Common use of Surrender of Premises Clause in Contracts

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 5 contracts

Sources: Lease Agreement (Monaco Coach Corp /De/), Lease Agreement (Monaco Coach Corp /De/), Lease Agreement (Monaco Coach Corp /De/)

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease Lease, whether by lapse of time or otherwise, or upon re-entry the exercise by Landlord upon of the Leased Propertypower to enter and repossess the Premises without terminating this Lease, as hereinbefore provided, Tenant shall at Tenant's expense quit and once surrender possession of the Leased Property and deliver the same Premises to Landlord in good order, a condition and repairorder of repair substantially similar to its original condition and order of repair upon the commencement of the lease term, ordinary reasonable wear and tear and damage by fire or other events of casualty described in Section 1, excepted, and shall at once remove all of ▇▇▇▇▇▇'s personal property and trade fixtures from the Premises. Upon any such termination, Tenant shall pay shall, as directed by ▇▇▇▇▇▇▇▇, either remodel any addition to Landlord any insurance proceeds received the Premises constructed by Tenant attributable under Section 9, above, so as to facilitate use of such addition for office operations or remove such addition from the Premises. Any such remodeling or removal of any addition to the Premises shall be made by Tenant at its sole cost and expense. If, upon any such termination, ▇▇▇▇▇▇ does not at once surrender possession of the Premises and remove such of its property as allowed by Landlord, Landlord may forthwith re-enter and repossess the same and remove all of Tenant's property without being guilty of trespass or of forceful entry or detainer or without incurring any liability to Tenant for loss or damage to the Leased Property to the extent Tenant's property. Upon any such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which removal of Tenant's property, it shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed considered to have been abandoned, abandoned and in such case such items may either be retained by Landlord as its property or may be disposed of at public or private sale as Landlord sees fit. If any such property is either sold at public or private sale or retained by Landlord, without accountability, in the proceeds of any such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration sale or termination of this Lease. 22.03. If Tenant remains in possession the then current fair market value of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leaseproperty, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed applied by Landlord against Landlord's expenses of removal, storage or sale of such property, the arrears of rent and other charges or future rent and other charges payable hereunder, and any other damages to permit which Landlord may be entitled hereunder. Tenant shall repair, at its sole cost and expense, any damage to remain in possession the Premises resulting from the removal of the Leased Property after the expiration or sooner termination of the term of this Leaseits property as allowed hereunder. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 4 contracts

Sources: Commercial Lease Agreement, Commercial Lease Agreement, Commercial Lease Agreement

Surrender of Premises. 22.01. Upon the expiration or sooner termination of the term of this Lease for whatever cause for any Premises, or upon the exercise by Landlord of its right to re-entry by Landlord upon the Leased Propertyenter any Premises without terminating this Lease, Tenant shall at Tenant's expense quit immediately, quietly and peaceably surrender the Leased Property and deliver the same to Landlord possession of such Premises “broom clean” and in good order, condition and repair, except only for ordinary wear and tear and tear, damage by fire casualty (subject to ARTICLE 15) and repairs to be made by Landlord under this Lease. If Tenant is in default under this Lease, Landlord shall have a lien on Tenant’s personal property, trade fixtures and other property as set forth in Section 38-3-1, et seq., of the Utah Code ▇▇▇. (or any replacement provision), subject to any lien waiver or subordination previously executed by Landlord. In addition to the provisions of ARTICLE 12, Tenant may, and Landlord may require Tenant to, remove any personal property, equipment, trade fixtures and other casualty exceptedproperty owned by Tenant. All personal property, trade fixtures and other property of Tenant not removed from any Premises on the abandonment of such Premises or on the expiration of the term of this Lease or sooner termination of this Lease with respect to any Premises for any cause shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to, and without any obligation to account to, Tenant or any other person. Tenant shall pay to Landlord all expenses incurred in connection with the disposition of such property in excess of any insurance proceeds amount received by Tenant attributable to damage to the Leased Property to the extent Landlord from such proceeds have not been used to restore such items in accordance with this Lease. 22.02disposition. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If While Tenant remains in possession of the Leased Property any Premises after the termination of this Lease without the execution of a new leasesuch expiration with Landlord’s prior written consent, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, Tenant shall be deemed to be occupying the Leased Property such Premises as a tenant from month-to-month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Termtenant, subject to all of the other terms obligations of Tenant under this Lease insofar as Lease, except that the same are applicable to a monthMonthly Rent shall be one hundred ten percent (110%) of the Monthly Rent in effect immediately before such expiration, termination or exercise by Landlord. While Tenant remains in possession of any Premises after such expiration, termination or exercise by Landlord of its re-to-month tenancy. Furtherentry right without Landlord’s prior written consent, Tenant hereby indemnifies Landlord against liability resulting from delay shall be deemed to be occupying such Premises as a tenant-at-sufferance, subject to all of the obligations of Tenant under this Lease, except that the daily rent shall be twice the per-day rent in effect immediately before such expiration, termination or exercise by Landlord. No such holding over shall extend the Term. If Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required fails to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part surrender possession of the Premises in order the condition herein required, Landlord may, at Tenant’s expense, restore the Premises to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leasecondition. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 4 contracts

Sources: Master Lease Agreement (Nu Skin Enterprises Inc), Master Lease Agreement (Nu Skin Enterprises Inc), Master Lease Agreement (Nu Skin Enterprises Inc)

Surrender of Premises. 22.01. Upon At the expiration or sooner termination of the Term of this Lease Lease, or upon re-entry by Landlord upon the Leased Propertyits earlier termination, Tenant shall at Tenant's expense quit and surrender the Leased Property Premises, including all Improvements and deliver the same to Landlord additions thereto and alterations thereof in good order, condition and repairrepair (which for the Hotel shall be as determined by the maintenance standards and specifications promulgated by the Hotel Franchisor as defined in Section 8.1 hereof), ordinary wear and tear and damage by fire free of any debt or other casualty exceptedencumbrances not approved by Landlord, and shall surrender all keys to the Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of all combinations on lock, safes and vaults, if any. Tenant at such time shall pay to Landlord remove all of its Trade Fixtures and Personal Property therefrom and shall repair any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent Premises caused by such proceeds have not been used to restore such items in accordance with this Lease. 22.02removal. Any items which shall remain in the Leased such Trade Fixtures and Personal Property after the Expiration Date, or after an earlier termination date, maynot so removed shall, at Landlord’s option, become the option exclusive property of Landlord, Landlord or be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's ’s cost and expense. , without further notice to or demand upon Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will Premises shall not be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property surrendered as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Furtherabove set forth, Tenant hereby indemnifies shall indemnify, defend and hold harmless Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Leased PropertyPremises, including (a) including, without limitation any claims claim made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant occupant founded upon on such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part . All Property of Tenant not removed by the last day of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason Term of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained this Lease shall be deemed abandoned. Tenant hereby appoints Landlord its agent to permit remove all such Trade Fixtures and Personal Property of Tenant to remain in possession from the Premises upon the expiration of the Leased Term of this Lease or its earlier termination and to cause its transportation and storage for Tenant’s benefit, all at the sole cost and risk of Tenant and Landlord shall not be liable for damage, theft, misappropriation or loss thereof and Landlord shall not be liable in any manner in respect thereto. Tenant shall pay all cost and expenses incurred by Landlord with respect to removal or storage of abandoned Trade Fixtures and Personal Property after and with respect to restoring said Premises to good order, condition and repair. Tenant’s obligations and covenants shall survive the expiration or sooner other termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 3 contracts

Sources: Land and Improvements Lease, Land and Improvements Lease, Land and Improvements Lease

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease Lease, whether by lapse of time or otherwise, or upon re-entry the exercise by Landlord upon of the Leased Propertypower to enter and repossess the Premises without terminating this Lease, as hereinbefore provided, Tenant shall at Tenant's expense quit and once surrender possession of the Leased Property and deliver the same Premises to Landlord in good order, a condition and repairorder of repair substantially similar to its original condition and order of repair upon the commencement of the lease term, ordinary reasonable wear and tear and damage by fire or other events of casualty described in Section 1, excepted, and shall at once remove all of Tenant's personal property and trade fixtures from the Premises. Upon any such termination, Tenant shall pay shall, as directed by Landlord, either remodel any addition to Landlord any insurance proceeds received the Premises constructed by Tenant attributable under Section 9, above, so as to facilitate use of such addition for office operations or remove such addition from the Premises. Any such remodeling or removal of any addition to the Premises shall be made by Tenant at its sole cost and expense. If, upon any such termination, Tenant does not at once surrender possession of the Premises and remove such of its property as allowed by Landlord, Landlord may forthwith re-enter and repossess the same and remove all of Tenant's property without being guilty of trespass or of forceful entry or detainer or without incurring any liability to Tenant for loss or damage to the Leased Property to the extent Tenant's property. Upon any such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which removal of Tenant's property, it shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed considered to have been abandoned, abandoned and in such case such items may either be retained by Landlord as its property or may be disposed of at public or private sale as Landlord sees fit. If any such property is either sold at public or private sale or retained by Landlord, without accountability, in the proceeds of any such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration sale or termination of this Lease. 22.03. If Tenant remains in possession the then current fair market value of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leaseproperty, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed applied by Landlord against Landlord's expenses of removal, storage or sale of such property, the arrears of rent and other charges or future rent and other charges payable hereunder, and any other damages to permit which Landlord may be entitled hereunder. Tenant shall repair, at its sole cost and expense, any damage to remain in possession the Premises resulting from the removal of the Leased Property after the expiration or sooner termination of the term of this Leaseits property as allowed hereunder. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement (Sound Revolution Inc.)

Surrender of Premises. 22.01. Upon the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at deliver up and surrender to Landlord possession of the Premises, including all alterations, additions, improvements and fixtures, other than Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord trade fixtures, in good order, condition and state of repair, ordinary wear and tear excepted, and shall deliver all keys to the Premises to the office of Landlord at the Shopping Center or as otherwise directed by Landlord. Tenant shall have fifteen (15) days after the date the Term of this Lease expires or earlier terminates to remove its personal property and trade fixtures; provided, however, that (a) Tenant shall repair all damage by fire to the Premises resulting from or arising out of such removal, (b) during such period Tenant shall perform and be liable for all obligations and conditions imposed on Tenant hereunder except for the payment of Rent, including, without limitation, maintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. The obligations set forth in the preceding sentence shall survive the termination of this Lease. Any property of Tenant not removed from the Premises within such fifteen (15) day period shall be deemed abandoned. In addition to all other casualty exceptedremedies available, Landlord may, but shall not be obligated to, retain or dispose of any or all such property without liability to Tenant. In the event that Landlord elects to dispose of such property, Landlord shall so notify Tenant, and Tenant shall, no later than ten (10) days after 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, on demand, all costs and expenses incurred by Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent in disposing of such proceeds have not been used to restore such items in accordance property, including, without limitation, reasonable attorneys' fees and disbursements, together with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Dateinterest thereon, or after an earlier termination date, may, calcu- lated at the option of LandlordInterest Rate, be deemed to have been abandoned, and in from the date Landlord ex- pended such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Leaseamounts. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 3 contracts

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

Surrender of Premises. 22.01. HOLDING OVER Upon expiration of the expiration term or sooner the termination of this Lease or upon re-entry by Landlord upon the Leased Propertyof Tenant's right of possession, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises and all tenant improvements and alterations (except alterations which Tenant has the right or obligation to remove) in good ordercondition, condition and repair, except for ordinary wear and tear tear. RIDER NO. 41 Tenant shall remove all personal property including, without imitation, all wallpaper, paneling and other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any alterations or Tenant's personal property before the expiration of the term, including for example, restoring all wall surfaces to their condition prior to the commencement of this Lease. RIDER NO. 42 Landlord can elect to retain or dispose of in any manner ▇▇▇▇▇▇'s personal property not removed from the Premises by Tenant prior to the expiration of the term. Tenant waives all claims against Landlord for any damage by fire to Tenant resulting from ▇▇▇▇▇▇▇▇'s retention or other casualty excepteddisposition of ▇▇▇▇▇▇'s personal property. Tenant shall pay be liable to Landlord any insurance proceeds received by Tenant attributable for Landlord's costs for storage, removal or disposal of Tenant's personal property. If ▇▇▇▇▇▇ fails to damage to surrender the Leased Property to Premises upon the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in expiration of the Leased Property after the Expiration Dateterm, or after an earlier termination date, may, at upon the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03Lease or of Tenant's right of possession, Tenant shall defend, indemnify and hold Landlord harmless from all resulting loss or liability, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure. If Tenant Tenant, with ▇▇▇▇▇▇▇▇'s consent, remains in possession of the Leased Property Premises after the termination expiration of this Lease without the execution of a new leaseLease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, such possession by Tenant shall be deemed to be occupying the Leased Property as a tenant from month-to-month to monthtenancy terminable on written 30-day notice at any time, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms by either party. All provisions of this Lease insofar as Lease, except those pertaining to term and rent, shall apply to the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant shall pay Base Monthly Rent in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required an amount equal to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part 150% of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as Base Monthly Rent for the case may be, or its negotiation therefor by reason last full calendar month during the regular term plus 100% of said last month's estimate of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed share of Expenses pursuant to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this LeaseSection 4.3(3). 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 2 contracts

Sources: Industrial/Business Park Lease (Medicalogic Inc), Industrial/Business Park Lease (Medicalogic Inc)

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty excepted. for which Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to is not responsible under the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination terms of this Lease without excepted, and Tenant may remove all of its property pursuant to Article 4. Tenant’s obligation to observe or perform this covenant shall survive the execution expiration or sooner termination of a new leasethe 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedy Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half (2) times the Fixed Minimum Rent and Additional Rent which was payable under this Lease during the last month of the Term, subject to all plus one hundred percent (100%) of the other terms of this Lease insofar as Additional Rent which would have been due from Tenant for such holdover period had the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant Term not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Propertyended. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Compass, Inc.), Lease Agreement (Urban Compass, Inc.)

Surrender of Premises. 22.01. Upon the expiration or sooner earlier termination of the Term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense peaceably quit and surrender the Leased Property and deliver the same to Landlord the Premises in neat and clean condition and in good order, condition and repair, together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease (except as hereinafter provided), excepting only ordinary wear and tear use and damage by fire or other casualty exceptedfor which, under other provisions of this Lease, Tenant has no responsibility to repair or restore. Tenant shall pay remove all of Tenant's Removable Property and may, at its election, remove or leave in place (a) the fifty (50) workstations currently located in the Building (which workstations shall become Tenant's personal property one (1) year from the date hereof so long as Tenant is not then in default hereunder and this Lease is then in full force and effect and which workstations shall become Landlord's personal property upon the expiration or earlier termination of the Term if Tenant chooses not to Landlord any insurance proceeds received remove the same as aforesaid), and; (b) all Alterations made by Tenant attributable to damage at Tenant's expense. Tenant shall repair any damages to the Leased Property to Premises or the extent Building caused by any such proceeds have not been used to restore such items in accordance with this Lease. 22.02removal. Any items of (1) said workstations, (2) Tenant's Removable Property, and (3) such Alterations which shall remain in the Leased Property Building or on the Premises after the Expiration Date, expiration or after an earlier termination date, may, at of the option Term of Landlord, this Lease shall be deemed conclusively to have been abandoned, and in such case such items either may be retained by Landlord as its property or may be disposed of by Landlord, without accountability, in such manner as Landlord may see fit at Landlord's sole cost and expense, except with respect to Tenant's Removable Property which shall determine be at Tenant's sole cost and expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Silverstream Software Inc), Lease (Silverstream Software Inc)

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after the termination of Term or any renewal thereof falls on Saturday or Sunday this Lease without shall expire on the execution of a new leasebusiness day immediately preceding. 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedy Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half three (3) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)

Surrender of Premises. 22.01(a) Upon expiration or earlier termination, of this Agreement Lessee shall peaceably surrender the Premises to Lessor. Upon At surrender, the Premises shall be in as good condition as they were at the Commencement Date, except as the Premises were repaired, rebuilt, restored, altered, or added to as permitted or required by the provisions of this Agreement, ordinary wear and tear excepted, and subject to those provisions below. (b) If Lessee elects to remove any fixtures, improvements (including all Improvements to which Lessee has title), or if Lessor declines Lessee’s offer to accept ownership of the same, then Lessee shall restore the Premises to its natural state as deemed acceptable by Lessor. All plans for Lessee’s subsequent removal and restoration shall be to the satisfaction of Lessor and shall be completed no later than thirty (30) calendar days after the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased PropertyAgreement, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty exceptedtime line agreed upon by the Lessor. Tenant During any period of time employed by Lessee to remove fixtures, improvements (including all Improvements to which Lessee has title) Lessee shall continue to pay Rent to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items Lessor in accordance with this LeaseAgreement, which said Rent shall be prorated daily. 22.02. (c) Any items which holding over by Lessee after either expiration or earlier termination shall remain in the Leased Property after the Expiration Datenot constitute a renewal or extension, or after an earlier termination date, may, at give Lessee any rights in or to the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03Premises. If Tenant Lessee, with Lessor’s consent, remains in possession of the Leased Property Premises after Agreement expiration or earlier termination (including for the termination purpose of this Lease without the execution Lessee’s removal of a new leaseImprovements), the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, such possession shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy terminable upon thirty (30) calendar days’ notice furnished at any time by either party to the other. In addition, all provisions of this Agreement, except those pertaining to Term, shall apply to the month-to-month tenancy, and Lessee shall continue to pay all Rent required by this Agreement. FurtherProvided, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering however, Rent shall be paid monthly on the Leased Property, including first (a1st) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part day of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leasemonth. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Surrender of Premises. 22.01. Upon At the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTenant's right of possession, Tenant shall at Tenant's expense quit remove all personal property and surrender the Leased Property and deliver the same Premises to Landlord in good order, condition order and repairin "broom clean" condition, ordinary wear and tear and damage excepted, removing, as requested by fire Landlord, any improvements or other casualty exceptedalterations made by Tenant. If Tenant fails to remove any of Tenant's personal property within two (2) business days after termination, Landlord, at Tenant's sole cost and expense, shall be entitled to remove and store Tenant's personal property. Landlord shall not be responsible for the safekeeping or preservation of Tenant's personal property. Tenant shall pay Landlord, upon demand, all costs of storage. If Tenant fails to remove Tenant's personal property from the Premises or from storage within thirty (30) days after delivery of notice, Landlord may deem all or any insurance proceeds received part of Tenant's Property to be abandoned and title to that property shall vest in Landlord. If Tenant fails to remove any of the alternations or improvements made by Tenant attributable to damage to by the Leased Property to the extent Termination Date and complete related repairs in a timely manner, Landlord may perform such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine work at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage fails to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for surrender all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as at the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant's occupancy shall be subject to all the terms and provisions of this Lease and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to two hundred percent (200%) of the sum of the Rent and of the Additional Rent due for the period immediately preceding the holdover. No agreement to accept a surrender holdover by Tenant or acceptance of all or any part of payment from the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a Tenant after the termination of this Lease shall extend the Term or a surrender prevent Landlord from immediate recovery of possession of the Leased Property or this LeasePremises.

Appears in 2 contracts

Sources: Commercial Lease, Commercial Lease

Surrender of Premises. 22.01Tenant agrees to surrender the Premises at the termination of the tenancy herein created to Landlord including all of the Tenant's improvements and alterations in good condition (except for ordinary wear and tear occurring to the Premises and except for alterations that Tenant has the right to remove or is obligated to remove under the provisions of this Lease). Upon Tenant shall remove all its personal property prior to the date of termination of the tenancy and shall remove all other improvements and alterations to the Premises if Landlord directs Tenant to do so, at Tenant's sole cost and expense. Tenant shall perform all restoration made necessary by the removal of any alterations or Tenant's personal property prior to termination of the tenancy. Landlord can elect to retain or dispose of in any manner any alterations or Tenant's personal property that Tenant does not remove from the Premises upon termination of the tenancy as allowed or required by this Lease by giving at least ten (10) days notice to Tenant. Title to any such alterations or Tenant's personal property that Landlord elects to retain or dispose of on expiration of the ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or sooner disposition of any such alterations or Tenant's personal property. Tenant shall be liable to Landlord for Landlord's cost for storing, removing and disposing of any alterations of Tenant's personal property. If Tenant fails to surrender the Premises to Landlord on the termination of the tenancy, Tenant shall indemnify, defend and hold Landlord harmless from any claims, damages, costs, expenses and attorney’s fees incurred by Landlord as a result of Tenant's failure to surrender the Premises. If Tenant shall fail to remove all of its effects from said Premises upon termination of this Lease or upon re-entry by for any cause whatsoever, Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at its option, remove the option of Landlord, be deemed to have been abandonedsame in any manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof, and Tenant agrees to pay Landlord upon demand any and all expenses incurred in such case removal including court costs and attorney’s fees and storage charges on such items may effects for any length of time that the same shall be retained by in Landlord's possession, or Landlord as may, at its property or disposed of by Landlordoption, without accountabilitynotice, in sell said effects, or any of the same, at private sale and without legal process, for such manner price as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination may obtain and apply the proceeds of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of such sale upon any amounts due under this Lease without the execution of a new lease, the parties recognize and agree that the damage from Tenant to Landlord will be substantial, will exceed and upon the amount expense incident to the removal and sale of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leasesaid effects. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Global Food Technologies, Inc.), Lease Agreement (Global Food Technologies, Inc.)

Surrender of Premises. 22.01(a) Upon expiration or other termination of the Term of this License, User shall (i) quit and surrender to Owner the Premises vacant, broom clean, in good order and condition, normal wear and tear excepted, and (ii) remove all its property therefrom, except as otherwise expressly provided in this License. Upon User's obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this License. If the last day of the Term of this License falls on a Sunday, this License shall expire at noon on the preceding Saturday, unless it be a legal holiday, in which case it shall expire at noon on the previous business day. (b) User acknowledges that possession of the Premises must be surrendered to Owner at the expiration or sooner termination of the Term of this Lease License. User agrees to indemnify and save Owner harmless against all costs, claims, loss or upon re-entry liability resulting from delay by Landlord upon User in so surrendering the Leased PropertyPremises, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlordincluding, without accountabilitylimitation, in any claims made by any succeeding tenant founded on such manner as Landlord shall determine at Tenant's expensedelay. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the The parties recognize and agree that the damage to Landlord Owner resulting from any failure by User to timely surrender possession of the Premises as aforesaid will be extremely substantial, will exceed the amount of monthly Fixed Rent the License Fee and Additional Rent Fees theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part User therefore agrees that if possession of the Premises in order is not surrendered to induce such purchaser or tenant not to terminate its purchase agreement or lease, as owner within 24 hours after the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession date of the Leased Property expiration or sooner termination of the Term of this License, then User shall pay to Owner for each month and for each portion of any month during which User holds over in the Premises after the expiration or sooner termination of the term Term of this Lease. 22.04. No agreement License, a sum equal to accept a surrender two (2) times the aggregate of all or any part that portion of the Leased Property or License Fee and Additional Fees which was payable under this Lease License during the last month of the term hereof. Nothing contained herein shall be valid unless in writing deemed to permit User to retain possession of the Premises after expiration of the Term of this License and signed by Landlord. No delivery the provisions of keys this Article shall operate as a survive the expiration or sooner termination of the Term of this Lease or a surrender of the Leased Property or this LeaseLicense.

Appears in 2 contracts

Sources: License Agreement (Tender Loving Care Health Care Services Inc/ Ny), License Agreement (Staff Builders Inc /De/)

Surrender of Premises. 22.01HOLDOVER ------------------------------ Section 28.01. Upon the expiration or sooner other termination of the Term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Demised Premises in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty casualty, the elements and any cause beyond Tenant's reasonable control excepted. Tenant , and shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items remove all its property therefrom, except as otherwise provided in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. 22.03Section 28.02. If Tenant remains in possession at any time during the last month of the Leased Property after Term of this Lease, Tenant shall have removed all or substantially all of Tenant's property from the Demised Premises, Landlord may, and Tenant irrevocably grants to Landlord a license to, immediately enter and alter, renovate and redecorate the Demised Premises, without diminution or abatement of rent, or incurring liability to Tenant for any compensation, and such acts shall have no effect on this Lease. Section 28.03. Tenant agrees it shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in surrendering the Demised Premises upon expiration or sooner termination of the term of this Lease Lease, including, without the execution of a new leaselimitation, the any claims made by any succeeding tenant founded on such delay unless such delay was caused by Landlord. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Demised Premises will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyof accurate measurement. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered therefore agrees that if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property Demised Premises is not surrendered to Landlord within two (2) days after the date of the expiration or sooner termination of the term Term of this Lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Demised Premises after expiration or sooner termination of the Term of this Lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this Lease during the six (6) month period preceding such expiration or termination of the Term of this Lease. Notwithstanding, the foregoing, provided that during the six (6) month period immediately preceding the Expiration Date, Tenant has entered into a new lease or has been negotiating in good faith the terms of a new lease, in either case to commence on or prior to the Expiration Date, then Tenant shall pay Landlord as liquidated damages for each month and for each portion of any month, not to exceed six (6) months, during which Tenant holds over in the Demised Premises after expiration of the Term of this Lease, only a sum equal to the average rent and additional rent which was payable per month under this Lease during the six (6) month period preceding such expiration of the Term of this Lease. After six (6) months beyond the Expiration Date, the provisions of the immediately preceding sentence shall not apply. The aforesaid obligations shall survive the expiration of sooner termination of the Term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 2 contracts

Sources: Lease (Ticketmaster Online Citysearch Inc), Lease (Citysearch Inc)

Surrender of Premises. 22.0128.01. Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same Demised Premises to Landlord Landlord, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty excepted. , and Tenant shall pay to Landlord any insurance proceeds received by remove all of its high density file systems and the like, trade fixtures, equipment and personal property (collectively, the "Leasehold Improvements")as herein provided. Without limiting the generality of the foregoing, Tenant attributable to damage to shall remove, upon the Leased Property to the extent such proceeds have not been used to restore such items in accordance with expiration or earlier termination of this Lease. 22.02. Any , signage and rooftop equipment and all such other items which shall remain installed in or on the Leased Property after Building and the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained Demised Premises by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. If Tenant shall fail to remove its Leasehold Improvements, signage and Rooftop Equipment from the Demised Premises upon the expiration or earlier termination of this Lease, such Leasehold Improvements Rooftop Equipment, signage property shall be deemed abandoned by Tenant and Landlord shall have the right to remove such property and dispose of same in any manner that Landlord deems appropriate, in its sole and absolute discretion. Landlord shall have no liability to Tenant for such Leasehold Improvements Rooftop Equipment and signage or any damage thereto as a result of such removal, it being expressly understood and agreed that Landlord may do whatever it wishes with Leasehold Improvements, the Rooftop Equipment and signageleft in the Demised Premises after the expiration or earlier termination of this Lease. Tenant shall be liable to Landlord for its all damages, costs so incurred and expenses associated with the removal of any of Tenant's Leasehold Improvement, Rooftop Equipment and signage from the Demised Premises. The provisions of this Section 28.01 shall survive the expiration or earlier termination of this Lease. 22.0328.02. If Tenant remains in acknowledges that possession of the Leased Property after Demised Premises must be surrendered to Landlord at the expiration or earlier termination of the term of this Lease without the execution of a new lease, the Lease. The parties recognize and agree that the damage to Landlord will resulting from any failure by Tenant to timely surrender possession of the Demised Premises as aforesaid may be substantial, will may exceed the amount of the monthly Fixed Rent rent and Additional Rent additional rent theretofore payable hereunder hereunder, and will be maybe impossible to measure accuratelyaccurately measure. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered therefore agrees that if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property Demised Premises is not surrendered to Landlord within 48 hours after the expiration or earlier termination of the term of this Lease, then, notwithstanding anything to the contrary contained in this Lease, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or sooner termination of the term of this Lease. 22.04. No agreement , rent at a rate equal to accept a surrender the greater of all or any part (a) one hundred and fifty percent (150%) of that portion of the Leased Property or Fixed Annual Rent and additional rent that was payable under this Lease for the last month of the term hereof Nothing herein contained shall be valid unless in writing and signed by Landlorddeemed to permit Tenant to retain possession of the Demised Premises after the expiration or sooner termination of the term of this Lease. No delivery The provisions of keys this Section 28.02 shall operate as a survive the expiration or earlier termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 2 contracts

Sources: Lease Agreement (1 800 Flowers Com Inc), Lease Agreement (1 800 Flowers Com Inc)

Surrender of Premises. 22.01All improvements to the Premises (collectively, "Leasehold Improvements" shall be owned by Landlord and shall remain upon the Premises with out compensation to Tenant. Upon At the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTenant's right o possession, Tenant shall at remove Tenant's expense Removable Property (defined below) from the Premises and quit and surrender the Leased Property Premises to Landlord, broom clean, and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term "Tenant's Removable Property" shall mean (A) Cable installed by or for the benefit of Tenant and damage by fire located in the Premises or other casualty exceptedportions of the Building (B) any Leasehold improvements that are installed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements ("Special Installations"); and (C) Tenant's personal property. Tenant Landlord shall pay to Landlord any insurance proceeds received by Tenant attributable to damage within 10 Business Days after its receipt of (i) the Approved Construction Documents (as defined in the Work Letter attached hereto as Exhibit D) with respect to the Leased Landlord Work, and (ii) the plans and specifications with respect to any Alterations, notify Tenant in writing whether any Leasehold Improvements to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord's sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises . If Tenant fails to remove any of Tenant's Removable Property (other than Special Installations which Landlord has designated to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property Premises) within 5 days after the termination of this Lease without the execution or of a new leaseTenant's right to possession, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeLandlord, at the option of LandlordTenant's sole cost and expense, shall be deemed entitled (but not obligated) to remove and store Tenant's Removable Property. Landlord shall not be occupying responsible for the Leased value, preservation or safekeeping of Tenant's Removable Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred for Tenant's Removable Property. To the fullest extent permitted by applicable Law, any unused portion of Tenant's Security Deposit maybe applied to offset Landlord's costs set forth in the preceding sentence. In addition, if Tenant fails to remove Tenant's Removable Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasestorage, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or leasewithin 30 days after written notice, as the case Landlord may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of deem all or any part of Tenant's Removable Property to be abandoned, and title to Tenant's Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Leased Premises, Tenant's Removable Property or shall be removed by Tenant before the Expiration Date; provided that upon Landlord's prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant's Removable Property. Tenant's possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant's Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant's Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be valid unless in writing and signed removed by LandlordTenant on or before such earlier date of termination. No delivery Tenant shall repair damage caused by the installation or removal of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this LeaseTenant's Removable Property.

Appears in 1 contract

Sources: Office Lease (Hallmark Financial Services Inc)

Surrender of Premises. 22.01. Upon On the expiration last day, or sooner earlier permitted termination of this Lease or upon re-entry by Landlord upon the Leased Propertylease term, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord leased premises in good order, and orderly condition and repair, ordinary repair (reasonable wear and tear tear, and damage by fire or other casualty excepted. Tenant ) and shall pay deliver and surrender the leased premises to the Landlord any insurance proceeds received peaceably, together with all alterations, additions and improvements in, to or on the leased premises made by Tenant attributable which Landlord elects to damage retain. The Landlord reserves the right, as hereinbefore set forth, to require the Leased Property Tenant at its cost and expense to remove any alterations or improvements installed by the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02Tenant which covenant shall survive the surrender and the delivery of the leased premises as provided hereunder. Any items which shall remain Landlord's exercise of the right granted in the Leased Property after preceding sentence shall be conditioned upon Landlord giving a proper notice of the Expiration Dateexercise of such right to Tenant at any time up to thirty (30) days following the expiration of the lease term or, or after an earlier in the event of termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed permitted under this lease, at any time up to 30 days following the notice of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensetermination. Tenant's obligation Prior to reimburse Landlord for its costs so incurred shall survive the expiration or termination of this Lease. 22.03. If Tenant remains in possession of the lease term the Tenant shall remove all of its personal property, including fixtures, equipment and trade fixtures from the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accuratelyPremises. Tenant, therefore, at the option of Landlord, All personal property not removed by Tenant shall be deemed abandoned by Tenant, and Landlord reserves the right to be occupying charge the reasonable cost of such removal to the Tenant, which obligation shall survive the lease termination and surrender hereinabove provided. If the Leased Property as a tenant from month Premises be not surrendered to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month end of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Furtherlease term, Tenant hereby indemnifies shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this LeasePremises. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Gender Sciences Inc)

Surrender of Premises. 22.01. 22.01 Upon the expiration or sooner other termination of the Term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall shall, at Tenant's expense quit ’s sole cost and surrender the Leased Property expense, quit, surrender, vacate and deliver the same Demised Premises to Landlord broom clean and in good order, condition and repairrepair except for ordinary wear, ordinary wear and tear and damage by fire or other casualty exceptedand condemnation, together with all Tenant Changes (except as otherwise provided for in this Lease and subject to Tenant’s obligation to remove any Specialty Alteration, Hazardous Materials and other items pursuant to the terms hereof) and shall remove all Tenant’s Property therefrom. A. Tenant acknowledges that possession of the Demised Premises must be surrendered to Landlord at the expiration or sooner termination of the Term hereof. The parties recognize and agree that the damages to Landlord resulting from any failure by Tenant timely to surrender possession of the Demised Premises as aforesaid will be substantial and may be impossible accurately to measure. Tenant desires to limit and liquidate said amounts and therefore agrees that if possession of the Demised Premises is not surrendered to Landlord upon the expiration or sooner termination of the Term of this Lease, then notwithstanding anything to the contrary contained in this Lease, Tenant shall pay to Landlord for each month and for each portion of any insurance proceeds received by month during which Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain holds over in the Leased Property Demised Premises after the Expiration expiration or sooner termination of the Term hereof, for use and occupancy, the aggregate sum of (i) the greater of (A) 150% for the first sixty (60) days of such holding over, 175% for the next sixty (60) days and 200% thereafter, of the amount of the installment of the annual Fixed Rent that was payable under this Lease for the last month of the Term hereof and (B) the fair market rental value of the Demised Premises as of the date of such holdover, plus (ii) one-twelfth (1/12) of all items of Recurring Additional Rent which would have been payable monthly pursuant to this Lease had its Term not expired or been terminated (it being agreed that for the purposes of this Section 22.02A, if all or part of such holdover occurs after the Scheduled PILOT Conversion Date, references to PILOT in Section 4.02 hereof shall be deemed to mean Full Taxes for the period after the Scheduled PILOT Conversion Date), plus (iii) those other items of Additional Rent which would have been payable pursuant to this Lease had its Term not expired or after an earlier termination datebeen terminated which aggregate sum Tenant agrees to pay to Landlord on demand, mayin full without setoff, at the option and no extension or renewal of Landlord, this Lease shall be deemed to have been abandonedoccurred by such holding over, nor shall Landlord be precluded by accepting such aggregate sum for use and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation occupancy from exercising all rights and remedies available to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in it to obtain possession of the Leased Demised Premises. B. The acceptance by Landlord of any such use and occupancy payment by Tenant pursuant to this subsection shall in no event preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the provisions of this Section shall be deemed be an “agreement expressly providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor or similar law of like import. Nothing contained in this Section shall (i) imply any right of Tenant to remain in the Premises after the termination of this Lease Expiration Date without the execution of a new lease, the parties recognize and agree (ii) imply any obligation of Landlord to grant a new lease or (iii) be construed to limit any right or remedy that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property has against Tenant as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding holdover tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of trespasser. C. Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant ’s obligation under this Article shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after survive the expiration or sooner other termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Legg Mason Inc)

Surrender of Premises. 22.0136.01. Upon expiration or other termination of the Term of this Lease, Tenant shall quit and surrender to Landlord the Demised Premises vacant, broom clean, in good order and condition, normal wear and tear excepted, and Tenant shall remove all its property therefrom, except as otherwise provided in this Lease. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease falls on a Sunday, this Lease shall expire at noon on the preceding Saturday, unless it be a legal holiday, in which case it shall expire at noon on the previous business day. 36.02. Tenant acknowledges that possession of the Demised Premises must be surrendered to Landlord at the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination Term of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new leaseagrees to indemnify and save Landlord harmless against all costs, the parties recognize and agree that the damage to Landlord will be substantialclaims, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased PropertyDemised Premises, including (a) including, without limitation, any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon on such delay, (b) . The parties recognize and agree that the damage to Landlord resulting from any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor failure by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in timely surrender possession of the Leased Property Demised Premises as aforesaid will be extremely substantial, will exceed the amount of the Base Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Demised Premises is not surrendered to Landlord within 24 hours after the date of the expiration or sooner termination of the Term of this Lease, then Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or sooner termination of the Term of this Lease, a sum equal to two (2) times the aggregate of that portion of the Base Rent and Additional Rent which was payable under this Lease during the last month of the term hereof. Nothing contained herein shall be deemed to permit Tenant to retain possession of the Demised Premises after expiration of the Term of this Lease and the provisions of this Article shall survive the expiration or sooner termination of the Term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Greenstone Roberts Advertising Inc)

Surrender of Premises. 22.01. Upon A. On the expiration last day of the term of this Lease, or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good condition and repair, wear and tear, and damage from fire or other casualty for which insurance is normally procured excepted. On or before the last day of this the term of the Lease or upon re-entry by Landlord upon the Leased Propertysooner termination thereof, Tenant shall at Tenant's its expense quit and surrender remove all of its equipment from the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandonedpremises, and in such case such items may be retained by Landlord as its any property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, not removed shall be deemed to abandoned. All alterations, additions and fixtures, other than Tenant's equipment, which have been made or installed by either Lessor or Tenant upon the lease premises shall remain as Lessor's property and shall be occupying surrendered with the Leased Property leased premises as a tenant from month to month, part thereof. If the leased premises be not surrendered at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month end of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Furtherterm or sooner termination thereof, Tenant hereby indemnifies Landlord shall indemnify Lessor against loss or liability resulting from delay by Tenant in so surrendering the Leased Propertypremises, including (a) any including, without limitation, claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant Tenant founded upon on such delay, (b) . Tenant shall promptly surrender all keys for the leased premises to Lessor at the place then fixed for the payment of rent and shall inform Lessor of combinations on any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of locks and safes on the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as leased premises. B. In the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit event Tenant to remain remains in possession of the Leased Property premises herein leased after the expiration or sooner termination of the term of this Lease. 22.04. No agreement Lease and without the execution of a new lease, the Tenant shall be deemed to accept be occupying said premises as a surrender Tenant from month to month, subject to all the conditions, provisions and obligations of all or any part this lease insofar as the same can be applicable to a month-to-month tenancy, but the monthly rental set forth on page one of the Leased Property or this Lease shall be valid unless in writing and signed increased by Landlord. No delivery a sum equal to One Hundred Fifty Percent (150%) of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Leasesaid monthly rental.

Appears in 1 contract

Sources: Sub Lease Agreement (Global Maintech Corp)

Surrender of Premises. 22.01. Upon At the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Propertytenancy hereby created, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver Premises in the same to Landlord condition as the Leased Premises were in good orderupon delivery of possession thereto under this lease, condition and repair, ordinary reasonable wear and tear excepted, and damage by fire or other casualty exceptedshall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent, and shall inform Landlord of all combinations on locks, safes, and vaults, if any, in the Leased Premises. Tenant shall pay to Landlord remove all its trade fixtures, equipment, furniture and inventory before surrendering the premises as aforesaid, and shall repair any insurance proceeds received by Tenant attributable to damage to the Leased Property Premises caused thereby. As soon as is reasonably practical after the receipt of notice by Tenant that the obligations set forth herein have been completed, Landlord shall examine the premises for compliance. Landlord shall provide prior notice to Tenant of its intention to inspect the premises and shall reasonably cooperate with Tenant to allow Tenant or Tenant's representative to be present during any such inspection. In the event the Tenant has not satisfactorily complied with its obligation in the opinion of Landlord, Landlord may, at its election, perform the obligations set forth herein and deduct One Hundred Twenty (120%) percent of the costs thereof from any security deposit held by Landlord. After Tenant's vacation and proper compliance with Tenant's obligations set forth herein to the extent such proceeds have not been used Landlord's satisfaction, Landlord shall return to restore such items Tenant the amount of the security deposit still outstanding less any amounts withdrawn by Landlord in accordance with the other terms of this Lease. 22.02lease. Any items which In the event that said security deposit shall remain in prove to be insufficient to satisfy the Leased Property after withdrawals from said security deposit as herein provided, the Expiration DateTenant shall, or after an earlier termination date, may, at the option within thirty (30) days of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of written demand therefore by Landlord, without accountability, in reimburse to Landlord the amount necessary to reimburse such manner as Landlord shall determine at Tenant's expensedeficiency. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner other termination of the term of this Leaselease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease (Americasbank Corp)

Surrender of Premises. 22.01. Upon the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and peaceably surrender the Leased Property Premises (including all Alterations which Tenant is not required to remove pursuant to this Lease) to Landlord, broom clean and deliver in as good order and condition as of the same to Landlord in good order, condition and repairCommencement Date, ordinary wear and tear and damage by fire or other from casualty excepted. Upon such surrender, the Premises shall be free and clear of all of Tenant’s equipment, furniture, fixtures, and Alterations which Tenant shall pay is required to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with remove under this Lease. 22.02, and any other personal property located in the Premises. Any items which shall remain in property left on the Leased Property after Premises at the Expiration Dateexpiration or other termination of this Lease, or after an earlier termination datethe happening of any of the defaults specified in Article 19, may, at the option of Landlord, either be deemed to have been abandonedabandoned or be placed in storage, in the name of, and in such case such items may be retained by Landlord as its property for the account of, and at the sole risk, cost, and expense of, Tenant, or otherwise disposed of by Landlord, without accountability, Landlord in such the manner as provided by law. Tenant expressly releases Landlord shall determine at Tenant's expense. Tenant's obligation of and from any and all claims and liability for damage to reimburse Landlord for its costs so incurred shall survive or destruction or loss of property left by Tenant upon the Premises upon the expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the other termination of this Lease without and Tenant hereby indemnifies Landlord against any and all claims and liability with respect thereto. In addition, prior to surrendering the execution of a new leasePremises, the parties recognize and agree that the damage Tenant shall pay to Landlord will be substantial, will exceed any and all unpaid Rent which shall have accrued and any other sums which Tenant shall owe to Landlord under this Lease. Failure on the amount part of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible Tenant to measure accurately. Tenant, therefore, at strictly comply with the option provisions of Landlord, this Article 23.1 shall not be deemed to be occupying a valid surrender of the Leased Property as a tenant from month to monthPremises. If, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Lease Term, subject to Tenant shall have removed all or substantially all of Tenant’s personal property from the other terms of this Lease insofar as Premises, Landlord shall have the right to enter the Premises to alter, renovate and decorate the same are applicable to a month-to-month tenancy. Further, without Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make being entitled to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part abatement of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this LeaseRent. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Rentech Inc /Co/)

Surrender of Premises. 22.01All improvements to the Premises (collectively, “Leasehold Improvements“) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. Upon At the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTenant’s right of possession, Tenant shall at remove Tenant's expense ’s Removable Property (defined below) from the Premises, and quit and surrender the Leased Property Premises to Landlord, broom clean, and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. As used herein, the term “Tenant’s Removable Property“ shall mean: (A) any Leasehold Improvements that are installed by or for the benefit of Tenant shall pay to and which are specifically designated by Landlord any insurance proceeds received by and Tenant attributable to damage for removal in writing at or prior to the Leased time of installation (“Special Installations“); and (B) Tenant’s personal property. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord has designated to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property Premises) within 5 Business Days after the termination of this Lease without the execution or of a new leaseTenant’s right to possession, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeLandlord, at the option of LandlordTenant’s sole cost and expense, shall be deemed entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be occupying responsible for the Leased Property as a tenant from month to monthvalue, at a monthly rental equal to two preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and one-half times storage charges incurred for Tenant’s Removable Property. To the Fixed Rent and Additional Rent payable during the last month fullest extent permitted by applicable Law, any unused portion of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord Tenant’s Security Deposit may be required applied to make offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of remove Tenant’s Removable Property from the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasestorage, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or leasewithin 30 days after written notice, as the case Landlord may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Leased Premises, Tenant’s Removable Property or shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 Business Days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and the OE Payment on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be valid unless in writing and signed removed by LandlordTenant on or before such earlier date of termination. No delivery Tenant shall repair damage caused by the installation or removal of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this LeaseTenant’s Removable Property.

Appears in 1 contract

Sources: Office Lease (Key Energy Services Inc)

Surrender of Premises. 22.0132.1. Upon expiration of the expiration term or sooner within ten (10) days after termination of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises and all Tenant's improvements and alterations in good condition, order, condition and repair, except for: (i) ordinary wear and tear occurring after the last necessary maintenance made by Tenant; (ii) destruction to the Premises covered by the Article titled "Destruction;" or (iii) alterations that Tenant has the right to remove or is obligated to remove under the provisions of the Article titled "Alterations." Tenant shall remove all debris, rubbish, furniture, equipment, business and damage trade fixtures, free standing cabinet work, shelving, movable partitions, and other articles of personal property owned by fire Tenant or other casualty exceptedinstalled or placed by Tenant at its expense in the Premises, and perform all restoration made necessary by such removal, prior to surrendering the Premises to Landlord. Failing such, Landlord may so repair the Premises and charge Tenant for same, or withhold such sums from any balance of the Security Deposit which may at the time remain. Tenant shall pay surrender all keys to the Premises to Property Manager or to Landlord at the 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 combinations on locks, safes and vaults, if any, in the Premises or on the Project. 32.2. Landlord can elect to retain or dispose of (in any insurance proceeds received manner) any alterations or Tenant's personal property that Tenant does not remove from the Premises on expiration or termination of the Lease by giving at least ten (10) days' notice to Tenant. Title to any such alterations or Tenants' personal property that Landlord elects to retain or dispose of after expiration of the ten (10) day period shall vest in Landlord. Tenant attributable to waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations or Tenant's personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, removing, and disposing of any alterations or Tenant's personal property. Landlord may store Tenant's personal property in a public warehouse or elsewhere for the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, account and at the option expense and risk of LandlordTenant. If Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, be deemed to have been abandoned, and in Landlord may sell any or all of such case such items may be retained by Landlord as its property at public or disposed of by Landlord, without accountabilityprivate sale, in such manner and at such times and places as Landlord, in its sole discretion, may deem proper, without notice to or demand upon Tenant. Landlord shall determine at Tenantapply the proceeds of such sale as follows: 32.2.1. First, to the costs and expenses of such sale, including Landlord's expenseattorneys' fees; 32.2.2. Tenant's obligation Second, to reimburse the payment of the expense of or charges for removal and storing any such property; 32.2.3. Third, to the payment of any other sum of money which may then or thereafter be due to Landlord for its costs so incurred shall survive expiration or termination from Tenant under any of the terms of this Lease; and 32.2.4. Fourth, the balance, if any, to Tenant. 22.0332.3. If Tenant remains in possession fails to surrender the Premises to Landlord upon expiration or ten (10) days after termination of the Leased Property after Lease as required by this Article, Tenant shall hold Landlord harmless from all damages resulting therefrom, including, without limitation, claims made by a succeeding Tenant resulting from Tenant's failure to surrender the termination Premises. 32.4. The voluntary or other surrender by Tenant or a mutual cancellation of this Lease without the execution of shall not work a new leasemerger, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeshall, at the option election of Landlord, either terminate all or any existing subleases or subtenancies or may operate as an assignment to it of any or all of such subleases or subtenancies. Landlord shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last exercise its election within one (1) month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in event so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leaserequiring. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Net Industrial Lease (National Manufacturing Technologies)

Surrender of Premises. 22.01Section 25.01. Upon expiration or other termination of the Term of this Lease, Tenant shall (i) quit and surrender to Landlord the Demised Premises vacant, broom clean, in good order and condition, normal wear and tear excepted, and (ii) remove all its property therefrom, except as otherwise expressly provided in this Lease. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease falls on a Sunday, this Lease shall expire at noon on the preceding Saturday, unless it be a legal holiday, in which case it shall expire at noon on the previous business day. Section 25.02. Tenant acknowledges that possession of the Demised Premises must be surrendered to Landlord at the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination Term of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new leaseagrees to indemnify and save Landlord harmless against all costs, the parties recognize and agree that the damage to Landlord will be substantialclaims, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased PropertyDemised Premises, including (a) including, without limitation, any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon on such delay, (b) . The parties recognize and agree that the damage to Landlord resulting from any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor failure by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in timely surrender possession of the Leased Property Demised Premises as aforesaid will be extremely substantial, will exceed the amount of the Base Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Demised Premises is not surrendered to Landlord within 24 hours after the date of the expiration or sooner termination of the Term of this Lease, then Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or sooner termination of the Term of this Lease, a sum equal to one and a half (1.5) times the aggregate of that portion of the Base Rent and Additional Rent which was payable under this Lease during the last month of the term hereof. Tenant further agrees and acknowledges that Landlord’s acceptance of any such payment shall not create any tenancy, whether a tenancy from month to month or otherwise. Nothing contained herein shall be deemed to permit Tenant to retain possession of the Demised Premises after expiration of the Term of this Lease and the provisions of this Article shall survive the expiration or sooner termination of the Term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease (Yunhong CTI Ltd.)

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty excepted. for which Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to is not responsible under the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination terms of this Lease without excepted, and Tenant shall remove all of its property pursuant to Article 3 hereof. Tenant’s obligation to observe or perform this covenant shall survive the execution expiration or sooner termination of a new leasethe 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. 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedy Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half three (3) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Intralinks Inc)

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after At the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept , Tenant shall surrender the Premises (including the Equipment) in as good a surrender of all or any part condition as exists as of the Leased Property or this Lease date hereof (reasonable wear and tear excepted, and subject to Sections 13 and 14), and shall be valid unless in writing surrender all keys for the Premises to Landlord and signed otherwise provide such information as is reasonably necessary to effectuate an efficient transition of the operation of the Premises. Tenant shall at such time remove all Tenant’s Property, if requested to do so by Landlord, and shall repair any damage to the Premises caused thereby, and any or all of such property not so removed shall, at Landlord’s option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant’s cost and expense, without further notice to or demand upon Tenant. No delivery of keys If Tenant shall operate as a fail to vacate and surrender the Premises upon the expiration or earlier termination of this Lease as required above, then, throughout the period commencing on such expiration or earlier termination and continuing until Tenant shall so fully vacate and surrender the Premises (such period being herein called the “Holdover Period”), Tenant shall be deemed a holdover tenant and shall be liable to Landlord for Rent, or a surrender charge in respect of use and occupancy, at a per diem rate, for each day of the Leased Property Holdover Period, equal to (1) during the first 60 days of any such holdover, 150% of the average per diem rate of Base Rent and any additional rent payable by Tenant during the last month of the term hereof, and (2) for the balance of such holdover, 150% of the greater of (x) the average per diem rate of Base Rent and any additional rent payable by Tenant during the last month of the term hereof, and (y) the per diem fair market rental value of the Premises at the time in question. In addition to the foregoing, if the Premises are not surrendered as and when described above, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay, provided that Landlord shall have notified Tenant in writing that the Premises have been leased to another person or entity and Tenant fails to vacate the Premises within thirty (30) days of receipt of such notice. Nothing herein shall be deemed to grant Tenant any right to holdover, and in no event shall the acceptance of any Rent preclude Landlord from commencing and prosecuting any holdover or eviction proceeding. The provisions of this Section 22 shall survive the expiration or sooner termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Credence Systems Corp)

Surrender of Premises. 22.01. Upon At the expiration or sooner earlier termination of the tenancy hereby created, Lessee shall peaceably surrender the Premises and any Family Recreational Permits or keys provided by Lessor. Any improvements or other property of Lessee remaining on the Premises thirty (30) days after the expiration or earlier termination of this Lease or upon re-entry shall be deemed abandoned by Landlord upon the Leased Property▇▇▇▇▇▇, Tenant and Lessor may (but shall at Tenant's expense quit and surrender the Leased Property and deliver have no obligation to) claim the same and shall in no circumstances have any liability to Landlord in good orderLessee therefore. Lessee shall reimburse Lessor all of Lessor’s actual costs associated with packing, condition removing, storing, selling or otherwise disposing of any such property, and repair, ordinary wear Lessee shall remain responsible for and tear and damage by fire or other casualty excepted. Tenant shall pay before delinquency, all municipal, county, or state taxes assessed against such property until such time as Lessor sells or otherwise disposes of such property. In consideration of ▇▇▇▇▇▇’s right to Landlord use the Premises, Lessee hereby gives, transfers, and assigns to Lessor all of Lessee’s right, title, and interest in any insurance proceeds received by Tenant attributable property of any kind whatsoever which is left on the Premises after termination or expiration of this Lease and after the period Lessee is provided for removing all such items as hereinbefore set forth. Lessee further in consideration of the same waives and relinquishes any and all claims existing or which might hereafter arise related to damage ▇▇▇▇▇▇’s acts or omissions in dealing with any such property left on the Premises, including but not limited to any claims of negligence, conversion, or any other claims related to the Leased Property to same. If the extent such proceeds have Premises are not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, surrendered at the option end of Landlordthe term as hereinabove set out, be deemed to have been abandoned, and ▇▇▇▇▇▇ shall indemnify Lessor against loss or liability resulting from delay by ▇▇▇▇▇▇ in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expenseso surrendering the Premises. Tenant's ▇▇▇▇▇▇’s obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or earlier termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement

Surrender of Premises. 22.01. Upon Any alterations, improvements or additions to the Leased Premises made by or at the request of Tenant shall remain upon the Leased Premises at the expiration or sooner earlier termination of this Lease and shall become the property of Landlord unless Landlord shall, prior to the expiration or upon re-entry earlier termination of this Lease, give written notice to Tenant to remove such alterations, improvements and additions. Tenant shall repair any damage caused by Landlord upon the installation and/or removal (including, without limitation, repairing and patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver Premises to substantially the same condition in which it existed prior to Landlord in good orderthe time that any such alterations, condition and repairimprovements or additions were made, ordinary reasonable wear and tear and damage by fire or other casualty excepted. Should Tenant fail to remove any such alterations, improvements or additions or to repair such damage wh6n required or requested by Landlord so to do pursuant to this Section 17, Landlord may do so, and the cost and expense thereof shall pay be paid by Tenant to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02as Additional Rent. Any items personal property which shall remain in the Leased Property Premises or any part thereof after the Expiration Date, expiration or after an earlier termination date, may, at the option of Landlord, this Lease shall be deemed to have been abandoned, abandoned and in such case such items either may be retained by Landlord as its Landlord's property or may be disposed of by Landlord, without accountability, in such manner as Landlord shall determine may see fit, provided that notwithstanding the foregoing Tenant shall, upon request of Landlord made no later then ten (10) days after the expiration or earlier termination of this Lease, promptly remove from the Building any such personal property at Tenant's own cost and expense. TenantShould Tenant fail so to do, Landlord may do so, and the cost and expense thereof shall be paid by Tenant to Landlord as Additional Rent. If such personal property or any part thereof shall be sold by Landlord, Landlord may receive and retain the proceeds of such sale(s) as Landlord's obligation to reimburse Landlord for its costs so incurred property. The covenants contained in this Section 17 shall survive the expiration or earlier termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Worldgate Communications Inc)

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after the termination of Term or any renewal thereof falls on Saturday or Sunday this Lease without shall expire on the execution of a new leasebusiness day immediately preceding. 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition, to any other rights or remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half (2) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises without Landlord's consent, which may be withheld in Landlord's sole discretion, after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Assignment and Amendment of Lease (Talkpoint Communications Inc)

Surrender of Premises. 22.01All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. Upon At the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTenant’s right of possession, Tenant shall at remove Tenant's expense ’s Removable Property (defined below) from the Premises, and quit and surrender the Leased Property Premises to Landlord, broom clean, and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and damage by fire or other casualty exceptedrepair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”); and (B) Tenant’s personal property. Tenant shall pay not be required to Landlord remove any insurance proceeds received Cable installed by or for the benefit of Tenant attributable to damage to and located in the Leased Property to Premises or other portions of the extent such proceeds have not been used to restore such items Building so long as Tenant’s Cable is properly labeled or tagged in accordance with this Lease. 22.02applicable ordinances. Any items Landlord shall, within 10 Business Days after its receipt of a written request therefor from Tenant, notify Tenant in writing whether any Leasehold Improvements to be constructed in the Premises constitute Special Installations. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which shall Landlord has designated to remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property Premises) within 2 days after the termination of this Lease without the execution or of a new leaseTenant’s right to possession, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeLandlord, at the option of LandlordTenant’s sole cost and expense, shall be deemed entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be occupying responsible for the Leased Property as a tenant from month to monthvalue, at a monthly rental equal to two preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and one-half times storage charges incurred for Tenant’s Removable Property. To the Fixed Rent and Additional Rent payable during the last month fullest extent permitted by applicable Law, any unused portion of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord Tenant’s Security Deposit may be required applied to make offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of remove Tenant’s Removable Property from the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasestorage, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or leasewithin 30 days after written notice, as the case Landlord may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of deem all or any part of Tenant’s Removable Property to be abandoned, and title to Tenant’s Removable Property (except with respect to any Hazardous Material [defined in Article 30]) shall be deemed to be immediately vested in Landlord. Except for Special Installations designated by Landlord to remain in the Leased Premises, Tenant’s Removable Property or shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and the OE Payment on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises) shall be valid unless in writing and signed removed by LandlordTenant on or before such earlier date of termination. No delivery Tenant shall repair damage caused by the installation or removal of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this LeaseTenant’s Removable Property.

Appears in 1 contract

Sources: Office Lease (Wells Mid-Horizon Value-Added Fund I LLC)

Surrender of Premises. 22.01. Upon the expiration (a) The voluntary or sooner termination other surrender of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received Sublease by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration DateLandlord, or after an earlier a mutual termination datethereof, mayshall not work a merger, and shall at the option of Landlord, be deemed operate as an assignment to have been abandoned, and in such case such items may be retained by Landlord as its property it of any or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration all Subleases or termination of this Leasesubtenancies affecting the Premises. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after Upon the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all Sublease, or upon any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a earlier termination of this Lease or a Sublease, Tenant shall quit and surrender possession of the Leased Property Premises to Landlord in good order and condition, reasonable wear and tear, damage by fire or other casualty, condemnation and repairs or other work for which Landlord is obligated hereunder excepted, and shall, without expense to 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 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 such removal. (c) Any property of Tenant not removed by Tenant upon the expiration of the term of this LeaseSublease (or within seventy-two (72) hours after a termination or re-entry by Landlord pursuant to Section 21 hereof) shall be considered abandoned. Landlord shall give Tenant notice of its right to reclaim abandoned property pursuant to California Civil Code Sections 1980, et seq., and may, thereafter, remove any or all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. Tenant hereby grants to Landlord a security interest in said abandoned property, in the event it is not reclaimed within the statutory period. If Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may sell any or all of such property at public or private sale, in such manner and at such time and places as Landlord, in its sole discretion, may deem proper without notice to or demand upon Tenant, and shall apply the proceeds of such sale: first, to the costs and expenses of such sale, including reasonable attorneys’ fees actually incurred; second, to the payment of the costs for the removal and storing of 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.

Appears in 1 contract

Sources: Sublease Agreement (Imarx Therapeutics Inc)

Surrender of Premises. 22.01Tenant shall, at the end of the Lease Term, or any extension thereof, promptly surrender the Premises in good order and condition, and in conformity with the applicable provisions of this Lease, excepting only reasonable wear and tear. Upon the expiration or sooner earlier termination of this Lease or upon re-entry by Lease, and prior to Tenant vacating the Premises, Landlord upon the Leased Property, and Tenant shall at Tenant's expense quit jointly inspect the Premises and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained amount reasonably estimated by Landlord as necessary to put the Premises in the condition required hereunder. Any work required to be done by Tenant prior to its property or disposed vacating of the Premises which has not been completed upon such vacating of the Premises, shall be completed by Landlord, without accountability, in such manner as Landlord and billed to Tenant. Any Security Deposit held by Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of be credited against the amount payable by Tenant under this Lease. 22.03Section. If Tenant remains in possession abandons or surrenders the Premises, or is dispossessed by process of law or otherwise, Tenant shall remove its Personal Property from the Leased Property after the termination of this Lease without the execution of a new leasePremises. If Tenant fails to remove its Personal Property, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeLandlord, at the its option of Landlord, shall be deemed to be occupying the Leased Property may treat such failure as a tenant from month hold over, and/or may (without liability to monthTenant for loss thereof), at a monthly rental equal Tenant’s sole cost and expense and in addition to two Landlord’s other rights and one-half times the Fixed Rent and Additional Rent payable during the last month of the Termremedies under this Lease, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant at law or in so surrendering the Leased Property, including equity: (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon remove and store such delay, items; and/or (b) upon ten (10) days prior written notice to Tenant, sell such items at private or public sale for such price as Landlord at its discretion may obtain. Landlord shall apply the proceeds of any payment or rent concession which Landlord may be required to make such sale to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order amounts due to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or Landlord under this Lease shall from Tenant (including Landlord’s attorneys fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Leasepaid to Tenant.

Appears in 1 contract

Sources: Sublease (Solid Biosciences Inc.)

Surrender of Premises. 22.01. Upon the expiration or sooner earlier termination of the Term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense peaceably quit and surrender the Leased Property and deliver the same to Landlord the Premises in neat and clean condition and in good order, condition and repair, together with all alterations, additions and improvements which may have been made or installed in, on or to the Premises prior to or during the Term of this Lease, excepting only ordinary wear and tear use and damage by fire or other casualty exceptedand other repairs for which, under other provisions of this Lease, Tenant has no responsibility of repair and restoration. Tenant shall pay remove all of Tenant’s Removable Property and, to the extent specified by Landlord any insurance proceeds received at the time Landlord consents to such installation, all alterations and additions made by Tenant attributable to and all partitions wholly within the Premises; and shall repair any damage to the Leased Property to Premises or the extent Building caused by such proceeds have not been used to restore such items in accordance with this Lease. 22.02removal. Any items Tenant’s Removable Property which shall remain in the Leased Property Building or on the Premises after the Expiration Date, expiration or after an earlier termination date, may, at of the option Term of Landlord, this Lease shall be deemed conclusively to have been abandoned, and in such case such items either may be retained by Landlord as its property or may be disposed of by Landlord, without accountability, in such manner as Landlord shall determine may see fit, at Tenant's ’s sole cost and expense. Tenant's obligation to reimburse Landlord for , at its costs so incurred sole risk, cost and expense, shall survive remove any telephone/data/internet wiring and cables installed by Tenant in the Premises at such time that Tenant moves out of the Premises or upon the expiration or earlier termination of this Lease. 22.03. If Tenant remains , unless any such wiring and cables are installed in possession of connection with the Leased Property after the termination of this Lease without the execution of approved build out and are a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option component of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease’s Work. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Bladelogic Inc)

Surrender of Premises. 22.01Section 1. Upon expiration of the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant Lessee shall at Tenant's expense quit and surrender the Leased Property Premises, in broom clean and deliver the same to Landlord in good order, condition and repairrepair (depreciation and normal wear and tear excepted). Lessee shall, upon or before the end of the Term, at Lessee's cost, remove from the Leased Premises all its property, including by way of illustration the furniture, fixtures, equipment and trade fixtures, and all property not so removed shall be deemed abandoned by Lessee. If Lessee fails to remove all its property, Lessee shall pay to Lessor the cost of removing Lessee's property, which covenant shall survive the expiration and/or termination of this Lease. In addition to the removal of Lessee's property. Lessor may, at Lessor's sole discretion, require the Lessee, at Lessee's expense, to remove any alternations or improvements to the Leased Premises made by the Lessee and restore the Leased Premises to its original condition (ordinary wear and tear and damage by fire or other casualty exceptedaccepted) at the commencement of the Lease. Tenant If Lessee shall pay fail to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent remove such proceeds have not been used to restore such items alterations in accordance with the foregoing provision, Lessor shall have the right to remove such alterations and bring an action against Lessee to recover the cost of such removal, which right shall survive the expiration and/or termination of this Lease. 22.02Section 2. Any items which It is understood that all movable furniture, fixtures, equipment and all trade fixtures of every kind, character and description, placed in or upon the Leased Premises or owned by Lessee shall remain in the property of Lessee, and may be removed by Lessee at any time; provided that Lessee shall repair any damage to the Building, at Lessee's cost, resulting from the removal of any property of the Lessee. The right of Lessor to recover from Lessee the cost of repairing any damages to the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option Premises resulting from Lessee's removal of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its Lessee's property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive the expiration and or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Net Lease (Source Interlink Companies Inc)

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Sublease, Subtenant shall quit and surrender the Premises to Sublandlord, in the manner and condition prescribed therefor in the Master Lease. 22.04, and Subtenant shall not hold-over in possession, or make any application to so hold-over, for any reason whatsoever. No agreement to accept a surrender of all or any part If the Premises are not surrendered and vacated as and at the time required by this Sublease (time being of the Leased Property or this Lease essence), Subtenant shall be valid unless liable to Sublandlord for (a) all losses and damages which Sublandlord may incur or sustain by reason thereof, including, without limitation, reasonable attorneys’ fees and any direct, consequential or punitive damages for which Sublandlord may be liable, and Subtenant shall indemnify Sublandlord against all claims made by any succeeding subtenants or by Master Landlord against Sublandlord or otherwise arising out of or resulting from the failure of Subtenant timely to surrender and vacate the Premises in writing accordance with the provisions of this Sublease, and signed (b) per diem use and occupancy in respect of the Premises equal to two times the Fixed Rent and Additional Rent payable hereunder for the last month of the term of this Sublease (which amount Sublandlord and Subtenant presently agree is the minimum to which Sublandlord would be entitled and is presently contemplated by Landlordthem as being fair and reasonable under such circumstances and not a penalty). No delivery In no event shall any provision hereof or otherwise be construed as permitting Subtenant to hold over in possession of keys shall operate as a the Premises after expiration or termination of this Lease the term hereof, and no acceptance by Sublandlord of payments from Subtenant after the Expiration Date or a surrender sooner termination of the Leased Property Term shall be deemed to be other than on account of the amount to be paid by Subtenant in accordance with the provisions of this Article 22. All of Subtenant’s obligations under this Article shall survive the expiration or earlier termination of the Term of this LeaseSublease.

Appears in 1 contract

Sources: Sublease Agreement (PRN Corp)

Surrender of Premises. 22.0122.01 Upon the expiration or other termination of the Term, Tenant shall, at Tenant’s sole cost and expense, quit, surrender, vacate and deliver the Demised Premises to Landlord broom clean and in good order, condition and repair except for ordinary wear, tear and damage by fire or other casualty and condemnation, together with all Tenant Changes (except as otherwise provided for in this Lease and subject to Tenant’s obligation to remove any Specialty Alteration, Hazardous Materials and other items pursuant to the terms hereof) and shall remove all Tenant’s Property therefrom. Upon Tenant’s obligations pursuant to Section 22.01 shall apply to all space (herein, each “Early Expiration Space”) (a) as to which Landlord has exercised its right to cancel this Lease with respect to Recapture Space as provided in Section 8.04B hereof and (b) [***], that constituted Returned Space, in each case, at the expiration or earlier termination of this Lease with respect to any such Early Expiration Space (as applicable, the “Early Expiration Date”). If Tenant fails timely to surrender to Landlord any Early Expiration Space, then the provisions of Section 22.02 shall apply with respect to the Early Expiration Space (with the Holdover Amount for use and occupancy payable with respect thereto being based upon the allocable portion of the Rent payable for such Early Expiration Space and references therein to (i) the “Demised Premises” being deemed to be the applicable Early Expiration Space and (ii) the Expiration Date or earlier termination of this Lease (or terms of similar import) shall mean the Early Expiration Date). A. Tenant acknowledges that possession of the Demised Premises (and Tenant’s Roof Top Space) must be surrendered to Landlord at the expiration or sooner termination of the Term hereof. The parties recognize and agree that the damages to Landlord resulting from any failure by Tenant timely to surrender possession of the Demised Premises (and Tenant’s Roof Top Space) as aforesaid will be substantial and may be impossible accurately to measure. Tenant therefore agrees that if possession of the Demised Premises (and Tenant’s Roof Top Space) is not surrendered to Landlord upon the expiration or sooner termination of the Term of this Lease, then notwithstanding anything to the contrary contained in this Lease, Tenant shall pay to Landlord for each month and for each portion of any month (in which event, for the avoidance of doubt, the Holdover Amount shall be payable for the entire month), during which Tenant holds over in the Demised Premises after the expiration or sooner termination of the Term, for use and occupancy, the aggregate sum (collectively, the “Holdover Amount”) of (i) 150% for the first sixty (60) days of such holding over, 175% for the next sixty (60) days and 200% thereafter, of the amount of the installment of the annual Fixed Rent that was payable under this Lease for the last month of the Term, plus (ii) one-twelfth (1/12) of all items of Recurring Additional Rent which would have been payable monthly pursuant to this Lease had its Term not expired or been terminated (it being agreed that for the purposes of this Section 22.02A, if all or part of such holdover occurs after the Scheduled PILOT Conversion Date, references to PILOT in Section 4.02 hereof shall be deemed to mean Full Taxes for the period after the Scheduled PILOT Conversion Date), plus (iii) those other items of Additional Rent which would have been payable pursuant to this Lease had its Term not expired or been terminated which aggregate sum Tenant agrees to pay to Landlord on demand, in full without setoff, and no extension or renewal of this Lease shall be deemed to have occurred by such holding over, nor shall Landlord be precluded by accepting such aggregate sum for use and occupancy from exercising all rights and remedies available to it to obtain possession of the Demised Premises. In addition to paying the Holdover Amount, Tenant shall comply with all other applicable terms and conditions of this Lease required to be performed by Tenant during any such holdover as if the expiration or sooner termination of this Lease had not occurred; provided that Landlord shall not be required to perform any work, furnish any materials or upon re-entry make any repairs within the Premises (or applicable portion thereof) during the holdover period. B. The acceptance by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord of any insurance proceeds received Holdover Amount by Tenant attributable pursuant to damage this subsection shall in no event preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the provisions of this Section shall be deemed be an “agreement expressly providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor or similar law of like import. Nothing contained in this Section shall (i) imply any right of Tenant to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property Premises after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease Date without the execution of a new lease, the parties recognize and agree (ii) imply any obligation of Landlord to grant a new lease or (iii) be construed to limit any right or remedy that the damage to Landlord will be substantial, will exceed the amount has against Tenant as a holdover tenant or trespasser. Landlord waives no rights against Tenant by reason of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. accepting any holding over by Tenant, therefore, at nor shall Landlord be precluded by accepting the option of Landlord, shall be deemed Holdover Amount for use and occupancy from exercising all rights and remedies available to be occupying the Leased Property as a tenant from month it to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part obtain possession of the Premises in order to induce such purchaser (or tenant not to terminate its purchase agreement or lease, applicable portion thereof) as the case may be, or its negotiation therefor provided by reason of Tenant's delay in so surrendering the Leased Property and (c) law at any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property time after the expiration or sooner earlier termination of the term of this Lease therefor and, subject to the provisions of Section 22.02C hereof, any right to damages in the event that Tenant’s holding over causes Landlord to suffer any loss. C. Without limiting any other provisions of this Section 22.02, Tenant shall, subject to the provisions of this Section 22.02C, indemnify, defend and hold Landlord and each other Landlord Party harmless from and against any cost, claim, loss, liability, damage or expense (including reasonable attorneys’ fees and disbursements) incurred by Landlord and such other Landlord Party as a result of delay by Tenant in surrendering the entire Demised Premises (or applicable Early Expiration Space) after the expiration or earlier termination of the term of this Lease therefor in the condition required hereunder, including any claims made by any succeeding tenant founded on such delay or any lost profits, losses, costs, expenses or liability payable to such tenant as a result thereof and any other consequential damages incurred by Landlord. Notwithstanding the foregoing or anything to the contrary contained in this Lease, provided that Tenant does not hold over in the Demised Premises or any portion thereof for more than sixty (60) days, Landlord hereby waives the right to proceed against Tenant for any claims made by any succeeding tenant and for any lost profits or any other consequential damages relating to or arising from any such holdover by Tenant; it being the intent that if Tenant holds over for more than sixty (60) days, Tenant shall be liable for any claims made by any succeeding tenant and any lost profits and any other consequential damages from the commencement of such holdover. D. Tenant acknowledges and agrees that the remedies of Landlord set forth in this Section 22.02 do not constitute a penalty but constitute a fair and reasonable estimate of the damages that Landlord will incur as a result of a holding over by Tenant. Tenant’s acknowledgement is a material inducement to Landlord to enter into this Lease and to accept the terms of this Lease. 22.04. No agreement to accept a surrender of all 22.03 Tenant’s obligations under this Article shall survive the expiration or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a other termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Datadog, Inc.)

Surrender of Premises. 22.01Section 28.01. Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Demised Premises, vacant, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty excepted. Tenant , and shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items remove all its property therefrom, except as otherwise provided in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner other termination of the term of this Lease. 22.04Section 28.02. No agreement to accept a surrender of all or any part In the event Tenant shall remain in possession of the Leased Property Demised Premises after the expiration or other termination of the term of this Lease Lease, such holding over shall not constitute a renewal or extension of this Lease. Landlord, may, at its option, elect to treat Tenant as one who is not removed at the end of the term, and thereupon be entitled to all of the remedies against Tenant provided by law in that situation or Landlord may elect to construe such holding over as a tenancy from month-to-month, subject to all of the terms and conditions of this Lease, except as to the duration thereof, and the minimum rent shall be valid unless due, in writing either of such events, at a monthly rental rate equal to one and signed one-half (1.5) times the monthly installment of minimum rent which would otherwise be payable for such month, together with any and all additional rent. Tenant shall also be responsible for and hereby indemnifies Landlord against any claims made by any succeeding tenant or prospective tenant founded upon Tenant's delay in surrendering the Demised Premises to Landlord. No delivery of keys shall operate as a If the Demised Premises are not surrendered upon the termination of this Lease Lease, provided that at the time of expiration or sooner termination, Landlord shall notify Tenant in writing that it has entered into or is about to enter into a surrender of the Leased Property or this Leasenew lease with a succeeding tenant, in which event, Tenant shall indemnify Landlord against liability resulting from such delay by Tenant, including any claims made by any succeeding tenant founded upon such delay.

Appears in 1 contract

Sources: Lease Agreement (Jesup & Lamont, Inc.)

Surrender of Premises. 22.01. 22.1 Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Demised Premises in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty casualty, the elements and any cause beyond Tenant's control excepted. Tenant , and shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items remove all its property therefrom, except as otherwise provided in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 22.03. If 22.2 Tenant remains in acknowledges that possession of the Leased Property after Demised Premises must be surrendered to Landlord at the expiration or sooner termination of this Lease without the execution of a new lease, the term hereof. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender possession of the Demised Premises as aforesaid will be substantial, will exceed the amount of monthly annual Fixed Rent and Additional Rent additional rent theretofore payable hereunder hereunder, and will be impossible accurately to measure accuratelymeasure. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered therefore agrees that if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after Demised Premises is not surrendered to Landlord upon the expiration or sooner termination of the term of this Lease. 22.04. No agreement , then notwithstanding anything to accept a surrender the contrary contained in this Lease, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or sooner termination of the term hereof, for use and occupancy, the aggregate sum of (i) two times the amount of the installment of the annual Fixed Rent that was payable under this Lease for the last month of the term hereof, plus (ii) one-twelfth of all items of annual additional rent which would have been payable monthly pursuant to this Lease had its term not expired or any part been terminated, plus (iii) those items of the Leased Property additional rent (not annual additional rent) which would have been payable monthly pursuant to this Lease had its term not expired or been terminated, which aggregate sum Tenant agrees to pay to Landlord upon demand, in full without setoff, and no extension or renewal of this Lease shall be valid unless in writing deemed to have occurred by such holding over, nor shall Landlord be precluded by accepting such aggregate sum for use and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender occupancy from exercising all rights and remedies available to it to obtain possession of the Leased Property Demised Premises. Further, Tenant shall be liable to Landlord for all losses and damages which Landlord may reasonably incur or this Leasesustain by reason of such holding over, including, but not limited to, damages incurred or sustained by reason of Landlord's inability to timely place a new tenant in possession of the Demised Premises.

Appears in 1 contract

Sources: Lease Agreement (American Home Mortgage Holdings Inc)

Surrender of Premises. 22.01Tenant shall, at the end of the Lease Term, or any extension thereof, promptly surrender the Premises in good order and condition and in conformity with the applicable provisions of this Lease, excepting only reasonable wear and tear and casualty. Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03, and prior to Tenant vacating the Premises, Landlord and Tenant shall jointly inspect the Premises. If Any work required to be done by Tenant remains in possession prior to its vacating of the Leased Property after Premises which has not been completed upon such vacating of the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of LandlordPremises, shall be deemed completed by Landlord and billed to Tenant. Tenant shall also, prior to vacating the Premises, pay to Landlord the amount, as estimated by Landlord, of Tenant’s obligation hereunder for Additional Rent. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant hereunder, with Tenant being liable for any additional costs therefor upon demand by Landlord, or with any excess to be occupying the Leased Property as a tenant from month returned to month, at a monthly rental equal to two Tenant after all such obligations have been determined and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasesatisfied, as the case may be, or its negotiation therefor . Any Security Deposit held by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained Landlord shall be deemed credited against the amount payable by Tenant under this Section. If Tenant fails to permit remove its Personal Property, Landlord may (without liability to Tenant for loss thereof), at Tenant’s sole cost and expense and in addition to remain in possession of the Leased Property after the expiration or sooner termination of the term of Landlord’s other rights and remedies under this Lease. 22.04, at law or in equity: (a) remove and store such items; and/or (b) upon ten (10) days prior written notice to Tenant, sell such items at private or public sale for such price as Landlord at its discretion may obtain. No agreement Landlord shall apply the proceeds of any such sale to accept a surrender of all or any part of the Leased Property or amounts due to Landlord under this Lease from Tenant (including Landlord’s attorneys fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant. Notwithstanding the foregoing, Tenant shall not be valid required to remove any alterations or additions, including the Tenant’s Work that Landlord has approved, unless in writing and signed such is a Specialty Item, designated by Landlord. No delivery of keys shall operate Landlord as a termination of this Lease or a surrender of such at the Leased Property or this Leasetime Landlord reasonably approves same.

Appears in 1 contract

Sources: Lease Agreement (Repligen Corp)

Surrender of Premises. 22.01. (a) Upon the expiration of the Term, or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Propertyearlier termination, Tenant shall at quietly surrender to Landlord the Premises, including, without limitation, all Alterations. The Premises and all said Alterations shall be surrendered to Landlord by Tenant without any damage, injury or disturbance thereto, or payment therefor by Landlord. Tenant may remove from the Premises Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good orderproperty (including any leasehold improvements owned by Tenant) as Tenant elects, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense; provided, however, Tenant shall be obligated to remove the following items of Tenant's property: Tenant's trade fixtures, equipment, furniture, inventory, merchandise and other items of moveable personal property. Tenant shall repair any damage caused by such removal and shall restore the area to its condition immediately before installation (reasonable wear and tear excepted). Tenant, at its sole expense, shall remove signage installed by Tenant after the Commencement Date from the Premises and shall repair any damage to the Premises caused by such removal and restore the affected areas to their prior condition. Tenant shall surrender the Premises in a neat and clean condition, free of waste and debris, subject to ordinary wear and tear. Tenant's obligation to reimburse Landlord for its costs so incurred observe and perform these covenants shall survive the expiration or other termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may Tenant shall have the right to be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part present at time of final inspection of the Premises to determine if any damage was done thereto, if Tenant notifies Landlord in order writing of its intention to induce such purchaser or tenant not to terminate its purchase agreement or leasemove, as the case may be, or its negotiation therefor by reason date of moving and new address. The notice of Tenant's delay in so surrendering desire to be present at the Leased Property final inspection of the Premises shall be given at least 10 days prior to the date of moving. Upon receipt of such notice Landlord shall notify Tenant of time and date when the Premises are to be inspected. The inspection shall occur within five days before or five days after Tenant's date of moving, such inspection date to be mutually satisfactory to both Landlord and Tenant. (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or leaseIf Tenant does not remove from the Premises Tenant's furniture, as the case may beequipment, trade fixtures, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason any other items of Tenant's delay in so surrendering property that Tenant is obligated under subsection 21(a) above to remove on or prior to the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession expiration of the Leased Property after the expiration Term or sooner termination of the term of this Lease. 22.04. No agreement , then Tenant agrees that Landlord may, at Landlord's election, (i) retain any or all of such property, in which case Tenant shall be conclusively presumed to accept a surrender of all or any part of have conveyed the Leased Property or same to Landlord under this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination ▇▇▇▇ of this Lease sale without further payment or a surrender credit by Landlord to Tenant, or (ii) Landlord shall have the right to cause any or all of such property to be removed at Tenant's sole cost and expense. Tenant agrees to reimburse Landlord for the Leased Property or this Leasecost of such removal.

Appears in 1 contract

Sources: Lease Agreement (Source Interlink Companies Inc)

Surrender of Premises. 22.01. Upon At the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Propertytenancy hereby created, Tenant shall at Tenant's expense quit and peaceably surrender the Leased Property Premises, including all alterations, additions, improvements, decorations and deliver the same to Landlord repairs made thereto broom clean and in good order, condition and repair, ordinary reasonable wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received remove trade fixtures, equipment, signs and other personal property installed by Tenant attributable to provided the same can be removed without causing damage to the Leased Property to Premises. Tenant shall not, without the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option prior written consent of Landlord, be deemed remove any free standing signs, any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other building operating equipment or decorations. Tenant shall, prior to have been abandonedsurrendering the Premises to Landlord, and in such case such items may be retained by Landlord as remove from the Premises all its property or disposed of by Landlord, without accountability, not required to be surrendered to Landlord and shall repair any damage to the Premises caused thereby. Any personal property remaining in such manner as Landlord shall determine the Premises at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive the expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, tenancy created hereby shall be deemed abandoned by Tenant, and may be disposed of by Landlord at Tenant’s expense and Landlord shall in no circumstances have any liability to be occupying Tenant therefor. Upon termination, Tenant shall also surrender all keys for the Leased Property as a tenant from month Premises to monthLandlord and, if applicable inform Landlord of any combinations of locks or safes in the Premises. If the Premises are not surrendered at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month end of the Term, subject to all of the other terms of this Lease insofar term as the same are applicable to a month-to-month tenancy. Furtherhereinabove set out, Tenant hereby indemnifies shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Leased PropertyPremises, including (a) any including, without limitation, claims made by any purchaser or prospective purchaser, succeeding tenant in connection with such delay and, in addition, shall pay to Landlord during any month or prospective tenant founded upon such delayportion thereof in which Tenant occupies the Premises, (b) any payment or rent concession which Landlord may be required an amount equal to make two times the monthly rental rate in effect immediately prior to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part the termination of the Premises in order tenancy described herein. Tenant’s obligation to induce such purchaser observe or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant perform this covenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after survive the expiration or sooner other termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement

Surrender of Premises. 22.01. Upon Any alterations, improvements or additions to --------------------- the Leased Premises made in accordance with Landlord's Work, as same may have been modified from time to time throughout construction of the Leased Premises shall remain upon the Leased Premises at the expiration or sooner earlier termination of this Lease and shall become the property of Landlord. Any alterations, improvements or upon re-entry by Landlord additions to the Leased Premises made after substantial completion of the Leased Premises shall remain upon the Leased PropertyPremises at the expiration or earlier termination of this Lease and shall become the property of Landlord, unless, Landlord, at the time of Landlord's approval of plans for same, shall have given written notice to Tenant to remove such alterations, improvements and additions. In such event, Tenant shall at Tenant's expense quit repair any damage caused by the removal (including, without limitation, repairing and surrender patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Property and deliver Premises to substantially the same condition in which it existed prior to the time that any such alterations, improvements or additions were made. Should Tenant fail to remove any such alterations, improvements or additions or to repair such damage when required by Landlord so to do pursuant to this Section 17, Landlord may do so, and the reasonable cost and expense thereof shall be paid by Tenant to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02as Additional Rent. Any items personal property which shall remain in the Leased Property Premises or any part thereof after the Expiration Date, expiration or after an earlier termination date, may, at the option of Landlord, this Lease shall be deemed to have been abandoned, abandoned and in such case such items either may be retained by Landlord as its Landlord's property or may be disposed of by Landlord, without accountability, in such manner as Landlord shall determine may see fit, provided that notwithstanding the foregoing Tenant shall, upon request of Landlord made no later then ten (10) days after the expiration or earlier termination of this Lease, promptly remove from the Building any such personal property at Tenant's own cost and expense. Tenant's obligation Should Tenant fail so to do, Landlord may do so, and the reasonable cost and expense thereof shall be paid by Tenant to Landlord as Additional Rent. If such personal property or any part thereof shall be sold by Landlord, Landlord may receive and retain the proceeds of such sale(s) as are necessary to reimburse Landlord for its costs so incurred expenses in connection with the disposal of such personal property, with the remainder, if any, being delivered to Tenant forthwith. The covenants contained in this Section 17 shall survive the expiration or earlier termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Collagenex Pharmaceuticals Inc)

Surrender of Premises. 22.0128.01. Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the demised premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire fire, the elements or other casualty excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expenseherein provided. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner other termination of the term of this Lease. 22.0428.02. No agreement to accept a surrender of all or any part In the event Tenant shall remain in possession of the Leased Property demised premises after the expiration or other termination of the term of this Lease Lease, such holding over shall not constitute a renewal or extension of this Lease. Landlord may, at its option, elect to treat Tenant as one who has not removed at the end of the term, and shall thereupon be entitled to all of the remedies against Tenant provided by law in that situation or Landlord may elect to construe such holding over as a tenancy from month-to-month, subject to all of the terms and conditions of this Lease, except as to the duration thereof, and the minimum rent or use and occupancy, as the case may be, shall be valid unless due, in writing either of such events, at a monthly rate equal to one and signed one-half (1.5) times the monthly installment of minimum rent which would otherwise be payable for such month, together with any and all additional rent. In addition to the foregoing, if the demised premises is not surrendered on the Expiration Date, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Landlord. No delivery of keys shall operate as a termination of this Lease Tenant in so surrendering the demised premises, including, without limitation, claims by any succeeding occupant founded on such delay and damages or a surrender of the Leased Property loss which Landlord may incur by any lost leasing opportunity or this Leasetransaction.

Appears in 1 contract

Sources: Lease Agreement (24/7 Media Inc)

Surrender of Premises. 22.01All improvements to the Premises (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. Upon At the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTenant’s right of possession, Tenant shall at remove Tenant's expense ’s Removable Property from the Premises, and quit and surrender the Leased Property Premises to Landlord, broom clean, and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear excepted. As used herein, the term “Tenant’s Removable Property” shall mean: (A) Cable installed by or for the benefit of Tenant and damage by fire located in the Premises or other casualty exceptedportions of the Building; (B) any Leasehold Improvements that are installed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Special Installations”) provided that Landlord identifies such Special Installations by written notice to Tenant at the time of Landlord’s approval of plans and specifications therefor; and (C) Tenant’s personal property. Notwithstanding the foregoing, Landlord may, in Landlord’s sole discretion and at no cost to Landlord, require Tenant shall pay to leave any of its Special Installations in the Premises. If Tenant fails to remove any of Tenant’s Removable Property (other than Special Installations which Landlord any insurance proceeds received by Tenant attributable has designated to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property Premises) within 2 Business Days after the termination of this Lease without the execution or of a new leaseTenant’s right to possession, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeLandlord, at the option of LandlordTenant’s sole cost and expense, shall be deemed entitled (but not obligated) to remove and store Tenant’s Removable Property. Landlord shall not be occupying responsible for the Leased Property as a tenant from month to monthvalue, at a monthly rental equal to two preservation or safekeeping of Tenant’s Removable Property. Tenant shall pay Landlord, upon demand, the expenses and one-half times storage charges incurred for Tenant’s Removable Property. To the Fixed Rent and Additional Rent payable during the last month fullest extent permitted by applicable Law, any unused portion of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord Tenant’s Security Deposit may be required applied to make offset Landlord’s costs set forth in the preceding sentence. In addition, if Tenant fails to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of remove Tenant’s Removable Property from the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasestorage, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or leasewithin 30 days after written notice, as the case Landlord may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of deem all or any part of Tenant’s Removable Property to be abandoned and may dispose of such items in accordance with California law. Except for Special Installations designated by Landlord to remain in the Leased Premises, Tenant’s Removable Property or shall be removed by Tenant before the Expiration Date; provided that upon Landlord’s prior written consent (which must be requested by Tenant at least 30 days in advance of the Expiration Date and which shall not be unreasonably withheld), Tenant may remain in the Premises for up to 5 days after the Expiration Date for the sole purpose of removing Tenant’s Removable Property. Tenant’s possession of the Premises for such purpose shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses on a per diem basis at the rate in effect for the last month of the Term. In the event this Lease is terminated prior to the Expiration Date, Tenant’s Removable Property (except for Special Installations designated by Landlord to remain in the Premises as provided above) shall be valid unless in writing and signed removed by Landlord. No delivery of keys shall operate as a Tenant within 2 Business Days after the termination of this Lease Lease. Tenant shall repair damage caused by the installation or a surrender removal of the Leased Property or this LeaseTenant’s Removable Property.

Appears in 1 contract

Sources: Office Lease (Cardium Therapeutics, Inc.)

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain Except in the Leased Property after the Expiration Date, or after an earlier termination date, maycase of condemnation described in subsection 12(a), at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04, Tenant shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear excepted, and shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises. Tenant shall at such time remove all Tenant's Property, as well as any alterations or improvements, if requested to do so by Landlord and shall repair any damage to the Leased Premises caused thereby, and any or all of such properly not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's cost and expense, without further notice to or demand upon Tenant. Tenant agrees that if Tenant does not surrender the Lease Premises to Landlord at the end term of this Lease, then Tenant will pay to Landlord, to the extent permitted by law, one hundred fifty percent (150%) of the amount of the rent paid by Tenant for the last full month of the term for each month or portion thereof that Tenant holds over, unless such holdover is expressly permitted in advance by Landlord in writing. Furthermore, at all times, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Leased Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. No agreement to accept a surrender receipt of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed money by Landlord. No delivery of keys shall operate as a Landlord from Tenant after termination of this Lease or a surrender the service of any notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the Leased Property term of this Lease or this Leaseaffect any such Notice, demand, suit or judgment.

Appears in 1 contract

Sources: Lease (Aviation Sales Co)

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after the termination of Term or any renewal thereof falls on Saturday or Sunday this Lease without shall expire on the execution of a new leasebusiness day immediately preceding. 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedy Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half (2) times he aggregate of that portion of the Fixed Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Thrupoint Inc)

Surrender of Premises. 22.01. 27.1 Upon the expiration Expiration Date or sooner upon the earlier termination of the term of this Lease or upon re-entry by Landlord upon the Leased Propertylease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Demised Premises, broom clean, in good order, condition condition, and repair, ordinary wear and tear and damage by fire fire, the elements or other casualty excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased remove all of its Personal Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expenseherein provided. Tenant's obligation to reimburse Landlord for its costs so incurred observe and perform this covenant shall survive the expiration or earlier termination of the term of this Leaselease. 22.03. 27.2 If Tenant remains in fails to surrender possession of the Leased Property after Demised Premises upon the Expiration Date or earlier termination of the term of this Lease without the execution of a new lease, the parties recognize and agree that the damage Landlord may elect, by notice to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property treat Tenant as a tenant from month to month, holdover for a further term of 3 months at a monthly rental equal to two and one-half times twice the Fixed Rent and Additional Rent payable which Tenant was required to pay during the last month prior to expiration or termination. In addition to the above, if the Demised Premises are not surrendered upon the expiration or earlier termination of the term of this lease, Tenant shall indemnify and hold Landlord harmless from and against any claims, loss, costs, liability and expenses (including attorneys' fees) resulting therefrom, including any claims made by any succeeding lessee founded upon such delay. 27.3 If the last day of the term of this lease falls on a Sunday, this lease shall end on the immediately preceding business day. If Tenant shall have removed all or substantially all of its employees and Personal Property from the Demised Premises at any time during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leaselease, Landlord may immediately enter and alter, renovate and redecorate the Demised Premises, without elimination, diminution or abatement of rent, or incurring liability to Tenant for any compensation, and such acts by Landlord shall have no effect upon this lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Rayovac Corp)

Surrender of Premises. 22.01. Upon (a) At the expiration or sooner earlier termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm of this, Lease, Tenant shall at Tenant's expense quit and peaceably surrender the Leased Property Premises in broom clean condition and deliver good order and repair and otherwise in substantially the same to Landlord in good ordercondition as the Premises was upon the commencement of this Lease, condition and repair, except for: (i) ordinary wear and tear tear, (ii) needed repairs or maintenance to the Premises that are not required to be repaired and/or maintained by Tenant, and (iii) damage by fire or other casualty excepted. Tenant shall pay to Landlord the extent there is actually paid to Landlord, to repair any insurance proceeds received by Tenant attributable to damage to the Leased Property Premises, sufficient net proceeds from the policies of insurance which Tenant is obligated to provide and to maintain under the extent such proceeds have not been used to restore such items in accordance with provisions of this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date(b) If Landlord elects to require that alterations, additions, improvements, changes, affixations of chattels, or after an earlier termination date, may, other work made or performed by Tenant to the Premises be removed at the option termination of Landlordthis Lease, Tenant hereby agrees to cause the same to be deemed removed at its sole cost and expense. If Tenant fails to have been abandonedremove the same, and in such case such items Landlord may cause them to be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine removed at Tenant's expense, and Tenant hereby agrees to reimburse Landlord for the cost of such removal together with all and any damages that Landlord may suffer and sustain by reason of failure of Tenant to remove the same. At Landlord's election, any or all of the alterations, additions, improvements, changes, affixations of chattels, or other work made or performed by Tenant upon the Premises shall remain at the termination of this Lease and not be removed. Tenant's obligation to reimburse Landlord for its costs so incurred observe and perform the covenants set forth in this Section shall survive the expiration or earlier termination of this Lease. Tenant shall be permitted to remove any equipment which installs on the Premises at the expiration of the Lease. Provided, however, that Tenant shall return the Premises to substantially the same condition as existed prior to the installation of such Equipment. Should Tenant cause any damage to the Premises as the result of the removal of its Equipment Tenant shall be liable for the cost of any repairs occasioned by such damage. In the event that Tenant fails to repair such damage prior to the expiration of the Lease and Landlord shall be forced to make such repairs Tenant shall reimburse Landlord for the actual costs of such repair plus Ten Percent (10%) of the costs of such repairs. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after At the expiration or sooner earlier termination of the term Term of this Lease. 22.04. No agreement , Tenant shall promptly remove all property that it owns from the Premises under the provisions of this Lease, and, failing to accept a surrender do so, Landlord at its option may either (i) cause that property to be removed at the risk and expense of Tenant (both as to loss and damage), and Tenant hereby agrees to pay all or reasonable costs and expenses incurred thereby, including sums paid to store the property elsewhere and the cost of any part repairs to the Premises caused by the removal of the Leased Property property, or this Lease shall (ii) upon five (5) days' written notice to Tenant, which the parties agree is commercially reasonable, sell at public or private sale any or all of such property, whether exempt or not from sale under execution or attachment (such property being deemed charged with a lien in favor of Landlord for all sums due hereunder), with the proceeds to be valid unless applied as set forth in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease. Landlord is entitled by Tenant to treat the property as abandoned and title shall pass to Landlord.

Appears in 1 contract

Sources: Lease (Amincor, Inc.)

Surrender of Premises. 22.01. Upon the expiration On or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after before the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination date of the term of this Lease. 22.04, or any renewal or extension thereof, or any earlier termination,thereof, Tenant shall demand, quietly and peacefully deliver possession of the Leased Premises to Landlord, broom clean, and free of all trash, garbage and debris, in as good condition as existed when Tenant took possession, reasonable wear and tear, and insured casualty damages excepted, and shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent, and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Leased Premises. No agreement to accept a surrender On or before said termination date, Tenant shall remove all Tenant's personal property and trade fixtures from the Leased Premises. All personal property or trade fixtures not removed by Tenant, shall, upon said termination date become Landlord's property, and Landlord may, at its option, either retain any personal property and trade fixtures, or dispose of all or any part portion of them at Tenant's sole cost and expense. Tenant shall reimburse Landlord upon demand for all Landlord's expenses incurred in connection with disposing of Tenant's personal properly and trade fixtures, or removing any of Tenant's trash, garbage and debris from the Leased Premises, or Building and Real Property of which the Leased Premises forms a part. This obligation shall survive the termination of this Lease. If this Lease terminates as a result of an insured casualty, Tenant is not obligated to repair or restore the Leased Premises, but-Landlord is entitled to a portion of the proceeds from Tenant's insurance, sufficient to reimburse Landlord for the reasonable cost of restoring the interior of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of Premises to the Leased Property or this Leasecondition existing immediately before such casualty.

Appears in 1 contract

Sources: Lease Agreement (Vidkid Distribution Inc)

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after the termination of Term or any renewal thereof falls on Saturday or Sunday this Lease without shall expire on the execution of a new leasebusiness day immediately preceding. 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedy Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half (2) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Thrupoint Inc)

Surrender of Premises. 22.01. Upon On the expiration last day of the Lease Term or upon the sooner termination of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and shall, to the reasonable satisfaction of Landlord, surrender the Leased Property and deliver the same Premises to Landlord in good order, condition and repair, ordinary ("reasonable wear and tear tear" excepted and damage defined below) with all originally painted interior walls washed, or re-painted if marked or damaged and other interior walls cleaned and repaired or replaced, all carpets cleaned and in good condition, the air conditioning, ventilating and heating equipment inspected, serviced and repaired by fire or other casualty excepteda reputable and licensed service firm (unless Landlord has elected to maintain heating and air conditioning systems pursuant to Paragraph 10.1 above), and all floors cleaned and waxed. Tenant shall pay to Landlord any insurance proceeds received remove all of Tenant's personal property and trade fixtures from the Premises, and all property not so removed shall be deemed abandoned by Tenant. Furthermore, Tenant attributable to shall immediately repair all damage to the Leased Property to the extent Premises caused by any such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03removal. If Tenant remains in possession of the Leased Property after the termination of this Premises are not so surrendered at Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. FurtherTermination, Tenant hereby indemnifies shall indemnify, defend and hold Landlord harmless from and against any loss, damage, expense, claim or liability resulting from delay by Tenant in so surrendering the Leased PropertyPremises including, including (a) without limitation, any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded losses to Landlord due to lost opportunities to lease to succeeding tenants. For purposes of this Paragraph 34 the phrase "reasonable wear and tear" means wear which manifest itself solely through the passage of time. For the purpose of this Lease, items which are not deemed "reasonable wear and tear" shall include, but not be limited to, the following items, which items shall be Tenant's obligations to repair, maintain, correct, clean or replace upon such delay, surrender or Lease termination: (a) Damage or deterioration that would have been prevented by Tenant performing all its maintenance and repair obligations in accordance with this Lease; (b) Damage to or defacement of portions of any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaserwalls, succeeding or prospective tenant for all partitions, wall coverings, woodwork, doors, ceilings or any part other portion of the Premises in order from any cause (including, without limitation, from nails, screws or other attachment devices). All interior walls and partitions are to induce such purchaser be repaired and repainted if marked or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and damaged; (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or leaseDamage to floors and floor coverings (including stains, as the case may bemarks, or not proceed soiling and excessive wear to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of carpeting from Tenant's delay failure to use carpet protectors under desk chairs); (d) Any disrepair, damage or non-functioning improvements in so surrendering the Leased Property. Nothing herein contained shall be deemed Premises that are capable of being repaired or replaced and which is the Tenant's obligation to permit repair, including without limitation any systems on the Premises, light fixtures, devices, doors, windows, glass, operable hardware, ceiling panels and grills, interior walls, floor coverings, window coverings, fixtures and appurtenances; (e) Damage to the Premises from any cause except insured casualty or other elements not directly caused by Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all its employees, agents or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.invitees

Appears in 1 contract

Sources: Net Lease Agreement (Silicon Storage Technology Inc)

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease for any reason, all fixtures, equipment, improvements and appurtenances attached to or upon re-entry built into the Premises in such a manner as to become part of the freehold, whether or not by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option expense of LandlordTenant, shall become and remain a part of and be deemed surrendered with the Premises, except that Landlord may elect to have been abandonedrequire Tenant, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense, to remove any or all of such fixtures, equipment, improvements and appurtenances, and Tenant shall restore the Premises to as good condition as existed on the Commencement Date subject to the conditions and terms previously set forth in Section 14. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination Any furniture, furnishings and other articles of this Lease. 22.03. If movable personal property owned by Tenant remains and located in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of LandlordPremises, shall be deemed to be occupying and shall remain the Leased Property as a tenant from month to month, at a monthly rental equal to two property of Tenant and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to removed by it any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of time during the term of this Lease. 22.04; provided that if any of Tenant's property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises resulting from such removal. No agreement Within Five (5) business days of Tenant’s surrendering the Premises, Landlord can elect to accept a surrender retain or depose of all in any manner any alterations or any part Tenant's fixtures that Tenant does not move from the Premises on expiration or termination of the Leased Property term as allowed or required by this Lease by giving at least Thirty (30) days' notice to Tenant. Title to any such alterations or Tenant's fixtures that Landlord elects to retain or dispose of on expiration of the Thirty (30) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such alterations or Tenant's fixtures. Tenant shall be valid unless in writing liable to Landlord for Landlord's costs for storing, removing, and signed disposing of any of Tenant's personal property, and for Landlord's costs for repairing any damage to the Premises occasioned by Landlordsuch removals. No delivery of keys shall operate as a If Tenant fails to surrender the Premises to Landlord upon the expiration or termination of the term as required by this Lease or Section, Tenant shall hold Landlord harmless from all damages resulting from Tenant's failure to surrender the Premises, including, without limitation, claims made by a surrender of the Leased Property or this Leasesucceeding tenant.

Appears in 1 contract

Sources: Lease Agreement

Surrender of Premises. 22.0128.01 Upon expiration or other termination of the Term of this Lease, Tenant shall (i) quit and surrender to Landlord the Demised Premises vacant, broom clean, in good order and condition, normal wear and tear excepted, and (ii) remove all its property therefrom, except as otherwise expressly provided in this Lease. Upon Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease falls on a Sunday, this Lease shall expire at noon on the succeeding business day, unless it is a legal holiday, in which case it shall expire at noon on the next business day. 28.02 Tenant acknowledges that possession of the Demised Premises must be surrendered to Landlord at the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination Term of this Lease. 22.03. If Should Tenant remains remain in possession of the Leased Property after Demised Premises for a period in excess of ninety (90) days following the expiration or sooner termination of this Lease the Lease, Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by T▇▇▇▇▇ in so surrendering the Demised Premises, including, without the execution of limitation, any claims made by any succeeding tenant founded on such delay. Landlord shall notify Tenant when L▇▇▇▇▇▇▇ has entered into a new leasethird party lease for the Demised Premises, or any portion thereof so as to make Tenant aware of the potential liability Tenant may incur due to its failure to vacate the Demised Premises. The parties recognize and agree that the damage to Landlord will be substantial, will exceed resulting from any failure by T▇▇▇▇▇ to timely surrender possession of the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and Demised Premises as aforesaid will be impossible to measure accuratelyaccurately measure. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered T▇▇▇▇▇ therefore agrees that if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property Demised Premises is not surrendered to Landlord within twenty four (24) hours after the date of the expiration or sooner termination of the Term of this Lease, then Tenant shall pay to Landlord for each month and for each portion of any month during which T▇▇▇▇▇ holds over in the Demised Premises after the expiration or sooner termination of the Term of this Lease, a sum equal to 125% of the aggregate of that portion of the Base Rent which was payable under this Lease during the last month of the term hereof for the first three months following the expiration or sooner termination of the Lease; 150% of the aggregate of that portion of the Base Rent which was payable under this Lease during the last month of the term hereof for the next ensuing three months, and 200%of the aggregate of that portion of the Base Rent which was payable under this Lease during the last month of the term hereof thereafter. In addition, Tenant shall continue to pay 100% of all Additional Rent during any hold-over period. No month-to-month tenancy shall be deemed created by reason of Tenant’s holding over. Nothing contained herein shall be deemed to permit Tenant to retain possession of the Demised Premises after expiration of the Term of this Lease and the provisions of this Article shall survive the expiration or sooner termination of the Term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Dealertrack Technologies, Inc)

Surrender of Premises. 22.0135.1. Upon expiration of the Term or within a reasonable period of time after termination of this Lease, Tenant shall quit and surrender to Landlord the Premises and all Tenant's Improvements and Alterations in good condition and repair except for: (i) ordinary wear and tear occurring after the last necessary maintenance made by Tenant; (ii) damage to or destruction of the Premises covered by the Article titled "Destruction" or by the Article titled "Condemnation;" or (iii) Alterations that Tenant has the right to remove or is obligated to remove under the provisions of the Article titled "Alterations." Tenant shall remove all of debris, rubbish, and Tenant's personal property from the Premises. Upon such removal, Tenant shall repair any damage resulting from the removal of Tenant's Trade Fixtures and Tenant's Personal Property. Prior to surrendering the Premises to Landlord, Tenant shall restore the Premises to a condition substantially similar to the condition of the Premises at the Commencement Date. Failing such, Landlord may so repair the Premises and charge Tenant for the reasonable costs thereof incurred by Landlord, or withhold such costs from any balance of the Security Deposit that may at the time remain. Tenant shall surrender all keys to the Premises to Property Manager or to Landlord at the 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 combinations on locks, safes and vaults, if any, in the Premises or, on the Project. 35.2. Landlord can elect to retain or dispose of (in any manner) any of Tenant's Personal Property that Tenant does not remove from the Premises on expiration or sooner termination of the Lease by giving at least ten (10) days' notice to Tenant. Title to any items of Tenants' Personal Property that Landlord elects to retain or dispose of after expiration of the ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such Tenant's Personal Property, Tenant shall be liable to Landlord for Landlord's reasonable costs for storing, removing, and disposing; of any of Tenant's Personal Property under this Section 35.2. Landlord may store Tenant's Personal Property in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. If Tenant shall fail to pay the cost of storing any of Tenant's Personal Property after it has been stored for a period of thirty (30) days or more, Landlord may sell any or all of such Tenant's Personal Property at public or private sale, in such manner and at such times and places as Landlord, in its sole discretion, may deem proper, without notice to or demand upon Tenant. Landlord shall apply the proceeds of such sale as follows: 35.2.1. First, to the costs and expenses of such sale, including Landlord's reasonable attorneys' fees; 35.2.2. Second, to the payment of the expense of or charges for removal and storing any such property; 35.2.3. Third, to the payment of any other sum of money which may then or thereafter be due to Landlord from Tenant under any of the terms of this Lease; and 35.2.4. Fourth, the balance, if any, to Tenant. 35.3. If Tenant fails to timely surrender the Premises to Landlord upon expiration or after termination of this Lease or upon re-entry as required by Landlord upon the Leased Propertythis Article, Tenant shall at hold Landlord harmless from all damages resulting therefrom, including, without limitation, claims made by a succeeding Tenant resulting from Tenant's expense quit and failure to surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire Premises. 35.4. The voluntary or other casualty excepted. Tenant surrender by tenant or a mutual cancellation of this Lease shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Datework a merger, or after an earlier termination date, mayand shall, at the option election of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for either terminate all or any part existing subleases or subtenancies or may operate as an assignment to it of any or all of such subleases or subtenancies. Landlord shall exercise its election within thirty (30) days of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in event so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leaserequiring. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Net Industrial Lease (Lmi Aerospace Inc)

Surrender of Premises. 22.01On the last day of the term of this Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. Upon On or before the expiration last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove 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 upon re-entry by Landlord upon loss thereof and Lessor shall not be liable in any manner in respect thereto. Lessee shall pay all costs and expenses of such remoyal, transportation and storage. Lessee shall leave the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Premises in good order, condition and repair, ordinary reasonable wear and tear and uninsured damage by from fire or and other casualty excepted. Tenant Lessee shall pay reimburse Lessor upon demand for any expenses incurred by Lessor with respect to Landlord any insurance proceeds received 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 Tenant attributable to damage to either Lessor or Lessee upon the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which Premises, shall remain in the Leased Property after property of Lessor and shall be surrendered with the Expiration Date, or after an earlier termination date, may, Premises as a part thereof If the Premises be not surrendered at the option end of Landlordthe term or sooner termination thereof, be deemed to have been abandonedLessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, and in such case such items may be retained by Landlord as its property or disposed of by Landlordincluding, without accountabilitylimitation, in claims made by any succeeding tenants founded on such manner as Landlord delay and any attorneys' fees resulting therefrom. Lessee shall determine promptly surrender all keys for the Premises to Lessor at Tenant's expensethe place then fixed for the payment of rent and shall inform Lessor of combinations on any vaults, locks and safes left on the Premises. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant In the event Lessee remains in possession of the Leased Property Premises after the termination expiration of this Lease Lease, and without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantialbut with Lessor's written consent, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, it shall be deemed to be occupying the Leased Property Premises as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Termto-month, subject to all of the other terms provisions, conditions and obligations of this Lease insofar as the same are can be applicable to a month-to-month tomonth tenancy, except that the Base Rent shall be escalated to Lessor's then current base rent for the Premises according to Lessor's then current rental rate schedule for prospective tenants. FurtherIn the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new lease and without Lessor's written consent, Tenant hereby indemnifies Landlord against 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 Tenant Lessee in so surrendering the Leased Property, including Premises as above provided and shall pay a charge for each day of occupancy an amount equal to double the Base Rent and Additional Rent (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as daily basis) then currently being charged by Lessor on new leases in the case may be, by reason of Tenant's delay in so surrendering Office/Warehouse Complex for space similar to the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this LeasePremises. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Office/Warehouse Lease (Fargo Electronics Inc)

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease Lease, whether by lapse of time or otherwise, or upon re-entry the exercise by Landlord upon of the Leased Propertypower to enter and repossess the Premises without terminating this Lease, as hereinbefore provided, Tenant shall at Tenant's expense quit and once surrender possession of the Leased Property and deliver the same Premises to Landlord in good order, a condition and repairorder of repair substantially similar to its original condition and order of repair upon the commencement of the lease term, ordinary reasonable wear and tear and damage by fire or other events of casualty described in Section 11, excepted, and shall at once remove all of Tenant’s personal property and trade fixtures from the Premises. Upon any such termination, Tenant shall pay shall, as directed by Landlord, either remodel any addition to Landlord any insurance proceeds received the Premises constructed by Tenant attributable under Section 9, above, so as return the Premises to its original condition, reasonable wear and tear excepted, or remove such addition from the Premises. Any such remodeling or removal of any addition to the Premises shall be made by Tenant at its sole cost and expense. If, upon any such termination, Tenant does not at once surrender possession of the Premises and remove such of its property as allowed by Landlord, Landlord may forthwith re-enter and repossess the same and remove all of Tenant’s property without being guilty of trespass or of forceful entry or detainer or without incurring any liability to Tenant for loss or damage to the Leased Property to the extent Tenant’s property. Upon any such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which removal of Tenant’s property, it shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed considered to have been abandoned, abandoned and in such case such items may either be retained by Landlord as its property or may be disposed of at public or private sale as Landlord sees fit. If any such property is either sold at public or private sale or retained by Landlord, without accountability, in the proceeds of any such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration sale or termination of this Lease. 22.03. If Tenant remains in possession the then current fair market value of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leaseproperty, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed applied by Landlord against Landlord’s expenses of removal, storage or sale of such property, the arrears of rent and other charges or future rent and other charges payable hereunder, and any other damages to permit which Landlord may be entitled hereunder. Tenant shall repair, at its sole cost and expense, any damage to remain in possession the Premises resulting from the removal of the Leased Property after the expiration or sooner termination of the term of this Leaseits property as allowed hereunder. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Commercial Lease Agreement

Surrender of Premises. 22.01. Upon Any alterations, improvements or additions to the Leased Premises made by or at the request of Tenant shall remain upon the Leased Premises at the expiration or sooner earlier termination of this Lease and shall become the property of Landlord unless Landlord shall, prior to the expiration or upon re-entry by Landlord upon the Leased Propertyearlier termination of this Lease, give written notice to Tenant shall at Tenant's expense quit to remove such alterations, improvements and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty exceptedadditions. Tenant shall pay repair any damage caused by the installation and/or removal (including, without limitation, repairing and patching holes, replacing ceiling, floor and wall surfaces and repainting), and restore the Leased Premises to substantially the same condition in which it existed prior to the time that any such alterations, improvements or additions were made. Should Tenant fail to remove any such alterations, improvements or additions or to repair such damage when required or requested by Landlord so to do pursuant to this Section 17, Landlord may do so, and the cost and expense thereof shall be paid by Tenant to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02as Additional Rent. Any items personal property which shall remain in the Leased Property Premises or any part thereof after the Expiration Date, expiration or after an earlier termination date, may, at the option of Landlord, this Lease shall be deemed to have been abandoned, abandoned and in such case such items either may be retained by the Landlord as its Landlord's property or may be disposed of by Landlord, without accountability, in such manner as Landlord shall determine may see fit, provided that notwithstanding the foregoing Tenant shall, upon request of Landlord made no later then ten (10) days after the expiration or earlier termination of this Lease, promptly remove from the Building any such personal property at Tenant's own cost and expense. TenantShould Tenant fail so to do, Landlord may do so, and the cost and expense thereof shall be paid by Tenant to Landlord as Additional Rent. If such personal property or any part thereof shall be sold by Landlord, Landlord may receive and retain the proceeds of such sale(s) as Landlord's obligation to reimburse Landlord for its costs so incurred property. The covenants contained in this Section 17 shall survive the expiration or earlier termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Worldgate Communications Inc)

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased PropertyUnless terminated sooner, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same Demised Premises to the Landlord at the termination of the Base Term or any Option Periods, whichever shall occur later. Except as provided in Section 9 and unless otherwise specified by the Landlord in good orderwriting, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. the Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage deliver the Demised Premises to the Leased Property Landlord together with all improvements, alterations and repairs made by it during the Base Term and any Option Periods. At the time of surrender, Tenant shall deliver all keys for the Demised Premises to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02Landlord at the place then fixed for the payment of Rent and shall inform the Landlord of all combination locks, safes and vaults, if any, which are a part of the Demised Premises. Any items which shall remain remaining in the Leased Property Demised Premises after surrender of the Expiration Date, or after an earlier termination date, may, at keys to the option Demised Premises shall be deemed abandoned for all purposes and shall become the property of Landlord, be deemed and the latter may dispose of the same without liability of any type or nature. If Tenant shall default in surrendering the Demised Premises, Tenant’s occupancy subsequent to have been abandoned, and in such case such items may be retained by Landlord as its property expiration or disposed of by Landlord, without accountabilitytermination, in the event such manner as occupancy is without the consent or acquiescence of Landlord shall determine at Tenant's expense. Tenant's obligation or pursuant to reimburse Landlord for its costs so incurred shall survive expiration an amendment or termination extension of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, said occupancy shall be deemed to be occupying the Leased Property as a tenant from tenancy-at-will and in no event for month to monthmonth or year to year, at a and it shall be subject to all the terms, covenants and conditions of this Lease applicable thereto, and no extension or renewal of this Lease shall be deemed to have occurred by such holding over; provided, however, that the monthly rental installments of Minimum Rents payable hereunder during said holdover period shall be equal to two and one-half times 150% of the Fixed Rent and Additional monthly installments of Minimum Rent payable during the last month of the Term, subject to all term of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. FurtherLease, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for and all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained Additional Rent payable hereunder shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leaseprorated during such holdover period. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Correctional Services Corp)

Surrender of Premises. 22.01. Upon the the, expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items Tenant may be retained by Landlord as remove all of its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire' on the termination 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 Lease without the execution of a new leaseArticle 21. 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedy Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of this Lease, a sum equal to the greater of (i) the then fair market rental value for the Premises as determined by Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to and (ii) two and one-half (2) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Bridgeline Software, Inc.)

Surrender of Premises. 22.0128.01. Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same Demised Premises to Landlord Landlord, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other insured casualty excepted, and Tenant shall remove all of its property as herein provided. Without limiting the generality of the foregoing, Tenant shall remove, upon the expiration or earlier termination of this Lease, all cables, conduits, wires, rooftop equipment and all other such installations installed in the Demised Premises by Tenant. If Tenant shall fail to remove its property from the Demised Premises upon the expiration or earlier termination of this Lea se, such property shall be deemed abandoned by Tenant and Landlord shall have the right to remove such property and dispose of same in any manner that Landlord deems appropriate, in its sole and absolute discretion. Landlord shall have no liability to Tenant for such property or any damage thereto as a result of such removal, it being expressly understood and agreed that Landlord may do whatever it wishes with property left in the Demised Premises after the expiration or earlier termination of this Lease. Tenant shall pay be liable to Landlord for all damages, costs and expenses associated with the removal of any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expenseproperty from the Demised Premises. Tenant's obligation to reimburse Landlord for its costs so incurred The provisions of this Section 28.01 shall survive the expiration or earlier termination of this Lease. 22.0328.02. If Tenant remains in acknowledges that possession of the Leased Property after Demised Premises must be surrendered to Landlord at the expiration or earlier termination of the term of this Lease without the execution of a new lease, the Lease. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Demised Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly Fixed Rent rent and Additional Rent additional rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered therefore agrees that if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property Demised Premises is not surrendered to Landlord within 24 hours after the expiration or earlier termination of the term of this Lease, then, notwithstanding anything to the contrary contained in this Lease, and in addition to any other damages, costs and expenses caused by Tenant 's failure to timely surrender possession of the Demised Premises, including consequential damages, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or sooner termination of the term of this Lease. 22.04, rent at a rate equal to the greater of (a) three hundred percent (300%) of that portion of the Fixed Annual Rent and additional rent that was payable under this Lease for the last month of the term hereof or (b) two hundred percent (200%) of the then fair market rent for the Demised Premises. No agreement to accept a surrender Tenant hereby waives the provisions of all Section 22.01 of the New York Civil Practice Law and Rules or any part of the Leased Property other similar rule now existing or this Lease shall be valid unless hereafter enacted in writing and signed connection with any holdover proceedings instituted by Landlord. No delivery Tenant also hereby waives the provisions of keys New York Real Property Law Section 232(c) or any other similar rule now existing or hereafter enacted. Nothing herein contained shall operate as a be deemed to permit Tenant to retain possess ion of the Demised Premises after the expiration or sooner termination of the term of this Lea se. The provisions of this Sect ion 28.02 shall survive the expiration or earlier termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Millennium Healthcare Inc.)

Surrender of Premises. 22.01. (a) Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease, Tenant shall quit and surrender to Landlord the Premises and every part thereof (including Landlord’s Property) and all alterations, additions and improvements thereto, as approved by Landlord, broom clean and in good condition and state of repair, reasonable wear and tear only excepted. Moreover, Tenant shall remove all personal property, equipment, and all alterations, additions and improvements not accepted by Landlord, which it has placed upon the Premises, and Tenant shall repair any damage resulting therefrom. If Tenant fails to repair any damage to the Premises or fails to surrender the Premises broom clean and in good condition and state of repair (less reasonable wear and tear), then Landlord, in addition to any other remedy set forth in this Lease, may cause such damages to be repaired and the Premises to be so cleaned and, upon demand, Tenant immediately shall reimburse Landlord for all costs and expenses incurred by Landlord to remedy the same. 22.03. (b) If Tenant remains in possession after expiration or termination of the Leased Property after Lease Term with or without Landlord’s written consent, then Tenant shall become a tenant at sufferance, and there shall be no renewal of this Lease by operation of law. During the period of any such holding over, all provisions of this Lease shall be and remain in effect. The monthly rent for any holdover period shall be the Rent due for the prior 12 month period plus 50%, divided by 12 months; and, the monthly rent due during any holdover period shall be fully earned and due on the first day of each month encompassing the holdover period and shall not be prorated for any partial month of occupancy. (c) The terms of this Paragraph expressly shall survive the termination of this Lease without and the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month expiration of the Lease Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement

Surrender of Premises. 22.01. Upon At the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If , Landlord may, at Landlord’s election, demand the removal from the Premises of all fixtures and improvements (including without limitation all Building improvements), or of certain fixtures or improvements or both, provided, however, that Tenant remains shall not have any obligation to remove the initial Tenant Improvements generally described in possession of the Leased Property after the termination of this Lease without the execution of a new leaseExhibit B; otherwise, the parties recognize and agree that the damage Tenant shall surrender to Landlord will be substantialthe Premises and all alterations and additions thereto broom clean and in good order, will exceed repair and condition (except for ordinary wear and tear). Tenant shall remove all personal property and trade fixtures prior to the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month expiration of the Term, subject including any signs, notices and displays placed by Tenant. Tenant shall perform all reasonably necessary restoration, including, without limitation, restoration made reasonably necessary, by the removal of Tenant’s personal property or trade fixtures prior to all the expiration or termination of this Lease. Tenant shall have no obligation to change the other character of or possible uses for the Building. Landlord can elect to retain or dispose of, in any manner, any alterations, utility installations, trade fixtures or personal property that Tenant is obligated to remove pursuant to the terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting and does not remove from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of Lease Term as allowed or required by this Lease. 22.04. No agreement Title to accept a surrender any such alterations, utility installations, trade fixtures or personal property (which was not removed by Tenant as required in this Lease) that Landlord elects to retain or dispose of all or any part on expiration of the Leased Property Lease Term shall automatically vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such alterations, utility installations, trade fixtures or personal property (not removed by Tenant as required in this Lease Lease). Tenant shall be valid unless in writing liable to Landlord for Landlord’s costs for storing, removing and signed by Landlord. No delivery disposing of keys shall operate as a termination of this Lease any alterations, utility installations, trade fixtures or a surrender of the Leased Property or personal property that Tenant was required to remove under this Lease, and shall indemnify and hold Landlord harmless from the claim of any third party to an interest in such alterations, utility installations, trade fixtures or personal property.

Appears in 1 contract

Sources: Multi Tenant Industrial Lease (Resonant Inc)

Surrender of Premises. 22.01. (a) Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyAgreement, Tenant immediately shall at Tenant's expense quit and surrender the Leased Property Premises to Landlord, vacant, broom clean and deliver the same to Landlord in good orderorder and condition, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay remove all of its furniture, furnishings, movable equipment and trade fixtures. Any property that Tenant shall be required to remove pursuant to the preceding sentence and that it shall fail to remove upon the expiration or termination of the lease granted by this Agreement shall be deemed abandoned and shall become the property of Landlord and may be removed and disposed of by Landlord without accountability to Tenant and at Tenant's sole cost and expense. If any insurance proceeds received by Tenant attributable to damage to the Leased Property to Premises or the extent Building results from the removal of such proceeds have not been used to restore property (whether such items removal is performed by Landlord or Tenant), Tenant shall repair such damage or, in accordance with this Leasedefault thereof, shall reimburse Landlord for the cost of repairing such damage. 22.02. Any items which (b) If Tenant shall remain in possession of the Leased Property Premises after the Expiration Date, without the execution by both Tenant and Landlord of a lease or after an earlier termination datenew agreement for the occupancy of the Premises, mayTenant, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option election of Landlord, shall be deemed to be occupying the Leased Property Premises as a tenant from month to month-to-month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the TermRent, subject to all of the other terms conditions, provisions and obligations of this Lease Agreement insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and . (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant Subject to Landlord's compliance with the notice requirements and grace periods provided in this Agreement, Tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession hereby does waive service of the Leased ten-day notice to quit under section 713 of the New York Real Property after Actions and Proceedings Law ("RPAPL") and all rights Tenant may have to a stay of proceedings under Article 7 of the RPAPL. Tenant also waives service of all petitions or notices of petition under Article 7 of the RPAPL and consents to the commencement of a special proceeding under section 713 subdivision 7 of the RPAPL by an order to show cause returnable within two days. Tenant hereby consents to final judgment and issuance of a warrant under Article 7 of the RPAPL directing immediate removal of Tenant from the Premises upon the expiration or sooner termination of the term of lease granted by this LeaseAgreement. 22.04. No agreement to accept a surrender of all (d) Tenant's obligations under this Paragraph 16 shall survive the expiration or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of Agreement and the Leased Property or this Leaselease granted hereby.

Appears in 1 contract

Sources: Short Term Lease Agreement (Maxi Group Inc)

Surrender of Premises. 22.01. Upon On the expiration last day, or sooner earlier permitted termination of this Lease or upon re-entry by Landlord upon the Leased Propertylease term, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord leased premises in good order, and orderly condition and repair, ordinary repair (reasonable wear and tear tear, and damage by fire or other casualty excepted) and shall deliver and surrender the leased premises to the Landlord peaceably, together with all alterations, additions and improvements in, to or on the leased premises made by Tenant as permitted under the lease. The Landlord reserves the right, however, to require the Tenant at its cost and expense to remove any alterations or improvements installed by the Tenant and not permitted or consented to by the Landlord pursuant to the terms and conditions of the lease, so as to restore the leased premises to the condition found at the inception of the lease term, which covenant by Tenant shall pay survive the surrender of the leased premises as provided hereunder. Prior to Landlord any insurance proceeds received the expiration of the lease term the Tenant shall remove all of its property, fixtures, equipment and trade fixtures from the leased premises. All property not removed by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed abandoned by Tenant, and Landlord reserves the right to be occupying charge the Leased Property as a tenant from month to monthreasonable cost of removal, at a monthly rental equal to two storage and one-half times the Fixed Rent and Additional Rent payable during the last month disposal of the Termsame to the Tenant, subject to all which obligation shall survive the lease termination and surrender hereinabove provided. If the leased premises be not surrendered at the end of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Furtherlease term, Tenant hereby indemnifies shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Propertyleased premises including, including (a) without limitation, any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such on the delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Andrx Corp)

Surrender of Premises. 22.01. (a) Upon the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease, Tenant shall quit and surrender to Landlord the Premises and every part thereof (including Landlord’s Property) and all alterations, additions and improvements thereto, as approved by Landlord, broom clean and in good condition and state of repair, reasonable wear and tear only excepted. Moreover, Tenant shall remove all personal property, equipment, and all alterations, additions and improvements not accepted in writing by Landlord, which it has placed upon the Premises, and Tenant shall repair any damage resulting therefrom. If Tenant fails to repair any damage to the Premises or fails to surrender the Premises broom clean and in good condition and state of repair (less reasonable wear and tear), then Landlord, in addition to any other remedy set forth in this Lease, may cause such damages to be repaired and the Premises to be so cleaned and, upon demand, Tenant immediately shall reimburse Landlord for all costs and expenses incurred by Landlord to remedy the same. 22.03. (b) If Tenant remains in possession after expiration or termination of the Leased Property after Lease Term with or without Landlord’s written consent, then Tenant shall become a tenant at sufferance, and there shall be no renewal of this Lease by operation of law. During the period of any such holding over, all provisions of this Lease shall be and remain in effect. The monthly rent for any holdover period shall be the Rent due for the prior 12 month period plus 50%, divided by 12 months; and, the monthly rent due during any holdover period shall be fully earned and due on the first day of each month encompassing the holdover period and shall not be prorated for any partial month of occupancy. (c) The terms of this Paragraph expressly shall survive the termination of this Lease without and the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month expiration of the Lease Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement

Surrender of Premises. 22.01. Upon On the expiration last day, or sooner earlier permitted termination of this Lease or upon re-entry by Landlord upon the Leased Propertylease term, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord leased premises in good order, and orderly condition and repair, ordinary repair (reasonable wear and tear tear, and damage by fire or other casualty excepted) and shall deliver and surrender the leased premises to the Landlord peaceably, together with all alterations, additions and improvements in, to or on the leased premises made by Tenant as permitted under the lease. The Landlord reserves the right, however, to require the Tenant at its cost and expense to remove any alterations or improvements installed by the Tenant and not permitted or consented to by the Landlord pursuant to the terms and conditions of the lease, which covenant shall survive the surrender and the delivery of the leased premises as provided hereunder. Prior to the expiration of the lease term the Tenant shall pay to Landlord any insurance proceeds received remove all of its property, fixtures, equipment and trade fixtures from the leased premises. All property not removed by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, tenant shall be deemed abandoned by Tenant, and Landlord reserves the right to charge the reasonable cost of such removal to the Tenant, which obligation shall survive the lease termination and surrender hereinabove provided. If the leased premises be occupying not surrendered to the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month end of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Furtherlease term,, Tenant hereby indemnifies shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Propertyleased premises, including (a) including, without limitation any claims made by any purchaser or prospective purchaser, succeeding tenant founded on the delay. In addition thereto, Tenant shall pay to Landlord a sum equal to two times the then economic market rent and Additional Rent for each day of holdover, or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord then existing statutory penalty as may be required to make imposed in accordance with Statutory Law of the State of new Jersey, whichever is greater. The foregoing covenant shall not be deemed as a consent by Landlord to any purchaser such holdover nor shall it be construed to constitute consent to the creation of a tenancy or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor permitted use and occupancy by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Diamond Entertainment Corp)

Surrender of Premises. 22.01Section 15.1. Upon At the expiration or earlier termination of the Term, Tenant shall promptly surrender, in the same condition, order and repair in which they are required to be kept throughout the term hereof, the Premises and all Improvements, Alterations and additions thereto, and all fixtures and equipment servicing the Premises, ordinary wear and tear excepted, free and clear of all occupancies, lettings, liens and encumbrances. Tenant shall also execute all legal instruments necessary to document the transfer of the Improvements and any buildings on the Premises if necessary. Tenant's obligations under this Section shall survive the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with Term of this Lease. 22.02Section 15.2. If Tenant, or any person claiming through Tenant, shall continue to occupy the Premises after the expiration or earlier termination of the Term or any renewal thereof, such occupancy shall be deemed to be under a month-to-month tenancy under the same terms and conditions set forth in this Lease; except, however, that the Fixed Minimum Rent during such continued occupancy shall be 1.50 times the amount due in the last year of the Term. Anything to the contrary notwithstanding, any holding over by Tenant without ▇▇▇▇▇▇▇▇'s prior written consent shall constitute a default hereunder and shall be subject to all the remedies set forth in Article 23 hereof. Section 15.3. Any items personal property of Tenant which shall remain in on the Leased Property Premises after the Expiration Date, expiration or after an earlier termination date, of this Lease may, at the option of the Landlord, be deemed to have been abandoned, abandoned by Tenant and in such case such items may either be retained by Landlord as its property or be disposed of by Landlord, without accountability, accountability in such manner as Landlord may see fit. If Landlord disposes of such property, Tenant shall determine at Tenant's expensepay to Landlord, as Additional Rent under this Lease, all costs incurred in connection with such disposal. Section 15.4. Tenant's obligation Landlord shall not be responsible for any loss or damage occurring to reimburse Landlord for its costs so incurred any property owned by Tenant which shall survive remain on the Premises after the expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the earlier termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies releases Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser for such loss or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leasedamage. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Ground Lease Agreement

Surrender of Premises. 22.0130.1. Upon the expiration or sooner other termination of the term of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition the Premises and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountabilityshall, in such manner as Landlord shall determine at all events, remove all of Tenant's expensePersonal Property as herein provided. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 22.0330.2. If Tenant remains in fails to surrender possession of the Leased Property after Premises upon the expiration or other termination of the term of this Lease without the execution of a new leaseLease, the parties recognize and agree that the damage Landlord may elect by notice to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, thereforeto treat Tenant as a holdover and, at the option of Landlordin all events, Tenant shall be deemed obligated to be occupying the Leased Property as a tenant from month pay in addition to month, at a monthly rental equal to two and one-half times the Fixed Rent and all Additional Rent payable during hereunder, minimum rent at a rate per diem equal to the last month greater of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, one hundred twenty-five (b125%) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part percent of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as Base Rent payable immediately preceding the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration Expiration Date or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all , or any part (b) one hundred twenty-five percent (125%) of the Leased Property or this Lease shall be valid unless in writing and signed fair market rental value for the Premises during the holdover period. Notwithstanding such election by Landlord. No delivery of keys shall operate as a , if the Premises are not surrendered upon the expiration or other termination of the term of this Lease Lease, then Tenant shall indemnify and hold harmless Landlord against and from any loss, costs, liability or a expenses (including attorneys' fees) resulting therefrom, including any claims made by any succeeding Tenant founded upon such delay; provided, however, (i) Landlord shall have the right to seek to recover from Tenant any consequential or punitive damages occasioned by such holding over by Tenant and (ii) Landlord shall have no duty to mitigate any such damages incurred in connection with Tenant's failure to surrender possession of the Leased Property or Premises pursuant to this Lease. 30.3. If Tenant shall vacate the Premises at any time during the last month of the term of this Lease, then Landlord may after five (5) days prior written notice to Tenant enter and alter, renovate and redecorate the Premises, without elimination, diminution or abatement of rent, or incurring liability to Tenant for any compensation, and such acts by

Appears in 1 contract

Sources: Lease Agreement (Sports Club Co Inc)

Surrender of Premises. 22.01. Upon Subject to the expiration terms and conditions of Section 10.4, Tenant shall, at the end of the Lease Term, or sooner termination any extension thereof, promptly surrender the Premises in good broom clean condition have removed all equipment and personal property and in conformity with the applicable provisions of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary excepting only reasonable wear and tear and damage by fire or other casualty and eminent domain excepted. For purposes of confirmation herein, Tenant, at its sole cost and expense, shall be required to remove the Laboratory Equipment as part of its surrender obligations. Upon the expiration or earlier termination of this Lease, and prior to Tenant vacating the Premises, Landlord and Tenant shall jointly inspect the Premises and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained amount estimated by Landlord as necessary to put the Premises in such order and condition. Any work required to be done by Tenant prior to its property or disposed vacating of the Premises which has not been completed upon such vacating of the Premises, shall be completed by Landlord and billed to Tenant. Tenant shall also, prior to vacating the Premises, pay to Landlord the amount, as reasonably estimated by Landlord, without accountability, in of Tenant’s obligation hereunder of Additional Rent. All such manner as Landlord amounts shall determine at Tenant's expense. Tenant's obligation to reimburse be used and held by Landlord for its payment of such obligations of Tenant hereunder, with Tenant being liable for any additional costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of therefor upon demand by Landlord, shall be deemed or with any excess to be occupying the Leased Property as a tenant from month returned to month, at a monthly rental equal to two Tenant after all such obligations have been determined and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leasesatisfied, as the case may be. Any Security Deposit held by Landlord shall be credited against the amount payable by Tenant under this Section 25 to the extent determined prior to the date that Landlord is required to return the Security Deposit to Tenant. If Tenant abandons or surrenders the Premises, or is dispossessed by process of law or otherwise, Tenant shall remove its negotiation therefor by reason of Personal Property from the Premises. If Tenant fails to remove its Personal Property, Landlord, may (without liability to Tenant for loss thereof), at Tenant's delay ’s sole cost and expense and in so surrendering the Leased Property addition to Landlord’s other rights and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of remedies under this Lease. 22.04, at law or in equity remove and store such items; and/or upon fifteen (15) days prior written notice to Tenant, sell such items at private or public sale for such price as Landlord at its discretion may obtain. No agreement Landlord shall apply the proceeds of any such sale to accept a surrender of all or any part of the Leased Property or amounts due to Landlord under this Lease shall from Tenant (including Landlord’s attorneys’ fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Leasepaid to Tenant.

Appears in 1 contract

Sources: Lease Agreement (Verastem, Inc.)

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after the termination of Term or any renewal thereof falls on Saturday or Sunday this Lease without shall expire on the execution of a new leasebusiness day immediately preceding. 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within fourteen (14) days after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedies Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half (2) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Viatel Inc)

Surrender of Premises. 22.01. HOLDING OVER Upon expiration of the expiration term or sooner the termination of this Lease or upon re-entry by Landlord upon the Leased Propertyof Tenant's right of possession, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises and all tenant improvements and alterations (except alterations which Tenant has the right or obligation to remove) in good ordercondition, condition and repair, except for ordinary wear and tear tear. RIDER NO. 41 Tenant shall remove all personal property including, without imitation, all wallpaper, paneling and other decorative improvements or fixtures and shall perform all restoration made necessary by the removal of any alterations or Tenant's personal property before the expiration of the term, including for example, restoring all wall surfaces to their condition prior to the commencement of this Lease. RIDER NO. 42 Landlord can elect to retain or dispose of in any manner Tenant's pe▇▇▇▇▇▇ property not removed from the Premises by Tenant prior to the expiration of the term. Tenant waives all claims against Landlord for any damage by fire to Tenant resulting from Landlord's ▇▇▇ention or other casualty excepteddisposition of Tenant's pe▇▇▇▇▇▇ property. Tenant shall pay be liable to Landlord any insurance proceeds received by for Landlord's costs for storage, removal or disposal of Tenant's personal property. If Tenant attributable to damage to fail▇ ▇▇ ▇urrender the Leased Property to Premises upon the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in expiration of the Leased Property after the Expiration Dateterm, or after an earlier termination date, may, at upon the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03Lease or of Tenant's right of possession, Tenant shall defend, indemnify and hold Landlord harmless from all resulting loss or liability, including without limitation, any claim made by any succeeding tenant founded on or resulting from such failure. If Tenant Tenant, with Landlord's ▇▇▇▇▇▇▇, remains in possession of the Leased Property Premises after the termination expiration of this Lease without the execution of a new leaseLease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, such possession by Tenant shall be deemed to be occupying the Leased Property as a tenant from month-to-month to monthtenancy terminable on written 30-day notice at any time, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms by either party. All provisions of this Lease insofar as Lease, except those pertaining to term and rent, shall apply to the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant shall pay Base Monthly Rent in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required an amount equal to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part 150% of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as Base Monthly Rent for the case may be, or its negotiation therefor by reason last full calendar month during the regular term plus 100% of said last month's estimate of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed share of Expenses pursuant to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this LeaseSection 4.3(3). 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Industrial/Business Park Lease (Medicalogic Inc)

Surrender of Premises. 22.01. Upon At the expiration or sooner termination of this Lease or upon re-entry by Landlord upon the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord in good order, condition and repair, ordinary wear and tear and damage by fire or other casualty excepted. Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03Agreement, the Tenant shall surrender the Premises to Owner, in a condition equal to the condition of the Premises at the beginning of this Agreement, reasonable use and wear and damage by elements excepted. Denial of Access. If the Tenant remains in possession shall default under the terms of this Agreement, Owner may deny access to the Premises by placing lock or denying access-code information to the Tenant until all defaults are cured pursuant to SDCL § 44-14-3(3)(c) and any amendments thereto. Tenant shall pay a service fee of twenty-five dollars ($25.00) to have the locking mechanism removed and/or access removed and/or re-established. Owner’s Lien on all Personal Property. Pursuant to SDCL § 44-14-2, the Owner shall have a lien on all personal property located at the Premises for rent, labor, expenses necessary for the preservation of the Leased Property after property, expenses incurred if it becomes necessary for Owner to commence legal action to collect any sums provided for in this Agreement, and for expenses reasonably incurred in the sale or disposition pursuant to SDCL § 44-14. Abandoned Property. Upon the termination or expiration of this Lease without Agreement, if the execution Tenant should leave property not removed within fifteen (15) days of a new leasenotice given pursuant to SDCL § 44-14-3, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, property shall be deemed to be occupying abandoned and upon compliance with SDCL § 44-14-3, the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month Owner may sell or dispose of the Termproperty, subject and the Owner shall not be responsible to all the Tenant for the theft, removal, damage or destruction of the other terms said property. Disposal Fee. Tenant shall pay an abandoned property disposal charge of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Propertyfifty dollars ($50.00) plus any expenses, including (a) a reasonable amount of attorney fees, incurred by the Owner if it becomes necessary for Owner to commence legal action to collect any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant sums provided for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this LeaseAgreement. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Facility Lease Agreement

Surrender of Premises. 22.0101. Upon Unless otherwise required by Landlord, as provided in this Section 25, upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyLease, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises in good order, condition condition, and repair, ordinary wear and tear and damage by fire or other casualty which is insured against with standard extended coverage endorsements excepted, and, except as otherwise provided in the Lease, shall remove all of Tenant’s property therefrom. 02. Unless otherwise required by Landlord, as provided in this Section 25, upon the expiration or other termination of the Lease, Landlord, ten (10) days after written notice to Tenant, may retain or dispose of any or all improvements, furniture, fixtures or other personal property left remaining upon the Premises upon termination or expiration of the term. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of such property. Tenant shall pay be liable to Landlord for Landlord’s costs for storing, removing and disposing of any insurance proceeds received by Tenant attributable or all of Tenant’s property. 03. All other provisions of the Lease notwithstanding, at Landlord’s option, upon the expiration of the Lease term and upon written notice from Landlord to damage Tenant, given at least thirty (30) days prior to the Leased Property expiration of the Lease term, Tenant shall, at Tenant’s cost and expense, quit and surrender the Premises to Landlord in “Lease Ready Condition,” as described and defined in Section 24.06 hereof. In order to insure that all work required by this Section 25.03 is performed to Landlord’s requirements and specifications, all such work, demolition, construction, reconstruction, repair, replacement, painting, and so forth required in order to place the extent Premises in Lease Ready Condition shall be performed by reputable, professional contractors of Tenant’s choosing, however, all electrical and plumbing work shall be performed by Colorado licensed electricians and plumbers. Furthermore, all such proceeds have work, demolition, construction, reconstruction, repair, replacement, painting and so forth, required to place the Premises in Lease Ready Condition shall be inspected and approved by Landlord prior to acceptance by Landlord, and if such work does not been used meet Landlord’s requirements and specifications, such work shall be brought to restore such items in accordance with this LeaseLandlord’s requirements and specifications prior to being accepted by Landlord. 22.0204. Any items which shall remain in All other provisions of the Leased Property Lease notwithstanding, at Landlord’s option, upon written notice from Landlord to Tenant at any time within sixty (60) days after Landlord takes possession of the Expiration DatePremises as the result of any default or breach of the Lease by Tenant, or after an earlier termination date, Landlord may, at Tenant’s cost and expense, place the option of Landlord, be deemed to have been abandoned, Premises in “Lease Ready Condition,” and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord Tenant shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its all costs so incurred shall survive expiration or termination and expenses of this Lease. 22.03. If Tenant remains in possession of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.work within ten

Appears in 1 contract

Sources: Lease Agreement

Surrender of Premises. 22.01On the last day of the term of this Lease, or on the sooner termination thereof, Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. Upon On or before the expiration last day of the term of this Lease, or the date of sooner termination thereof, Lessee shall, at its sole cost and expense, remove all of its property and trade fixtures and equipment from the Premises, and all property not removed shall be deemed abandoned. Lessee hereby appoints Lessor its agent to remove 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 upon re-entry by Landlord upon loss thereof 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. Lessee shall leave the Leased Property, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord Premises in good order, condition and repair, ordinary reasonable wear and tear and uninsured damage by from fire or and other casualty excepted. Tenant Lessee shall pay reimburse Lessor upon demand for any expenses incurred by Lessor with respect to Landlord any insurance proceeds received 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 Tenant attributable to damage to either Lessor or Lessee upon the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which Premises, shall remain in the Leased Property after property of Lessor and shall be surrendered with the Expiration Date, or after an earlier termination date, may, Premises as a part thereof. If the Premises be not surrendered at the option end of Landlordthe term or sooner termination thereof, be deemed to have been abandonedLessee shall indemnify Lessor against loss or liability resulting from delay by Lessee in so surrendering the Premises, and in such case such items may be retained by Landlord as its property or disposed of by Landlordincluding, without accountabilitylimitation, in claims made by any succeeding tenants founded on such manner as Landlord delay and any attorneys' fees resulting therefrom. Lessee shall determine promptly surrender all keys for the Premises to Lessor at Tenant's expensethe place then fixed for the payment of rent and shall inform Lessor of combinations on any vaults, locks and safes left on the Premises. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration or termination of this Lease. 22.03. If Tenant In the event Lessee remains in possession of the Leased Property Premises after the termination expiration of this Lease Lease, and without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantialbut with Lessor's written consent, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, it shall be deemed to be occupying the Leased Property Premises as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Termto-month, subject to all of the other terms provisions, conditions and obligations of this Lease insofar as the same are can be applicable to a month-to-month tenancy, except that the Base Rent shall be escalated to Lessor's then current base rent for the Premises according to Lessor's then current rental rate schedule for prospective tenants. FurtherIn the event Lessee remains in possession of the Premises after expiration of this Lease and without the execution of a new lease and without Lessor's written consent, Tenant hereby indemnifies Landlord against 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 Tenant Lessee in so surrendering the Leased Property, including Premises as above provided and shall pay a charge for each day of occupancy an amount equal to double the Base Rent and Additional Rent (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as daily basis) then currently being charged by Lessor on new leases in the case may be, by reason of Tenant's delay in so surrendering Office/Warehouse Complex for space similar to the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this LeasePremises. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Office/Warehouse Lease (CSAV Holding Corp.)

Surrender of Premises. 22.01. Upon the expiration or sooner other termination of this Lease or upon re-entry by Landlord upon the Leased PropertyTerm, Tenant shall at Tenant's expense quit and surrender the Leased Property and deliver the same to Landlord the Premises, broom clean, in good order, condition order and repaircondition, ordinary wear and tear and damage by fire or other casualty for which Tenant is not responsible under the terms of this Lease excepted. , and Tenant shall pay to Landlord any insurance proceeds received by Tenant attributable to damage to the Leased Property to the extent such proceeds have not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option remove all of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expensepursuant to Article 3 hereof. Tenant's obligation to reimburse Landlord for its costs so incurred observe or perform this covenant shall survive the expiration or sooner termination of this Lease. 22.03the Term. If Tenant remains in possession the last day of the Leased Property after the termination of Term or any renewal thereof falls on Saturday or Sunday this Lease without shall expire on the execution of a new leasebusiness day immediately preceding. 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 Fixed Rent and Additional installments of the Rent theretofore payable hereunder hereunder, and will be impossible to measure accuratelyaccurately measure. TenantTenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, thereforein addition to any other rights or remedies Landlord may have hereunder or at law, at Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the option Premises after the Expiration Date or sooner termination of Landlordthis Lease, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental sum equal to two and one-half (2) times the Fixed aggregate of that portion of the Rent and Additional Rent the additional rent which was payable under this Lease during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or lease, as the case may be, or its negotiation therefor by reason of Tenant's delay in so surrendering the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate its purchase agreement or lease, as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in retain possession of the Leased Property Premises without Landlord's consent, which may be withheld in Landlord's sole discretion, after the expiration Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the term 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 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Lease Agreement (Nextvenue Inc)

Surrender of Premises. 22.01. Upon the expiration or sooner termination of this Lease Lease, whether by lapse of time or otherwise, or upon re-entry the exercise by Landlord upon of the power to enter and repossess the Leased PropertyPremises without terminating this Lease, as hereinbefore provided, Tenant shall at Tenant's expense quit and once surrender possession of the Leased Property and deliver the same Premises to Landlord in good order, a condition and repairorder of repair substantially similar to its original condition and order of repair upon the commencement of the lease term, ordinary reasonable wear and tear and damage by fire or other events of casualty excepted, and shall at once remove all of Tenant’s personal property and trade fixtures from the Leased Premises. Upon any such termination, Tenant shall pay shall, as directed by Landlord, either remodel any addition to Landlord the Premises constructed by Tenant, so as to facilitate use of such addition for office operations or remove such addition from the Leased Premises. Any such remodeling or removal of any insurance proceeds received by Tenant attributable to damage addition to the Leased Property to the extent Premises shall be made by Tenant at its sole cost and expense. If, upon any such proceeds have termination, Tenant does not been used to restore such items in accordance with this Lease. 22.02. Any items which shall remain in at once surrender possession of the Leased Property after the Expiration Date, or after an earlier termination date, may, at the option Premises and remove such of its property as allowed by Landlord, Landlord may forthwith re-enter and repossess the same and remove all of Tenant’s property without being guilty of trespass or of forceful entry or detainer or without incurring any liability to Tenant for loss or damage to Tenant’s property. Upon any such removal of Tenant’s property, it shall be deemed considered to have been abandoned, abandoned and in such case such items may either be retained by Landlord as its property or may be disposed of at public or private sale as Landlord sees fit. If any such property is either sold at public or private sale or retained by Landlord, without accountability, in the proceeds of any such manner as Landlord shall determine at Tenant's expense. Tenant's obligation to reimburse Landlord for its costs so incurred shall survive expiration sale or termination of this Lease. 22.03. If Tenant remains in possession the then current fair market value of the Leased Property after the termination of this Lease without the execution of a new lease, the parties recognize and agree that the damage to Landlord will be substantial, will exceed the amount of monthly Fixed Rent and Additional Rent theretofore payable hereunder and will be impossible to measure accurately. Tenant, therefore, at the option of Landlord, shall be deemed to be occupying the Leased Property as a tenant from month to month, at a monthly rental equal to two and one-half times the Fixed Rent and Additional Rent payable during the last month of the Term, subject to all of the other terms of this Lease insofar as the same are applicable to a month-to-month tenancy. Further, Tenant hereby indemnifies Landlord against liability resulting from delay by Tenant in so surrendering the Leased Property, including (a) any claims made by any purchaser or prospective purchaser, succeeding tenant or prospective tenant founded upon such delay, (b) any payment or rent concession which Landlord may be required to make to any purchaser or prospective purchaser, succeeding or prospective tenant for all or any part of the Premises in order to induce such purchaser or tenant not to terminate its purchase agreement or leaseproperty, as the case may be, shall be applied by Landlord against Landlord’s expenses of removal, storage or sale of such property, the arrears of rent and other charges or future rent and other charges payable hereunder, and any other damages to which Landlord may be entitled hereunder. Tenant shall repair, at its negotiation therefor by reason of Tenant's delay in so surrendering sole cost and expense, any damage to the Leased Property and (c) any loss suffered if a purchaser or prospective purchaser or succeeding or prospective tenant shall terminate Premises resulting from the removal of its purchase agreement or lease, property as the case may be, or not proceed to close on a purchase or execute and deliver its purchase agreement or lease, as the case may be, by reason of Tenant's delay in so surrendering the Leased Property. Nothing herein contained shall be deemed to permit Tenant to remain in possession of the Leased Property after the expiration or sooner termination of the term of this Leaseallowed hereunder. 22.04. No agreement to accept a surrender of all or any part of the Leased Property or this Lease shall be valid unless in writing and signed by Landlord. No delivery of keys shall operate as a termination of this Lease or a surrender of the Leased Property or this Lease.

Appears in 1 contract

Sources: Commercial Lease Agreement (Advant E Corp)