of the same and will make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, improvements and make known to fixtures in accordance with such notice, the Landlord may enter into the explanation Premises and remove from the Premises all or part of all combination lockssuch trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense will immediately be paid by the Tenant is permitted to leave on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails . The Tenant's obligation to remove any of Tenant’s Property within one (1) day after observe or perform the covenants contained in this Lease will survive the expiration or other termination of this Leasethe Term. Hazardous Materials The Tenant will not keep or have on the Premises any article or thing of a dangerous, flammable, or 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 explosive character that might unreasonably increase 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 danger of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property from fire on the Premises or storage, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at its option, may deem all or that might be considered hazardous by any part of such Tenant’s Property to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ of saleresponsible insurance company.
Appears in 1 contract
Sources: Commercial Lease Agreement
Surrender of Premises. Upon Tenant will surrender the termination, whether by lapse of time Premises to Landlord at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord this Lease in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” , permitted Alterations (except for Structural Alterations or Non-Customary Office Improvements which Landlord identified when initially approved as such and has required that Tenant shall via written notice at time of expiration remove) and damage by casualty or condemnation excepted, and will surrender to Landlord all keys to the Premises and make known to Property Manager or to Landlord at the explanation place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combination combinations on locks, which safes and vaults, if any, in the Premises or on the Property. Tenant is permitted to leave will at such time remove all of its equipment, furnishings, personal property and machinery from the Premises and, if Landlord so requires, all specified Alterations and improvements, including Non-Customary Office Improvements identified when initially approved as such in accordance with Section 8.1, Tenant placed on the Premises. Subject to the Landlord’s rights under Section 23 hereof, if Tenant fails will not be required to remove any cabling or low voltage wiring in the Premises. In addition, at Landlord’s option, exercised by delivery of Tenant’s Property within one written notice no later than three (13) day after months prior to the expiration of the Term, Tenant will remove any Alterations Tenant constructs in violation of Article 8 of this Lease prior to the expiration or earlier termination of this Lease, Lease if said Alterations are subject to removal under this Lease as Non-Customary Office Improvements. Tenant will promptly repair any damage to the Premises caused by such removal. All property of Tenant not removed on or before the last day of the Term shall be deemed abandoned. Tenant appoints Landlord as Tenant’s right agent to possession hereunder, Landlordremove, at Tenant’s sole cost and expensesreasonable expense, shall be entitled to remove and/or store all of 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 abandoned 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, as the case may be, within ten (10) days after written notice from Landlord, Landlord, at and to cause its option, may deem all or any part of such transportation and storage for Tenant’s Property to have been abandoned by Tenant benefit, all at the sole cost and title risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ of saleor in any manner in respect thereto.
Appears in 1 contract
Sources: Multi Tenant Office Lease Agreement (Paylocity Holding Corp)
Surrender of Premises. Upon 26.1 Within seven (7) days after the terminationlast day of the Term, whether by lapse Landlord shall arrange a joint inspection of time or otherwisethe Premises. If any damage is found beyond ordinary wear and tear, or upon any termination such damage shall be repaired at Tenant’s sole cost and expense. In the event of Tenant’s right failure to possession without participate in such joint inspection despite Landlord’s request, Landlord’s inspection at or after Tenant’s vacating the Premises shall be 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 the this Lease, Tenant will at once surrender peaceably deliver up to Landlord possession and vacate of the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required improvements or additions upon or belonging to remove pursuant to Section 8 hereof)the same, to Landlord by whomsoever made, in good condition the same conditions received or first installed, broom clean and repairfree of all debris, excepting only ordinary wear and tear excepted; conditions existing because of and damage by fire or other casualty. Tenant may, and at Landlord’s request shall, at Tenant’s failure to perform maintenancesole cost, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 upon termination of this Lease, or 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 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 termination, repairing all damage caused by such removal removal. Property not so removed shall, unless requested to be removed, be deemed abandoned by the Tenant and all storage charges against such property so long as title to 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, as the case may be, within ten (10) days after 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 thereupon pass to Landlord under this Lease as by a b▇▇▇▇ of sale. All other alterations, additions and improvements in, on or to the Premises shall be dealt with and disposed of as provided in Article 6 hereof.
26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term. In the event that Tenant’s failure to perform prevents Landlord from releasing the Premises, Tenant shall 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 the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant’s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease.
Appears in 1 contract
Sources: Lease Agreement (PBSJ Corp /Fl/)
Surrender of Premises. Upon the termination, whether by lapse termination or earlier expiration of time or otherwisethis Lease, or upon any termination the exercise by Landlord of TenantLandlord’s right to possession re-enter the Premises without termination of the terminating this Lease, Tenant will at once surrender possession and vacate deliver the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), Premises to Landlord in good a condition and repaircomparable to the condition existing on the Commencement Date, ordinary wear wear, tear and tear obsolescence only excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of . Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender will deliver to Landlord all keys for the Premises and combinations to safes located in the Premises. Tenant will, at Landlord’s option, remove, or cause to be removed, from the Premises or the Building, at Tenant’s expense and as of Expiration Date or earlier termination of this Lease, all of Tenant’s signs, notices, displays, millwork, non-movable trade fixtures, or, subject to Subsection 8.3 of this Lease, any non-Building standard tenant improvements placed in the Premises or the Building. Tenant agrees to repair, at Tenant’s expense, any damage to the Premises or the Building resulting from the removal of any articles of personal property, movable business or trade fixtures, machinery, equipment, furniture, movable partitions or non-Building standard tenant improvements, including without limitation, repairing the floor and make known to Landlord patching and painting the explanation walls where reasonably required by Landlord. Tenant’s obligations under this Section 8.2 will survive the expiration or earlier termination of all combination locks, which Tenant is permitted to leave on the Premisesthis Lease. Subject to the Landlord’s rights under Section 23 hereof, if If Tenant fails to remove any item of Tenant’s Property within one (1) day after property permitted or required to be removed at the expiration or earlier termination of this Lease, or Tenant’s right to possession hereunderthe Term, Landlord, may, at TenantLandlord’s sole cost and expensesoption, shall be entitled to (a) 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. In addition, if Tenant fails to remove any Tenant’s Property from the Premises at the expense of Tenant and sell or storagedispose of same in such manner as Landlord deems advisable, as or (b) place such property in storage at the case may be, within expense of Tenant. Any property of Tenant remaining in the Premises ten (10) days after written notice from Landlord, Landlord, at its option, may deem all the Expiration Date or any part earlier termination of such Tenant’s Property this Lease will be deemed to have been abandoned by Tenant Tenant, and title thereof shall immediately pass in such case such items may be retained by Landlord as Landlord’s property or disposed of by Landlord without accountability to Tenant, in such manner as Landlord under this Lease as by a b▇▇▇ of saledetermines, at Tenant’s expense.
Appears in 1 contract
Sources: Office Building Lease (Heartland Payment Systems Inc)
Surrender of Premises. Upon the terminationtermination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon any the termination of Tenant’s 's right to possession without termination of the LeasePremises, Tenant will at once surrender possession and vacate deliver up the Premises, together with all Leasehold Improvements the fixtures (except those Leasehold Improvements other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant is required not to remove pursuant to Section 8 hereof)remove, to Landlord in good condition and repairrepair (including, ordinary wear but not limited to, replacing all light bulbs and tear excepted; conditions existing because ballasts not in good working condition) and in the condition in which the Premises existed as of Tenant’s failure to perform maintenancethe Commencement Date, repairs or replacements as required of Tenant under this Lease shall not be deemed “except for reasonable wear and tear.” Tenant . Reasonable wear and tear shall surrender to Landlord all keys not include any damage or deterioration to the floors of the Premises arising from the use of forklifts in, on or about the Premises (including, without limitation, any marks or stains of any portion of the floors), and make known to Landlord the explanation any damage or deterioration that would have been prevented by proper maintenance by Tenant or Tenant otherwise performing all of all combination locks, which Tenant is permitted to leave on the Premisesits obligations under this Lease. 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 Upon such termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing at the time of Landlord's delivery of its consent to such installation, that Tenant not remove some or Tenant’s right all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Premises. By the date which is twenty (20) days prior to possession hereundersuch termination of this Lease, LandlordLandlord shall notify Tenant in writing of those fixtures (other than trade fixtures), at Tenant’s sole cost alterations, additions and expenses, other improvements which Landlord shall be entitled require Tenant not to remove and/or store such Tenant’s Property and Landlord shall be in no event be responsible for from the value, preservation or safekeeping thereofPremises. Tenant shall pay Landlord, upon demand, repair any and all reasonable expenses damage caused by the installation or removal of such removal signs, trade fixtures, furniture, furnishings, fixtures, additions and all storage charges against such property so long as the same shall improvements which are to be in possession of Landlord or under the control of Landlord. In addition, if Tenant fails to remove any Tenant’s Property removed from the Premises or storage, as the case may be, within ten by Tenant hereunder. If Landlord fails to so notify Tenant at least twenty (1020) days after written notice from Landlordprior to such termination of this Lease, Landlordthen Tenant shall remove all tenant signage, at its optionalterations, may deem all furniture, furnishings, trade fixtures, additions and other improvements (other than the Tenant Improvements) installed in or any part about the Premises by, or on behalf of Tenant. Tenant shall ensure that the removal of such Tenant’s Property items and the repair of the Premises will be completed prior to have been abandoned by Tenant and title thereof shall immediately pass to Landlord under such termination of this Lease as by a b▇▇▇ of saleLease.
Appears in 1 contract
Sources: Lease Agreement (Phase Metrics Inc)
Surrender of Premises. Upon the termination, whether by lapse of time or otherwiseExpiration Date, or upon any earlier termination of Tenant’s right to hereof, Tenant shall quit and surrender possession without termination of the LeasePremises to Landlord in as good order and condition as the Premises are now or hereafter may be improved by Landlord or Tenant, reasonable wear and tear and repairs which are Landlord’s obligation and Damage from casualty excepted. Upon such termination, Tenant will at once surrender possession shall inform Landlord of all combinations on locks, safes and vacate vaults, if any, in the Premises and shall, without expense to Landlord, remove or cause to be removed from the Premises, together with all Leasehold Improvements (except those Leasehold Improvements debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitioning and other articles of personal property owned by Tenant is required or installed or placed by Tenant at its expense in the Premises, and all similar articles of any other persons claiming under Tenant unless Landlord exercises its option to remove pursuant have any subleases or subtenancies assigned to Section 8 hereof)Landlord, to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall surrender to Landlord repair all keys damage to the Premises and make known the Project resulting from such removal. Prior to Landlord the explanation of all combination locks, which Tenant is permitted to leave on surrendering the Premises. Subject to , Tenant shall repair any damage caused by the Landlord’s rights under Section 23 hereof, if Tenant fails to remove any removal of Tenant’s Property within one (1) day after the termination of this Leaseproperty, or including Tenant’s right signs, and any Alterations designated in writing by Landlord to possession hereunderbe removed in accordance with Section 8.3 above, Landlordincluding without limitation, the repair of the floor, and the patching and painting of the walls, all at Tenant’s sole cost and expensesexpense. As a matter of clarification, this section shall be entitled to remove and/or store such Tenant’s Property survive the termination of this Lease and Landlord shall be in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay a breach of this Section 20.2 entitles Landlord, upon demandafter notice and lapse of any applicable cure periods, any and to all reasonable expenses caused by such removal and all storage charges against such property so long as of its remedies hereunder including the same shall be in possession of Landlord or indemnity under the control of Landlord. 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 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 as by a b▇▇▇ of saleSection 16.1.
Appears in 1 contract
Sources: Office Lease (Genius Products Inc)
Surrender of Premises. REMOVAL OF PROPERTY -------------------------------------------------------
(a) The voluntary or other surrender of this Lease by Tenant to Landlord, or a mutual termination hereof, shall not work a merger, and shall at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies affecting the Premises.
(b) Upon the termination, whether by lapse expiration of time or otherwisethe term of this Lease, or upon any termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord in good condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and 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 earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord in as good order and condition as the same are now and hereafter may be improved by Landlord or Tenant’s right , reasonable wear and tear, casualty and repairs which are Landlord's obligation excepted, and shall, without expense to possession hereunder, Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, moveable partitioning and other articles of personal property owned by Tenant or installed or placed by Tenant at its own expense in the Premises, 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 all damage to the Premises resulting from the installation and removal of such items to be removed.
(c) Whenever Landlord shall re-enter the Premises as provided in Article 12 hereof, or as otherwise provided in this Lease, any property of Tenant not removed by Tenant upon the expiration of the term of this Lease (or within forty-eight (48) hours after a termination by reason of Tenant’s sole cost and expenses's default), as provided in this Lease, shall be entitled to remove and/or store such Tenant’s Property considered abandoned, and Landlord shall be may remove any or all of such items and dispose of the same in no event be responsible any manner permitted by law or store the same in a public warehouse or elsewhere for the valueaccount and at the expense and risk of Tenant, preservation or safekeeping thereof. and if Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of ninety (90) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord, 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. 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 written notice from Landlord, Landlord, at its optionsole discretion, may deem proper, without notice or to demand upon Tenant, for the payment of all or any part of such charges or the removal of any such property, and shall apply the proceeds of such sale as follows: first, to the cost and expense of such sale, including reasonable attorneys' fees for services rendered; second, to the payment of the cost of or charges for storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and fourth, the balance, if any, to Tenant’s Property .
(d) All fixtures, equipment, Alterations and/or appurtenances attached to have been abandoned or built into the Premises prior to or during the term of the Lease (other than Tenant's personal property and trade fixtures), whether by Landlord or Tenant and whether at the expense of Landlord or Tenant, or of both, shall be and remain part of the Premises and shall not be removed by Tenant and title thereof shall immediately pass to Landlord under at the end of the term unless otherwise expressly provided for in this Lease as or unless such removal is required by a b▇▇▇ Landlord pursuant to the provisions of saleArticle 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include, but not be limited to all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations.
Appears in 1 contract
Sources: Standard Office Lease (Netzero Inc)
Surrender of Premises. Upon Tenant will surrender the termination, whether by lapse of time Premises to Landlord at the expiration or otherwise, or upon any earlier termination of Tenant’s right to possession without termination of the Lease, Tenant will at once surrender possession and vacate the Premises, together with all Leasehold Improvements (except those Leasehold Improvements Tenant is required to remove pursuant to Section 8 hereof), to Landlord this Lease in good order, condition and repair, ordinary wear and tear excepted; conditions existing because of Tenant’s failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed “reasonable wear and tear.” Tenant shall , permitted Alterations and damage by casualty or condemnation excepted, and will surrender to Landlord all keys to the Premises and make known to Property Manager or to Landlord at the explanation place then fixed for Tenant’s payment of Basic Rent or as Landlord or Property Manager otherwise direct. Tenant will also inform Landlord of all combination combinations on locks, which safes and vaults, if any, in the Premises, the Buildings or in the Shopping Center. Tenant is permitted to leave will at such time remove all of its property from the Premises and, if Landlord so requires, all specified Alterations and improvements Tenant placed on the Premises. Subject 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 on or before the date which is the later of (a) the expiration of the Term, and (b) the date thirty (30) days after the date Landlord notifies Tenant that Landlord has entered into a letter of intent or lease with respect to any portion of the Premises, Tenant releases and will indemnify, defend (with counsel reasonably acceptable to Landlord’s rights under Section 23 hereof, if Tenant fails to remove ) protect and hold harmless Landlord and the Landlord Affiliated Entities from and against any of Claim resulting from Tenant’s Property within one (1) 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 after of the termination of this Lease, or Term is deemed abandoned. Tenant appoints Landlord as Tenant’s right agent to possession hereunder, Landlordremove, at Tenant’s sole cost and expensesexpense, shall be entitled to remove and/or store such all of 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. 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 written notice from Landlord, Landlord, at upon termination of this Lease and to cause its option, may deem all or any part of such transportation and storage for Tenant’s Property to have been abandoned by Tenant benefit, all at the sole cost and title risk of Tenant, and Landlord will not be liable for damage, theft, misappropriation or loss thereof shall immediately pass to Landlord under this Lease as by a b▇▇▇ of saleor in any manner in respect thereto.
Appears in 1 contract
Sources: Multi Tenant Office Lease Agreement (Pluralsight, Inc.)