Surrender of Premises. Except for changes resulting from eminent domain proceedings, at the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2. 1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 Lease Term.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Aei Net Lease Income & Growth Fund Xx Limited Partnership)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 Upon the expiration or other termination of this Lease, Tenant shall quit and surrender to Landlord the Demised Premises and every part thereof and all alterations, additions and improvements thereto, broom clean and in reasonably good condition and state of repair, reasonable wear and tear only excepted. If Tenant is not then in material default, Tenant shall remove all personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises and which Tenant is entitled to remove in accordance with the provisions of this Lease, and Tenant shall restore the Demised Premises to the condition immediately preceding the time of placement thereof. If Tenant shall fail or refuse to remove all of Tenant's effects, personalty and equipment from the Demised Premises upon the expiration or termination of this Lease Termfor any cause whatsoever or upon Tenant being dispossessed by process of law or otherwise, such effects, personalty and equipment shall be deemed conclusively to be abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without written notice to Tenant or any other party and without obligation to account for them. Tenant shall pay Landlord on demand any and all reasonable expenses incurred by Landlord in the removal of such property, including, without limitation, the cost of repairing any damage to the Building or Project caused by the removal of such property and storage charges (if Landlord elects to store such property). The covenants and conditions of this Article 32 shall survive any expiration or termination of this Lease.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, Lessee shall yield immediate and peaceable possession of the Leased Premises to the Company and shall, at such time, return the keys to all locks; said Leased Premises to be surrendered to the Company in as good condition as when received, except for reasonable wear and tear and damage due to casualty or destruction not caused by Lessee or Lessee's employees', agents', or contractors' negligent or willful acts or omissions. Upon the termination or nonrenewal of this Lease, (unless state law provides to the extent contrary) neither the Company nor any incoming Lessee shall be obligated to purchase any of Lessee's inventory, tools, equipment, or supplies; provided, however, that the Company, at its option, may purchase any of such inventory, tools, equipment, or supplies which are not required to be repaired or restored by Tenant under this Lease) exceptedobsolete and are in a current and saleable condition which Lessee purchased from the Company, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures includingreasonable value thereof, but not limited to, equipment, signs, furnishings, inventory , machinery to exceed the cost to Lessee, and other personal propertycredit the amount thereof against any sums due the Company by Lessee. With respect to property items owned by Lessee and not purchased by the Company, as well as any alterations or and improvements, alterations, decorations, or additions', structural or otherwise, made by Lessee, Lessee agrees to remove same immediately from the Leased Premises prior to the end of the Lease and shall repair any and all damage to the Leased Premises caused therebyor occasioned by such removal. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1Lessee may be removed and the Leased Premises restored by the Company at Lessee's expense. In Any property not removed by either party shall become the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 property of the Lease TermCompany and no compensation will be due Lessee therefore.
Appears in 1 contract
Sources: Lease Agreement (Ta Operating Corp)
Surrender of Premises. Except for changes resulting from eminent domain proceedingsOn the Lease Expiration Date, Tenant, at the expiration or sooner termination its sole cost, shall return possession of the Lease Term, Tenant shall surrender the Premises to Landlord in the same condition as the Premises were in upon delivery of possession thereto accordance with Tenant’s obligations under this Lease, reasonable and otherwise in the condition described on Exhibit F attached hereto, ordinary wear and tear and damage due by fire or casualty excepted. Conditions existing as a result of (i) Tenant’s failure to casualty Maintain the Premises or the Project, as required by this Lease, (ii) Tenant’s failure to abide by the terms of this Lease or its default, or (iii) the presence of Hazardous Materials on, in, under or about the Premises, the Project or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises or the Project, shall not be deemed “ordinary wear and tear.” On or before the Lease Expiration Date, Tenant, at its sole cost, shall remove Tenant’s Property from the Project and repair all damage resulting from such removal and restore the Project to good order and condition, subject to the extent not “Alterations; Liens” Section above. If ▇▇▇▇▇▇ fails to remove any of Tenant’s Property as required hereunder, then Landlord may deem all or any part of Tenant’s Property to be repaired or restored by Tenant under this Lease) exceptedabandoned and, and at Landlord’s option, title to Tenant’s Property shall surrender all keys for vest in Landlord, and/or Landlord may at Tenant’s expense remove and/or dispose of any Tenant’s Property in any manner Landlord deems appropriate. If ▇▇▇▇▇▇ does not return possession of the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premisescondition required under this Lease, Tenant shall indemnify pay Landlord against loss or liability all 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termdamages Landlord may suffer.
Appears in 1 contract
Sources: Rental Agreement
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner earlier termination of the Lease TermTerm of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in the same neat and clean condition as 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 were in upon delivery prior to or during the Term of possession thereto under this Lease, reasonable excepting only ordinary wear and tear use and damage due to by fire or other casualty (to the extent not required to be repaired or restored by Tenant for which, under other provisions of this Lease) excepted, Tenant has no responsibility of repair and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premisesrestoration. Tenant shall at such time remove (i) all of Tenant's Trade Fixtures includingRemovable Property and, but not limited toto the extent specified by Landlord at the time of approval of Tenant's Plans or at the time of the Landlord's consent thereto, equipment, signs, furnishings, inventory , machinery , all alterations and other personal property, as well as any alterations additions made by Landlord (in connection with Landlord's Work) or improvements, Tenant and all partitions wholly within the Premises whether made by Landlord or Tenant; and shall repair any damage to the Premises or the Building caused therebyby such removal. Any Tenant's Removable Property which shall remain in the Building or all on the Premises after the expiration or termination of such the Term of this Lease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property not so removed shall, at Landlord's option, become the exclusive property of Landlord or may be disposed of by Landlordin such reasonable manner as Landlord may see fit, at Tenant's sole cost and expense. Without limitation of the foregoing, if not removed by Tenant after receipt upon expiration or earlier termination of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premisesthis Lease, Tenant shall, at its sole cost and expense, (i) remove all exhaust hoods and related duct work (regardless of whether installed as part of Landlord's Work, or otherwise) and (ii) remove all so-called "case work" designated as "to be removed" by Landlord in writing at the time of Landlord's approval of Tenant's Plans from the Premises and shall indemnify Landlord against loss repair any damage to the Building or liability Premises 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination removal of the Lease Termmatters defined in (i) and (ii) hereof (ie. restoring same to condition prior to installation).
Appears in 1 contract
Sources: Sublease (Genomic Solutions Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedingsREMOVAL OF PROPERTY
(a) The voluntary or other surrender of this Lease by Tenant to Landlord, or a mutual termination hereof, shall not work a merger, and shall at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies affecting the Premises.
(b) Upon the expiration of the Term of this Lease, or sooner upon any earlier termination of the Lease Termthis Lease, Tenant shall quit and surrender possession of the Premises to Landlord in the same as good order and condition as the Premises were in upon delivery of possession thereto under this Leasesame are now and hereafter may be improved by Landlord or Tenant, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) repairs which are Landlord's obligation excepted, and shall surrender all keys for shall, without expense to Landlord, remove or cause to be removed from the Premises to Landlord all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, moveable partitioning, telephone and data cabling and other articles of personal property owned by Tenant or installed or placed by Tenant at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, its own expense in the Premises. , and all similar articles of any other persons claiming under Tenant unless Landlord exercises its option to have any subleases or subtenancies assigned to it, and Tenant shall at such time remove repair all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any resulting from the installation and removal of such items to be removed.
(c) Whenever Landlord shall reenter the Premises as provided in Article 12 hereof, or as otherwise provided in this Lease, any property of Tenant not removed by Tenant upon the expiration of the Term of this Lease (or within forty-eight (48) hours after a termination by reason of Tenant's default), as provided in this Lease, shall be considered abandoned and Landlord may remove any or all of such property not so removed shallitems 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, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of storing any such repairproperty after it has been stored for a period of ninety (90) days or more, Landlord may do so sell any or all of such property at public or private sale, in such manner and Tenant shall reimburse Landlord at such times and places as Landlord, in its sole discretion, may deem proper, without notice or to demand upon Tenant, for the amount thereof within five payment of all or any part of such charges or the removal of any such property, and shall apply the proceeds of such sale as follows: first, to the cost and expense of such sale, including reasonable attorneys' fees and costs for services rendered; second, to the payment of the cost of or charges for storing any such property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and fourth, the balance, if any, to Tenant.
(5d) days after receipt All fixtures, equipment, leasehold improvements, Alterations and/or appurtenances attached to or built into the Premises prior to or during the Term, whether by Landlord or Tenant and whether at the expense of a bill therefore. ▇▇ Tenant Landlord or Tenant, or of both, shall so surrender be and remain part of the Premises, Tenant Premises and shall indemnify Landlord against loss or liability resulting from the delay not be removed by Tenant in so surrendering at the 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 end of the Term unless otherwise expressly provided for in this Lease Termor unless such removal is required by Landlord. Such fixtures, equipment, leasehold improvements, Alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, security systems electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations.
Appears in 1 contract
Sources: Standard Multi Tenant Industrial Lease (Patriot Scientific Corp)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner termination of the Term and if Tenant has fully and faithfully performed all of the terms, conditions and covenants of this Lease Termto be performed by Tenant, but not otherwise, Tenant shall, at its sole cost and expense, remove from the Premises its interior and exterior signs and all of its movable trade fixtures and equipment, and other items Tenant has installed or placed on the Premises which have not become the property of Lessor pursuant to Section 4 (all of which are hereinafter referred to as “Tenant’s Property”). Tenant shall repair all damage thereto resulting from such removal and Tenant shall thereupon surrender the Premises in the same condition as they were on the Premises were in upon delivery of possession thereto under this LeaseCommencement Date, reasonable wear and tear tear, damage by unavoidable casualty, and damage due to casualty (to items expressly allowed by Lessor, excepted. If Tenant has not fully and faithfully performed all of the extent not required terms, conditions and covenants of this Lease to be repaired or restored performed by Tenant, Tenant under this Lease) excepted, and shall surrender all keys for nevertheless remove Tenant’s Property from the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant manner aforesaid within fifteen (15) days after receipt of written notice direction to do so from Landlord pursuant to Section 7.2.
1Lessor, but shall otherwise leave Tenant’s Property on the Premises. In the event Tenant shall fail to pay remove any of Tenant’s Property as provided herein, Lessor may, but is not obligated to, at Tenant’s expense, remove all or part of Tenant’s Property not so removed and repair all damage to the cost of Premises resulting from such removal and may, but is not obligated to, at Tenant’s expense store the same in any such repairpublic or private warehouse, Landlord may do so and Lessor shall have no liability to Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against any loss or liability damage to Tenant’s Property or floor coverings caused by or 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. Tenant's obligation to observe removal or perform this covenant shall survive the expiration or other termination of the Lease Termotherwise.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration or sooner termination of this Lease or the Lease Termtermination of Tenant’s right of possession, Tenant shall surrender immediately deliver to Landlord the Premises with all improvements located thereon in the same condition as the Premises were in upon delivery of possession thereto under this Leasegood repair and condition, reasonable wear and tear excepted (and condemnation and Casualty damage due not caused by Tenant, as to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) exceptedwhich Sections 16 and 17 shall control), and shall surrender deliver to Landlord all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused therebyand access cards to the Building. Any Subject to any lien rights, security interest or all other rights of such property not so removed Landlord in connection with an Event of Default, Tenant shall, at Landlord's optionits sole cost, become remove all trade fixtures, furniture, and personal property owned or otherwise placed in the exclusive property of Landlord or be disposed of Premises by Landlord▇▇▇▇▇▇. Additionally, at Tenant's Landlord’s request, Tenant shall, at its sole cost and expense, if not removed promptly remove from the Premises and the Building such alterations, additions, and improvements installed by Tenant after receipt or on behalf of written notice from Landlord pursuant to Section 7.2.
1Tenant. In the event Tenant shall fail repair, at Tenant’s sole cost, all damage caused by any removal required hereunder. To the extent Tenant fails to perform the foregoing obligations in a timely manner, Landlord may, at ▇▇▇▇▇▇▇▇’s election, remove any items remaining and repair all damage caused thereby and Tenant shall pay the cost therefor. At Landlord’s election, any items remaining shall be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such repairitems, Landlord may do so all at Tenant’s sole cost and expense. If Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender vacates the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering be deemed to have peacefully surrendered the Premises including, without limitation, any claims made by any succeeding occupant founded on such delayto Landlord notwithstanding that Tenant may have failed to fully perform its obligations under this Section. Tenant's obligation to observe or perform The provisions of this covenant Section shall survive the expiration or other termination end of the Lease Term.
Appears in 1 contract
Sources: Lease Agreement
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration or sooner earlier termination of the this Lease Termor Tenant's right of possession hereunder, Tenant shall remove all Tenant's Property (unless otherwise agreed to by the parties) from the Premises and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition as the Premises were in upon delivery of possession thereto under this Leaseand repair, reasonable ordinary wear and tear and casualty damage due to casualty (but only to the extent not required of insurance proceeds received by Landlord relative to be repaired or restored by Tenant under this Leasesuch casualty) excepted, and shall surrender all keys for the Premises . If Tenant fails to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all any of Tenant's Trade Fixtures includingProperty within five (5) days after the termination of this Lease or Tenant's right to possession hereunder, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed shall be entitled to remove and/or store such Tenant's Property in any lawful manner and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand any and all expenses caused by such removal and all storage charges against such property so long as the same shall be in the possession of Landlord or under the control of Landlord. In addition, if, after the termination of this lease, Tenant fails to remove any Tenants Property from the Premises or storage, as the case may be, within ten (10) days after receipt of written notice from Landlord pursuant Landlord, Landlord, at its option, may deem all or any part of such Tenant's Property to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay have been abandoned by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation and title thereof shall immediately pass to observe or perform this covenant shall survive the expiration or other termination of the Lease TermLandlord.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner earlier termination of the Lease Term, Tenant shall peaceably quit and surrender to Landlord the Premises in the condition in which the same condition are required to be kept pursuant to Section 9.2, together with the Initial Work, and all Alterations (except as the Premises were in upon delivery hereinafter provided), excepting only ordinary wear and use and damage by fire or other casualty, and/or condemnation for which, under other provisions of possession thereto under this Lease, reasonable wear and tear and damage due Tenant has no responsibility to casualty repair or restore. Upon such expiration or earlier termination of the Term, Tenant shall remove from the Premises (i) all of Tenant’s Removable Property, (ii) to the extent not required to be repaired or restored specified by Tenant under this Lease) exceptedLandlord in writing at the time of their installation, any Alterations, other than the Initial Work, excluding the Expansions, and shall surrender all keys for partitions wholly within the Premises to unless installed initially by Landlord at in preparing the place then fixed Premises for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, ’s occupancy; and shall repair any damage to the Premises or the Buildings caused therebyby such removal, and (iii) all telecommunications lines and cabling installed by Tenant within the Premises or elsewhere in the Buildings to the extent exclusively serving the Premises. Any Tenant’s Removable Property which shall remain in the Buildings or all on the Premises after the expiration or earlier termination of such the Term and surrender of the Premises by the Tenant, its assignees and subtenants, shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property not so removed shall, at Landlord's option, become the exclusive property of Landlord or may be disposed of by Landlordin such manner as Landlord may see fit, at Tenant's ’s sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 Lease Term.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner termination of the Lease TermTerm hereof, Tenant shall surrender shall, upon written demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all due diligence, remove any and all alterations, additions, or improvements to the Premises made by Tenant which remain Tenant’s property as described beloware designated by Landlord to be removed, so that the Premises shall be surrendered upon expiration of the Lease in the same condition as in which they were delivered to Tenant, together with such alterations, additions and improvements to the Premises were in as Landlord shall not have designated be removed upon delivery termination of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall shall, forthwith and with all due diligence, at such time remove all of Tenant's Trade Fixtures includingits sole cost and expense, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises and other portions of the Project caused thereby. Any or all of by such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expenseremoval or, if not removed by Tenant after receipt Landlord so requests, pay to Landlord Landlord’s reasonable estimate of written notice from Landlord pursuant to Section 7.2.
1the cost thereof. In addition, upon expiration or sooner termination of the event Term hereof, Tenant shall fail remove its exterior sign and repair the parapet upon which such sign was erected, and pay to pay Landlord its reasonable estimate of the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender revenue that will be lost from the Premises, Tenant shall indemnify and other consequential damages (if any) that Landlord against loss may suffer as a result of such removal (or liability resulting from Tenant’s failure to comply with the delay obligations undertaken by Tenant it as set forth in so surrendering the 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 Lease TermParagraph 10.
Appears in 1 contract
Sources: Lease Agreement
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to whether by forfeiture, lapse of time or otherwise, or upon the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all termination of Tenant's Trade Fixtures right to possession of the Premises, Tenant will at once surrender and deliver up the Premises, together with the fixtures (other than trade fixtures), additions and improvements which Landlord has notified Tenant, in writing, that Landlord will require Tenant not to remove, to Landlord in good condition and repair (including, but not limited to, equipmentreplacing all light bulbs and ballasts not in good working condition) and in the condition in which the Premises existed as of the Commencement Date, signs, furnishings, inventory , machinery , except for reasonable wear and other personal property, as well as any alterations or improvements, tear. Reasonable wear and tear shall repair not include any damage or deterioration to the floors of the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting arising from the delay by Tenant in so surrendering use of forklifts in, on or about the Premises (including, without limitation, any claims made marks or stains of any portion of the floors), and any damage or deterioration that would have been prevented by any succeeding occupant founded on proper maintenance by Tenant or Tenant otherwise performing all of its obligations under this Lease. Upon such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease, Tenant shall remove all tenant signage, trade fixtures, furniture, furnishings, personal property, additions, and other improvements unless Landlord requests, in writing, that Tenant not remove some or all of such fixtures (other than trade fixtures), additions or improvements installed by, or on behalf of Tenant or situated in or about the Lease Term.Premises. By the date which is one hundred eighty (180) days prior to such termination of this Lease, Landlord shall notify Tenant in writing of those fixtures (other than trade fixtures), alterations, additions and other improvements which Landlord shall require
Appears in 1 contract
Sources: Lease Agreement (Jabil Circuit Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at On the expiration or sooner termination last day of the Lease Termterm hereof or on any sooner termination, Tenant shall surrender the Premises to Landlord in the same condition as the Premises were in upon delivery of possession thereto under this Leasewhen received, reasonable ordinary wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, clear and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment free of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premisesdebris. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused therebyoccasioned by the installation or removal of Tenant's trade fixtures, furnishings and equipment. Any If Tenant fails to remove any of Tenant's personal property on or all before the expiration or earlier termination of such property not so removed shallthis Lease, at Landlordor ▇▇▇▇▇▇'s optionright to possession hereunder, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, shall be entitled to re-enter the Premises and remove and/or store such personal property, using such force as may be necessary without being guilty of forcible entry, detainer, trespass or other tort, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upon demand, any and all reasonable expenses caused by such removal and all storage charges against such property so long as the same shall be in possession of Landlord or under the control of Landlord. In addition, if not removed by Tenant fails to remove any such personal property from the Premises or storage, as the case may be, within ten (10) days after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repairLandlord, Landlord at its option, may do so deem all or any part of such personal property to have been abandoned by ▇▇▇▇▇▇ and Tenant title thereof shall reimburse immediately pass to Landlord for the amount thereof within five (5) days after receipt of under this Lease as by a bill therefore. ▇▇ Tenant shall so surrender the Premises, 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. of sale Tenant's obligation to observe or perform this covenant these covenants shall survive the expiration or other termination of the Lease TermTerm of this Lease.
Appears in 1 contract
Sources: Industrial Lease (PishPosh, Inc.)
Surrender of Premises. Except SECTION 27.01. Upon the expiration or other termination of this Lease for changes resulting from eminent domain proceedingsany cause whatsoever, Tenant shall peaceably and quietly deliver up to the Landlord possession of the Premises, together with all alterations, improvements, additions or fixtures, whether installed before or after the execution of this Lease and by whomsoever made, in as good order and condition as the same are at the commencement of the Term of this Lease or as thereafter altered by Landlord or Tenant, reasonable use and wear thereof, fire, casualty and repairs which are Landlord's obligations excepted. If Landlord gives written notice to Tenant to remove any alterations, improvements, additions or fixtures pursuant to Article 13 hereof, Tenant shall remove them. Tenant's goods, effects, personal property, business and trade fixtures, machinery and equipment not removed by Tenant at the expiration or sooner other termination of the this Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required or commenced to be repaired or restored removed within seven (7) days after a termination by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all reason of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations default) shall be considered abandoned or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed and Landlord may dispose of by Landlordsame as it deems expedient, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event but Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall promptly reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premisesany expenses incurred by Landlord in connection therewith, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, the cost of removal thereof and repairing any claims made damage occasioned by any succeeding occupant founded on such delayremoval. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease TermTerm of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Freemarkets Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration or sooner termination of the Lease Termtenancy hereby created, --------------------- Tenant shall surrender the Demised Premises in the same condition as the Demised Premises were in existed upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Demised Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , its trade fixtures and other personal property, as well as any alterations or improvements, improvements made by Tenant which Landlord requests to be removed before surrendering the Demised Premises as aforesaid and shall repair any damage to the Demised Premises caused thereby. Any or all thereby returning the Demised Premises to such condition that existed prior to the installation of such property not so removed shallalterations or improvements, at Landlord's optionreasonable wear and tear excepted. If the Tenant fails to remove such items front the Demised Premises prior to the date of termination of this Lease, all such alterations, decorations, additions and improvements shall become the exclusive property of the Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from unless Landlord pursuant elects to Section 7.2.
1. In the event require their removal in which case Tenant shall fail promptly remove same and restore the Demised Premises to pay the cost its prior condition normal wear and tear excluded. Should Tenant not effectuate timely removal of any such repairfixtures or alterations requested by Landlord to be removed, then Landlord may do so and effectuate the same whereupon Tenant shall reimburse Landlord agrees to pay for the amount thereof within five (5) days after receipt of a bill expanses incurred therefore. ▇▇ Tenant shall so surrender the Premises, 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.this Lease
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings(a) Tenant shall, at least one hundred twenty (120) days before the expiration last day of the term hereof, give to Landlord a written notice of intention to surrender the Premises on that date, but nothing contained herein or in the failure of Tenant to give such notice shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant.
(b) At the end of the term or any renewal thereof or other sooner termination of this Lease, the Lease TermTenant will peaceably deliver up to the Landlord possession of the Premises, Tenant shall surrender together with all improvements or additions upon or belonging to the Premises same, by whomsoever made, in the same condition as the Premises were in upon delivery of possession thereto under this Leasereceived, or first installed, reasonable wear and tear tear, damage by fire, earthquake, Act of God, or the elements alone excepted. Tenant may, upon the termination of this Lease, remove all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, repairing any damage due to casualty (caused by such removal. Property not so removed shall be deemed abandoned by the Tenant, and title to the extent not required same shall thereupon pass to Landlord. Upon request by Landlord, unless otherwise agreed to in writing by Landlord, Tenant shall remove, at Tenant’s sole cost, any improvements or additions to the Premises installed by or at the expense of Tenant, which Landlord requires removal in accordance with Section 6 hereof, and all movable furniture and equipment belonging to Tenant which may be repaired or restored left by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any resulting from such removal.
(c) The voluntary or all other surrender of such property this Lease by Tenant, or a mutual cancellation thereof, shall not so removed work a merger, and shall, at Landlord's option, become the exclusive property option of Landlord or be disposed of by the Landlord, at Tenant's sole cost and expenseeither terminate all or any existing subleases or subtenancies, if not removed by Tenant after receipt of written notice from or operate as an assignment to Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any or all such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss subleases 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termsubtenancies.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Tenant shall deliver the Premises to Landlord upon the expiration or sooner termination of the Term or upon termination of Tenant’s right of possession of the Premises in as good condition as when Tenant was first entitled to possession thereof, ordinary wear and fire and other casualty not resulting from Tenant’s negligence excepted, failing which Landlord may restore the Premises to such condition and Tenant shall pay Landlord the cost thereof in accordance with the provisions of Paragraph 24N hereof. All installations, alterations, additions, hardware, non-trade fixtures and improvements, temporary or permanent, except movable furniture, trade fixtures and equipment belonging to Tenant, (“Fixtures”) in or upon the Premises, whether placed there by Tenant or Landlord, shall be Landlord’s property and shall be relinquished to Landlord in good condition, ordinary wear and tear excepted, at the termination of this Lease Termor Tenant’s right to possession by lapse of time or otherwise, all without compensation, allowance or credit to Tenant; provided, however, that if prior to such termination or within fifteen (15) days thereafter Landlord so directs by notice, Tenant shall surrender promptly remove the Fixtures placed in or upon the Premises by Tenant and designated in the notice and restore the Premises, failing which Landlord may remove the same condition as the Premises were in and Tenant shall, upon delivery of possession thereto under this Leasedemand, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises pay to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of such removal and of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt necessary restoration of a bill therefore. ▇▇ Tenant shall so surrender the Premises, 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at On the expiration last day or sooner termination of the Lease Termterm, or any extension term, Tenant shall quit and surrender the Premises broom clean, in the same good condition as the Premises were in upon delivery of possession thereto under this Lease, and repair (reasonable wear and tear and excepted; provided that damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at (such time remove all of Tenant's Trade Fixtures includingas, but not limited to, equipmentwalls, signsfloors and ceilings) resulting from the specific business use of the Premises by Tenant shall not be considered ordinary wear and tear), furnishingstogether with all alterations, inventory additions and improvements which may have been made in, machinery on or to the Premises, except movable furniture or unattached movable trade fixtures put in at the sole expense of Tenant; provided, however, that Tenant shall ascertain from Landlord at least thirty (30) days before the end of the term whether Landlord desires to have the Premises or any part thereof restored to the condition in which it was originally delivered to Tenant, and other personal propertyif Landlord shall so desire, as well as then Tenant, at its own cost and expense, shall restore the same before the end of the term, remove from the Premises all its property together with any alterations or alterations, additions and improvements, the removal of which is requested by Landlord, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if without further notice to or demand upon Tenant. If the Premises be not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so surrendered as and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premiseswhen aforesaid, 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. Tenant's obligation to observe or perform obligations under this covenant Section shall survive the expiration or other sooner termination of the Lease Termterm.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, Tenant shall vacate the Premises at the expiration or sooner termination of this Lease and all alterations, additions, improvements and fixtures (other than Tenant's trade fixtures and signs) which have been made or installed by Tenant shall remain as part of the Lease TermPremises and shall be the sole property of Landlord. When Tenant vacates the Premises, Tenant shall surrender leave the Premises in the same as good condition as it was when the Premises were in upon delivery Lease started, with the exception of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for tear. If the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property are not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premisessurrendered, Tenant shall indemnify Landlord against loss loss, liability or liability expense resulting from the delay by Tenant in so surrendering the Premises or failure to leave the Premises in the condition required under this rental agreement including, without limitationbut not limited to, any claims made by any succeeding occupant t e n a n t founded on such delay. Tenant's obligation Tenant shall surrender all keys to observe or perform this covenant shall survive Landlord at the time Tenant vacates the Premises. If Tenant remains in possession of the Premises after the expiration or other termination of this L e a s e and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a Tenant from month-to-month, subject to all the conditions, provisions and obligations of this Lease in so far as the same can be applicable to a month-to-month tenancy, cancelable by either party upon one month's written notice to the other, but with a Base Rent of 150% of the Lease Termamount due prior to the expiration of this Lease.
Appears in 1 contract
Sources: Lease Agreement
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner termination of the Lease Termterm of this Lease, Tenant shall quit and surrender the Premises Leased Premises, in as good condition and repair as they were at the same condition as commencement of the Premises were in upon delivery of possession thereto under this Leaseterm, reasonable wear and tear expected, together with all keys and damage due combinations to casualty (locks, all improvements, alterations, and additions, except personal property and other trade fixtures, furnishings and equipment that Tenant may remove pursuant to the extent terms hereof, all of which shall thereupon become the property of Landlord without any claim by Tenant therefor, but the surrender of such property to Landlord shall not required be deemed to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the a payment of rent or in lieu of any rent reserved hereunder; however, notwithstanding the generality of the foregoing provisions, Landlord shall have the right to require Tenant, upon written notice given any time during the term of within thirty (30) days thereafter, to remove any improvements, alterations or additions made by or on behalf of Tenant and shall inform Landlord of all combinations on locksto repair any damage to the Building caused by such removal. Before surrendering the Leased Premises, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures includingsaid personal property and unattached movable trade fixtures, but not limited to, equipment, signs, furnishings, inventory , machinery , furnishings and other personal property, as well as any alterations or improvements, equipment and if Tenant fails to do so said property shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, be deemed abandoned and become the exclusive property of Landlord; but the retention or disposition of such abandoned property by Landlord shall not act as a release or be disposed satisfaction of any damage sustained by Landlord, at Landlord on account of Tenant's sole cost failure to remove the same as required by this section. If the Leased Premises be not surrendered as and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premiseswhen aforesaid, Tenant shall indemnify Landlord against all loss or liability resulting from the delay by Tenant in so surrendering the Premises same, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform obligations under this covenant Article shall survive the expiration or other sooner termination of the Lease Termterm of this Lease.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at (a) On the expiration or sooner termination last day of the Lease Termterm of this Lease, Tenant shall surrender the Premises or in the same condition as event that the Premises were Lease be sooner terminated by agreement of the parties or otherwise, Lessee shall peaceably and quietly leave, surrender and deliver to Lessor the demised premises, broom-clean, in upon delivery of possession thereto under this Leasegood order and repair, reasonable wear and tear and damage due to casualty excepted.
(to b) Lessee shall remove all its property from the extent not required to be repaired or restored by Tenant under this Lease) exceptedpremises, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shallshall be deemed abandoned by Lessee or, at LandlordLessor's option, become removed from the exclusive property premises at Lessee's expense. Lessee may remove at any time any additions and improvements which it has made to the premises which can be removed without injury the structural portion of Landlord or be disposed of by Landlordthe building. It is mutually understood and agreed that Lessee, at Tenantor prior to the termination of this Lease or any renewal thereof, may remove all trade fixtures, equipment, floor covering, signs, and lighting fixtures attached or placed by Lessee in or on the demised premises. With respect to the removal of Lessee's sole cost improvements and expensefixtures, if not removed it shall be the duty of Lessee to restore the building to the same general condition as existed at the time Lessee obtained possession, reasonable wear and tear excepted, and to repair any and all injury or damage to the premises resulting from the removal of any fixture or improvement made by Tenant after receipt Lessee, including the restoration of written notice from Landlord pursuant to Section 7.2all lighting fixtures.
1. (c) In the event Tenant any signs are placed upon the exterior of the builing by Lessee, the same shall fail to pay the cost of any such repairbe painted out by Lessee, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation if necessary to observe or perform this covenant shall survive make the expiration or other termination exterior of the Lease Termbuilding appear uniform, the repainting of the entire exterior of the building in such color as Lessor may direct.
Appears in 1 contract
Sources: Lease (Coldwater Creek Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedingsNo act by Landlord shall be deemed an acceptance of a surrender of the Premises, at and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or sooner earlier termination of the Lease Termthis Lease, and except as otherwise provided herein, Tenant shall surrender deliver to Landlord the Premises with all improvements located therein in the same condition as the Premises were in upon delivery of possession thereto under this Leasegood repair and condition, broom-clean, reasonable wear and tear (and damage due condemnation and Casualty damage, as to casualty (to the extent not required to be repaired or restored by Tenant under this Leasewhich Sections 12 and 13 shall control) excepted, and shall surrender deliver to Landlord all keys for to the Premises. Prior to the expiration of the term or any sooner termination thereof, (a) Tenant shall remove all such Alterations and shall restore the portion of the Premises affected by such Alterations and such removal to its condition existing immediately prior to the making of such Alterations and wiring as Landlord at may request pursuant to Section 6.1 hereof, (b) Tenant shall remove from the place then fixed for the payment of rent Premises all trade fixtures, furniture, equipment and shall inform Landlord of all combinations on locks, safes and vaults, if any, personal property located in the Premises. , and all garbage, waste and debris and (c) Tenant shall at such time remove repair all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises or the Project caused therebyby any such removal including, without limitation, full restoration of all holes and gaps resulting from any such removal. Any or all All personal property and fixtures of such property Tenant not so removed shall, at Landlord's optionto the extent permitted under applicable Laws, become the exclusive property of Landlord be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or be otherwise disposed of by Landlord, Landlord at Tenant's sole cost expense without notice to Tenant and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of without any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform account for such items. The provisions of this covenant Section 18 shall survive the expiration or other termination end of the Lease Term.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedingsin the case of condemnation described in subsection 12(a), at the expiration or sooner termination of the Lease Termterm of this Lease, Tenant shall surrender the Premises Leased premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the 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 of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal propertyProperty, 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. Any , 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 sole cost and expense, if without further notice to or demand upon Tenant. If the Leased Premises be not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so surrendered as and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premiseswhen aforesaid, 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 Lease Termterm of this Lease. Notwithstanding the foregoing, Tenant shall not be required to remove any alterations and improvements made by Tenant in the Leased Premises prior to April 1, 2005.
Appears in 1 contract
Sources: Lease (Enzo Biochem Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at On the expiration last day of the Lease Term or upon the sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (Tenant shall, to the extent not required to be repaired or restored by Tenant under this Lease) exceptedreasonable satisfaction of Landlord, and shall surrender all keys for the Premises to Landlord at in good condition (reasonable wear and tear, obsolescence, acts of God, Hazardous Materials other than those stored, used or disposed of by Tenant, its agents, employees, contractors, sublessees, licensees or invitees, and alterations concerning which Landlord has not reserved 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 Premisesright to require removal excepted). Tenant shall at such time remove all of Tenant's Trade Fixtures including, ’s personal property and trade fixtures from the Premises (but not limited to, equipment, signs, furnishings, inventory , machinery any data communication cabling), and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall be deemed abandoned by Tenant. Furthermore, Tenant shall immediately repair all damage to the Project caused by any such removal. In addition, prior to Lease Termination, Tenant shall, at Landlord's optionits sole cost, become take all actions necessary to obtain any necessary environmental closure from the exclusive property applicable governmental authority with respect to Tenant’s use of Landlord or be disposed of by Landlord, Hazardous Materials in connection with Tenant’s business. If the Premises are not so surrendered at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the PremisesLease Termination, Tenant shall indemnify indemnify, defend and hold Landlord harmless from and against loss any loss, damage, expense, claim 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 delaytenant or losses to Landlord due to lost opportunities to lease to succeeding tenants. Tenant's obligation to observe or perform The provisions of this covenant Paragraph 35 shall survive the expiration or other termination of the Lease TermTermination.
Appears in 1 contract
Sources: Net Lease Agreement (Proteinsimple)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration of the Term, or sooner termination of the Lease TermLease, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, normal wear and tear and damage by fire and other casualty excepted. All leasehold improvements that are not fixtures, and fixtures that can be removed by Tenant with the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Leaserepaired to its original condition, reasonable wear and tear excepted, such as light fixtures and damage due to casualty (to HVAC equipment, wall coverings, carpeting and drapes, in or serving the extent not required to be repaired or restored Premises, whether installed by Tenant under this or Landlord, shall be Tenant's property. Any property not removed upon expiration of the Term, or soon termination of the Lease) excepted, shall be deemed to have been abandoned by Tenant and may be retained or disposed of by Landlord at Tenant's expense free of any and all claims of Tenant, as Landlord shall surrender all keys desire. All property not removed from the Premises by Tenant may be handled or stored by Landlord at Tenant's expense and Landlord shall not be liable for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of value, preservation or safekeeping thereof. At Landlord's option all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all part of such property not so removed shall, at Landlord's option, become the exclusive property of may be conclusively deemed to have been conveyed by Tenant to Landlord or be disposed of as if by bill ▇▇ sale without payment by Landlord, at Tenant's sole cost and expense, if not removed by . The Tenant after receipt hereby waives to the maximum extent allowable the benefit of written notice all laws now or hereafter in force in this state or elsewhere exempting property from Landlord pursuant to Section 7.2liability for rent or for debt.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 Lease Term.
Appears in 1 contract
Sources: Office Lease (Mego Mortgage Corp)
Surrender of Premises. Except for changes (a) At the termination of this Lease by lapse of time or otherwise, or upon termination of Tenant's right of possession without terminating this Lease, Tenant shall surrender possession of the Premises to Landlord and deliver all keys to the Premises to Landlord and make known to Landlord the combination of all locks of vaults then remaining in the Premises, and shall, subject to the following subparagraphs, return the Premises and all equipment and fixtures of Landlord therein to Landlord in as good condition as when Tenant originally took possession, ordinary wear, loss or damage by fire or other insured casualty, and damage resulting from eminent domain proceedingsthe act of Landlord or any of its respective employees and agents excepted, at failing which Landlord may restore the Premises and such equipment and fixtures to such condition and Tenant shall pay the cost thereof to Landlord on demand.
(b) All installations, additions, partitions, hardware, light fixtures, supplementary heating or air conditioning units, non-trade fixtures and improvements, except movable furniture and equipment belonging to Tenant, in or upon the Premises, whether placed there by Tenant or Landlord, excepting Tenant's Supplemental Equipment and Tenant's personal property and equipment, shall be Landlord's property and shall remain upon the Premises upon expiration of the Term or sooner termination of the this Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures includingpossession hereunder, but not limited toall without compensation, equipmentallowance or credit to Tenant; provided, signshowever, furnishingsthat if prior to such expiration or termination or within ten (10) days thereafter Landlord so directs by written notice, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by LandlordTenant, at Tenant's sole cost and expense, if not removed shall promptly remove such of the installations, additions, partitions, hardware, light fixtures, supplementary heating or air conditioning units, non-trade fixtures and improvements placed in the Premises by Tenant after receipt of written as are designated in such notice from and repair any damage to the Premises caused by such removal, failing which Landlord pursuant to Section 7.2.
1. In may remove the event same and repair the Premises and Tenant shall fail to pay the cost thereof to Landlord on written demand. All movable furniture and equipment shall remain the property of Tenant and, provided no continuing event of default exists hereunder with respect to Tenant's obligations, may be removed from the Premises at any time without Landlord's consent.
(c) Tenant shall leave in place any floor covering. Tenant shall remove Tenant's furniture, machinery, safes, trade fixtures and other items of movable personal property of every kind and description from the Premises and restore any damage to the Premises caused thereby, such repairremoval and restoration to be performed prior to the expiration of the Term or no later than three (3) days following the earlier termination of this Lease or Tenant's right of possession, whichever might be earlier (and upon prior written notice to Landlord, in the event such removal occurs after termination of this Lease or Tenant's right to possession), failing which Landlord may do so and thereupon the provisions of Section 18(f) shall apply.
(d) All obligations of Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform under this covenant Section 9 shall survive the expiration of the Term or other sooner termination of the Lease Termthis Lease.
Appears in 1 contract
Sources: Office Lease (Excal Enterprises Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory inventory, machinery machinery, and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 Lease Term.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Aei Income & Growth Fund 23 LLC)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory inventory, machinery machinery, and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill ▇▇▇▇ therefore. ▇▇ If Tenant shall so surrender the Premises, 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.Tenn.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)
Surrender of Premises. Except Unless otherwise instructed by Tenant, Subtenant shall at its own expense and before the end of the term hereof (a) remove all alterations and improvements to the Premises which were not consented to by Tenant and/or Landlord (as the case may be) as required under this Sublease and the Main Lease, (b) remove all alterations and improvements to the Premises as requested by Tenant and/or Landlord (as the case may be) at the time that any plans for changes such work are approved by same, (c) repair all damage resulting from eminent domain proceedings, at the expiration initial installation or sooner termination subsequent removal of the Lease Termitems specified in the two preceding clauses, Tenant shall and close all floor, ceiling, and roof openings and (d) restore and surrender the Premises to Tenant in the same as good condition and repair as the Premises were in upon delivery of possession thereto under this Leasewhen Subtenant was first granted access to the Premises, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for . All property of Subtenant remaining on the Premises after the termination of the term hereof shall be deemed to Landlord have been abandoned by Subtenant, provided, however, that if any such property so remains on the Premises and the removal of such property would impose an expense on Tenant, then, at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locksTenant’s election, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures includingbe entitled, but not limited toobligated, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of remove such property not so removed shall, at Landlord's option, become the exclusive property on behalf of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt account of a bill therefore. ▇▇ Tenant shall Subtenant, in which case all expenses so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay incurred by Tenant in so surrendering the Premises includingconnection therewith shall be paid by Subtenant to Tenant, without limitationas additional rent hereunder, any claims made by any succeeding occupant founded on such delay. immediately upon Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term’s demand therefor.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at (a) At the expiration end of the Term or any renewal thereof or other sooner termination of the Lease Termthis Lease, Tenant shall surrender will peaceably deliver to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in the same condition as received, or first installed, subject to the Premises were in terms of Paragraphs 39 & 21 and the rights and obligation of Tenant concerning casualty damage pursuant to Paragraph 20, damage by fire, earthquake, Act of God, ordinary wear and tear, Hazardous Substances (other than those for which Tenant is indemnifying Landlord pursuant to Paragraph 39) or the elements alone excepted, Tenant may, upon delivery the termination of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of movable furniture and equipment belonging to Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost cost, provided that Tenant repairs any damage caused by such removal. Property not so removed shall be deemed abandoned by Tenant, and expensetitle to the same shall thereupon pass to Landlord. Upon request by Landlord, if not removed and unless otherwise agreed to in writing by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the PremisesLandlord, Tenant shall indemnify Landlord against loss remove, at Tenant's sole cost, any or liability all Alterations to the Premises installed by or at the expense of Tenant and all movable furniture and equipment belonging to Tenant which may be left by Tenant and repair any damage 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. Tenant's obligation to observe or perform this covenant shall survive the expiration removal.
(b) The voluntary or other termination surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the Lease Termoption of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenancies.
Appears in 1 contract
Sources: Sublease (Cosine Communications Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings(a) In the event Landlord furnishes a request in writing to Tenant within the last six (6) months of the Term of the Lease or any renewal thereof that Tenant advise Landlord of Tenant's intentions with regard to the vacating of the Premises upon the termination of this Lease, at then Tenant shall respond to such request of Landlord within a reasonable time thereafter.
(b) At the expiration or sooner termination end of the Lease Term, Tenant shall surrender agrees to peaceably deliver up to the Premises Landlord possession of the Premises, in the same condition as received on the Premises were in upon delivery of possession thereto under this LeaseCommencement Date, reasonable ordinary wear and tear and tear, damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) exceptedfire, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery earthquake, and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused therebyacts of God excepted. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of Upon request by Landlord, unless otherwise agreed to in writing by Landlord, Tenant shall remove, at Tenant's sole cost cost, any or all movable furniture, equipment and expensefixtures, if not removed by Tenant after receipt of written notice from Landlord (expressly excluding, computer and telephone cabling and all work to the Premises pursuant to Section 7.2the Work Letter Agreement and all alterations to the Premises allowed by Landlord hereunder), belonging to Tenant and repair any damage resulting from such removal. Any property not so removed shall be deemed abandoned by the Tenant, and title to the same shall thereupon pass to Landlord. Landlord shall have the right to remove and dispose of such abandoned property, and the costs associated therewith shall be promptly reimbursed by Tenant.
1. In (c) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the event Tenant shall fail option of the Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to pay the cost it of any or all such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss subleases 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termsubtenancies.
Appears in 1 contract
Sources: Office Lease Agreement (Ultimate Software Group Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedingsOn the last day, at the expiration or sooner earlier permitted termination of the Lease Termterm, Tenant shall quit and surrender the Leased Premises in the same good and orderly condition as the Premises were in upon delivery of possession thereto under this Lease, and repair (reasonable wear and tear tear, Initial: Landlord ___ and damage due to by fire or other casualty (excepted) and shall deliver and surrender the Leased Premises to the extent not required Landlord peaceably, together with all alterations and improvements to be repaired the Leased Premises. Subject to the provisions of Paragraph 18, the Landlord reserves the right, however, to require the Tenant at its cost and expense to remove any alterations or restored improvements installed by Tenant under this Lease) exceptedthe Tenant, and shall surrender all keys for restore the Leased Premises to Landlord at its original state, normal wear and tear excepted. Prior to the place then fixed for expiration of the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in Lease term the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal its property, as well as any alterations or improvementsfixtures, equipment and shall repair any damage to trade fixtures from the Premises caused therebyLeased Premises. Any or all of such All property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt shall be deemed abandoned by Tenant, and Landlord reserves the right to charge the reasonable cost of written notice from such removal to the Tenant. Unless Landlord pursuant to Section 7.2.
1. In and Tenant mutually acknowledge in writing that they are then engaged in good faith negotiations for an extension of this Lease, if the event Leased Premises are not surrendered at the end of the Lease term, the Tenant shall fail to pay be liable for 150% of the cost of any rent then payable at such repairtime, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises Leased Premises, including, without limitation, limitation any claims made by any succeeding occupant tenant founded on such the delay, and any loss of income suffered by Landlord. Tenant's obligation to observe or perform Within thirty (30) days after cessation of the good faith negotiations without any agreement for the extension of this covenant Lease having been achieved, the Tenant shall become liable in accordance with the immediately preceding sentence. These covenants shall survive the expiration or other termination of the Lease TermLease.
Appears in 1 contract
Sources: Lease Agreement (Xenogen Corp)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration expiraion or sooner earlier termination of the Lease Term, Tenant shall deliver up and surrender to Landlord possession of the Premises Premises, including all alterations, additions, improvements and fixtures, other than Tenant's trade fixtures, in the same good order, condition as the Premises were in upon delivery and state of possession thereto under this Leaserepair, reasonable ordinary wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender deliver all keys for to the Premises to the office of Landlord at the place then fixed Shopping Center or as otherwise directed by Landlord.
(a) Tenant shall repair all damage to the Premises resulting from or arising out of such removal, (b) during such period Tenant shall perform and be liable for all obliga-tions and condi-tions imposed on Tenant hereunder except for the payment of rent and shall inform Landlord of all combinations on locksRent, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delaymaintenance, repair, apportionment of taxes, maintenance of insurance, compliance with Requirements and assumption of liability for the Premises. Tenant's obligation to observe or perform this covenant The obligations set forth in the preceding sentence shall survive the expiration or other termination of this Lease. Any property of Tenant not removed from the Lease TermPremises within such fifteen (15) day period shall be deemed abandoned. In addition to all other remedies available, Landlord may, but shall not be obligated to, retain or 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 in disposing of such property, including, without limitation, reasonable attorneys' fees and disbursements, together with interest thereon, calculated at the Interest Rate, from the date Landlord ex-pended such amounts.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at 26.1 At the expiration end of the Term or any renewal of the Term or other sooner termination of the Lease Termthis Lease, Tenant shall surrender will peaceably deliver up to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same condition as the Premises were in upon delivery conditions received or first installed, broom clean and free of possession thereto under this Leaseall debris, reasonable excepting only ordinary wear and tear and damage due to by fire or other casualty (to the extent not required to be repaired or restored by and any repair, responsibilities of Landlord hereunder. Tenant under may, and at Landlord's request shall, at Tenant's sole cost, remove upon termination of this Lease) excepted, any and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signsfurniture, furnishings, inventory racking systems, machinery movable partitions of less than full height from floor to ceiling, trade fixtures and other personal propertyproperty installed by Tenant, as well as any alterations title to which shall not be in or improvementspass automatically to Landlord upon such termination, and shall repair any repairing all damage to the Premises or holes caused therebyby such removal. Any or all of such property Property not so removed shall, at Landlord's optionunless requested to be removed, become be deemed abandoned by the exclusive property Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a ▇▇▇▇ of Landlord sale. All other alterations, additions and improvements in, on or to the Premises shall be dealt with and disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2as provided in Article 6.
126.2 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term. In the event Tenant shall fail that Tenant's failure to pay the cost of any such repair, perform prevents Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender from releasing the Premises, Tenant shall indemnify Landlord against loss or liability resulting from continue to pay rent pursuant to the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on provisions of Article 14 until such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termperformance is complete.
Appears in 1 contract
Sources: Lease Agreement (O Charleys Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at the expiration or sooner termination of the Lease Term, Tenant shall quit and surrender the Premises in upon the same condition as termination hereof and surrender the Premises were to Landlord at that time, together with any fixtures thereon, broom clean, in upon delivery of possession thereto under this Leasegood condition and repair, reasonable wear and tear and damage due to or destruction by fire or other casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for remove from the Premises to Landlord at the place then fixed for the payment expiration or other termination of rent and shall inform Landlord of this Lease, all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvementsgoods and personal effects not belonging to Landlord, and shall repair any damage to the Premises caused thereby. Any or by such removal, all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense. If Tenant shall fail to perform any of the foregoing obligations, if not removed by Tenant after receipt Landlord may, at its option, (i) retain such property as the exclusive property of written notice from Landlord pursuant to Section 7.2.
1Landlord, (ii) remove and store such property at the expense of Tenant, or (iii) dispose of such property at a private sale or auction. In the event Landlord elects to sell such property at a private sale or auction, the proceeds thereof may be applied by Landlord against any amounts of Rent due hereunder or toward the expense thus incurred in selling such items, and Tenant shall fail agrees to promptly pay to Landlord the difference (if any) between the cost of any conducting such repair, Landlord may do so sale (including attorney's fees) and the proceeds of such sale. Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premisesindemnify, Tenant shall indemnify defend and hold harmless Landlord against all loss or liability incurred by Landlord resulting from the any delay by Tenant in so surrendering the Premises in accordance with this Section, 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 loss of the Lease Termrent.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedingsTenant shall, at on or before the expiration last day of the Term hereof, or on the sooner termination of hereof, peaceably and quietly leave, surrender and yield up unto Landlord the Lease TermProperty, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Leasetogether with all alterations, reasonable wear additions, improvements, fixtures and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , equipment including thereon and other personal propertyproperty of Tenant, as well as any alterations lessee, sublessee, licensee or concessionaire of Tenant, or any other occupant of the Property. Such alterations, additions, improvements, fixtures and equipment to be in good order and repair, ordinary wear and tear, obsolescence, damage by fire or other casualty, acts of God, condemnation, civil riot and commotion excepted. All such trade fixtures and other personal property shall repair any damage to be removed by Tenant on or before the Premises caused thereby. Any or last day of the Term hereof, and all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or shall be disposed of by Landlord, at Tenant's sole cost and expense, if not removed deemed abandoned by Tenant after receipt of written and conveyed to Landlord unless Landlord shall give notice from Landlord pursuant to Section 7.2.
1. In the Tenant to remove all or any part hereof, in which event Tenant shall fail to pay the cost of any such repairpromptly at its expense remove same, or Landlord may do so remove and dispose of such fixtures and personal property at Tenant’s expense, which if paid by landlord shall be reimbursed by Tenant shall reimburse Landlord for the amount thereof within five ten (510) days after receipt of a bill thereforedemand by Landlord. ▇▇ Tenant shall so surrender the Premises, 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. Tenant's obligation to observe or perform this covenant This provision shall survive the expiration or other any termination of this Lease and may be enforceable against Tenant by Landlord notwithstanding the fact that the Lease Termhas been terminated.
Appears in 1 contract
Sources: Ground Lease
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner earlier termination of --------------------- the Lease Term, Tenant shall surrender the Premises to Landlord in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear an undamaged and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) exceptedbroom-clean condition, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, trade fixtures and shall repair any damage to equipment from the Premises caused therebyPremises. Any or all of All such property not so removed shallshall be deemed abandoned by Tenant. If Tenant fails to remove any trade fixture, at Landlord's optionequipment or other personal property, become and such failure continues after the exclusive termination of this Lease, Landlord may retain such property, and all rights of Tenant with respect to such property of shall cease, or Landlord or be disposed of by Landlord, at may place such property in public storage for Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1account. In the event Tenant shall fail be liable to pay Landlord for the costs of removal of any such trade fixture, improvement or equipment of or installed by Tenant, the transportation and storage costs of the same and the cost of any returning the Premises to an undamaged and broom-clean condition, together with interest at TEN PERCENT (10%) per annum on all such repair, Landlord may do so and Tenant shall reimburse Landlord for expenses from the amount thereof within five (5) days after receipt date of a bill thereforeexpenditure by Landlord. ▇▇ Tenant shall so surrender If the PremisesPremises are not surrendered at the termination of this Lease, Tenant shall indemnify Landlord against all loss or liability resulting from the delay dely by Tenant in so surrendering the Premises Premises, including, without limitation, any all of Landlord's liability for all claims made by any succeeding occupant founded on such delay. Tenant's obligation tenant or losses to observe or perform this covenant shall survive Landlord due to lost opportunities to lease the expiration or other termination of the Lease TermPremises to succeeding tenants.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner earlier termination of --------------------- the Lease TermTerm of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in the same reasonably neat and clean condition as 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 were in upon delivery prior to or during the Term of possession thereto under this Lease, reasonable excepting only ordinary wear and tear use and damage due to by fire or other casualty (to the extent not required to be repaired or restored by Tenant for which, under other provisions of this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment Tenant has no responsibility of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premisesrepair or restoration. Tenant shall at such time remove all of Tenant's Trade Fixtures includingRemovable Property (including without limitation the equipment listed on Exhibit F) and, but not limited toto the extent specified by Landlord, equipment, signs, furnishings, inventory , machinery , all alterations and other personal property, additions made by Tenant and all partitions wholly within the Premises unless installed initially by Landlord as well as any alterations a part of Landlord's Work or improvements, otherwise in preparing the Premises for Tenant's occupancy; and shall repair any damage damages to the Premises or the Building caused therebyby such removal. Any Tenant's Removable Property which shall remain in the Building or all on the Premises after the expiration or termination of such the Term of this Lease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property not so removed shall, at Landlord's option, become the exclusive property of Landlord or may be disposed of by Landlordin such manner as Landlord may see fit, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 Lease Term.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner earlier termination of the Lease Termthis Lease, Tenant Lessee shall remove all of its furniture, equipment, trade fixtures and other unattached movable personal property, and surrender the Premises to Lessor together with any and all improvements made to the Premises, whether by Lessee or Lessor, in the same condition as the Premises were in upon delivery of possession thereto under this Leasereceived by Lessee, reasonable excepting ordinary wear and tear and damage due to casualty (to or eminent domain or any matters that are the extent not required to be repaired Lessor’s or restored by Tenant Prime Lessor’s responsibility under this Lease or the Prime Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any Any damage to the Premises caused therebyby removal of Lessee’s property or fixtures, shall be repaired promptly, at Lessee’s sole expense. Any property of Lessee’s not removed within ten (10) days after the expiration or all earlier termination of such property not so removed this Lease shall, at Landlord's Lessor’s option, become be deemed the exclusive property of Landlord Lessor. Lessor shall also have the right following such 10-day period, to remove and store property left by Lessee or be disposed dispose of by Landlord, at Tenant's sole cost and expense, if property not removed by Tenant after receipt of written notice Lessee, and to recover from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay Lessee the cost of any such repair, Landlord may do so moving and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill thereforestorage expenses. ▇▇ Tenant shall so surrender the Premises, Tenant Lessee shall indemnify Landlord Lessor against any loss or liability resulting from the Lessee’s delay by Tenant in so surrendering the Premises includingto Lessor, including without limitation, any claims made by any succeeding occupant founded on subsequent lessee, provided that Lessor shall have provided Lessee with ten (10) days’ prior notice of such delaysubsequent lessee. Tenant's obligation Acceptance by Lessor of Lessee’s keys to observe or perform this covenant the Premises, unaccompanied by Lessor’s express statement to such effect, shall survive the expiration or other termination not be interpreted as Lessor’s acceptance of Lessee’s surrender of the Lease TermPremises.
Appears in 1 contract
Sources: Office Sublease Agreement (Targanta Therapeutics Corp.)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at (a) At the expiration end of the term or any renewal thereof or other sooner termination of this Lease, the Lease TermTenant will peaceably deliver up to the Landlord possession of the Premises, Tenant shall surrender together with all improvements or additions upon or belonging to the Premises same, by whomsoever made, in the same condition as received, or first installed, ordinary wear and tear, damage by fire, earthquake, act of God, or the Premises were in elements alone excepted. Tenant may, upon delivery the termination of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures includingmoveable personal property, including but not limited toto trade fixtures, furniture and equipment, signsbelonging to Tenant, furnishingsat Tenant’s sole cost, inventory title to which shall be in the name of Tenant upon such termination, machinery repairing any damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant, and other personal propertytitle to the same shall thereupon pass to Landlord. Upon request by Landlord, as well as unless otherwise agreed to in writing by Landlord, Tenant shall remove, at Tenant’s sole cost, any alterations or improvementsall permanent improvements or additions to the Premises installed by or at the expense of Tenant, excluding the original Leasehold Improvements at the Commencement Date of the Lease, and shall all moveable furniture and equipment belonging to Tenant which may be left by Tenant and repair any damage to the Premises caused thereby. Any resulting from such removal.
(b) The voluntary or all other surrender of such property this Lease by Tenant, or a mutual cancellation thereof, shall not so removed work a merger and shall, at Landlord's option, become the exclusive property option of Landlord or be disposed of by the Landlord, terminate all or any existing subleases or subtenancies, or may at Tenant's sole cost and expensethe option of Landlord, if not removed by Tenant after receipt of written notice from Landlord pursuant operate as an assignment to Section 7.2.
1. In the event Tenant shall fail to pay the cost it of any or all such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss subleases 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termsubtenancies.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration or sooner termination of the Lease Termterm of this Lease, Tenant shall surrender the Premises in the same condition as the Premises were it was in upon delivery of possession thereto under this Leaseon the Commencement Date, reasonable wear and tear and damage due to insured casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for to the Premises to Landlord at the place then fixed for the payment of rent Fixed Rent and shall inform Landlord of all combinations on any locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenantits personal property and any fixtures, alterations and improvements installed by Tenant which Landlord directs Tenant to remove (other than Landlord's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , Improvements and other personal property, as well as any alterations or improvements, and subject to the terms of Section 8.3). Tenant shall repair any damage to the Premises caused therebyby such removal. Any or and all of such property property, alterations and improvements not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expensecost, if not removed by without further notice to or demand upon Tenant. Tenant after receipt of written notice from Landlord pursuant agrees that its failure to Section 7.2.
1. In the event Tenant shall fail to pay the cost of remove any such repairproperty, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof alterations or improvements within five (5) 30 days after receipt the expiration or earlier termination of a bill thereforethis Lease shall be conclusive evidence of Tenant's intention to abandon the same. ▇▇ Tenant shall so surrender If the PremisesPremises is not surrendered as set forth above, Tenant shall indemnify indemnify, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Premises Premises, including, without limitation, any claims claim made by any succeeding occupant founded on based upon such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termthis Lease.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises Property in the same condition as the Premises Property were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises Property 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 PremisesProperty. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, moveable equipment, signsmachinery, furnishings, inventory , machinery , trade fixtures and other personal property, as well as any alterations or improvements, if requested to do so by Landlord, and shall repair any damage to the Premises Property caused thereby. Any , and any or all of such property not so removed shall, at Landlord's option, and to the extent permitted by applicable law, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written without further notice from Landlord pursuant to Section 7.2.
1or demand upon Tenant. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) 5 days after receipt of a bill thereforetherefor. ▇▇ If Tenant shall so surrender the PremisesProperty, Tenant ▇▇▇▇▇▇ shall indemnify Landlord against loss or liability resulting from the delay by Tenant ▇▇▇▇▇▇ in so surrendering the Premises Property 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 Lease Term.
Appears in 1 contract
Sources: Lease (Quality Dining Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings(a) Tenant shall, at least one hundred eighty (180) days before the expiration last day of the term hereof, give to Landlord a written notice of intention to surrender the Premises on that date, but nothing contained herein or in the failure of Tenant to give such notice shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant.
(b) By the end of the term or any renewal thereof or other sooner termination of this Lease, the Lease TermTenant will peaceably deliver up to the Landlord possession of the Premises, Tenant shall surrender together with all improvements, alterations or additions upon or belonging to the Premises same, by whomsoever made, in the same condition as received, or first installed, ordinary wear and tear, damage by fire, earthquake, act of God, or the Premises were in elements alone excepted. Tenant shall, upon delivery the termination of possession thereto under this Lease, reasonable wear remove all movable furniture, equipment and tear computer and telephone cables belonging to Tenant, at Tenant’s sole cost, title to which shall be in the name of Tenant until such termination, repairing any damage due to casualty (cause by such removal. Property not so removed shall be deemed abandoned by the Tenant, and title to the extent not required same shall thereupon pass to Landlord. Unless otherwise agreed to in writing by Landlord, Tenant shall remove, at Tenant’s sole cost, any or all permanent improvements or additions to the Premises installed by or at the expense of Tenant and all movable furniture, equipment and computer and telephone cables belonging to Tenant which may be repaired or restored left by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused therebyresulting from such removal. Any See Exhibit “E”, “Special Stipulation” #21.
(c) The voluntary or all other surrender of such property this lease by Tenant, or a mutual cancellation thereof, shall not so removed work a merger, and shall, at Landlord's option, become the exclusive property option of Landlord or be disposed of by the Landlord, terminate all or any existing subleases or subtenancies, or may, at Tenant's sole cost and expensethe option of Landlord, if not removed by Tenant after receipt of written notice from Landlord pursuant operate as an assignment to Section 7.2.
1. In the event Tenant shall fail to pay the cost it of any or all such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss subleases 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termsubtenancies.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Whenever under the expiration or sooner termination terms hereof Landlord is entitled to possession of the Lease TermPremises, Tenant at once shall surrender the Premises and the keys thereto to Landlord in the same condition as on the Commencement Date hereof, casualty damage and natural wear and tear only one excepted, and Tenant shall remove all of its personal property therefrom and shall, if directed to do so by Landlord, remove all improvements which have been made therein by or on behalf of Tenant, including any improvements made prior to the Commencement Date; provided, however, that Tenant shall not be permitted to remove any movable furniture, personal property or equipment from the Premises were at any time, including at the end of the term or any renewal thereof, or other sooner termination of this Lease, if Tenant is then in upon delivery of possession thereto material default under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of All such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not promptly removed by Tenant after receipt shall be deemed abandoned by Tenant and title to same shall pass to Landlord under this Lease as by a bill ▇▇ sale. Whenever under the terms hereof, Landlord is entitled to possession of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repairPremises, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering forthwith reenter the Premises includingand repossess itself thereof and remove all persons and effects therefrom, using such force as may be necessary without limitationbeing guilty of forcible entry, any claims made by any succeeding occupant founded on such delaydetainer, trespass or other tort. Tenant's obligation to observe or perform this covenant these covenants shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease Termor any renewal falls on Sunday or a legal holiday, this Lease shall expire on the business day immediately preceding.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration or sooner termination end of the Lease Termterm of this Lease, Tenant and in the event that Lessee has not elected to purchase the Premises and Lessor has not elected to require such purchase, as set forth in Paragraph 14, Lessee shall surrender the Premises in to Lessor, together with all alterations, additions and improvements thereto (to the extent the same are accepted by Lessor), in broom clean condition as the Premises were and in upon delivery of possession thereto under this Lease, reasonable working order and repair except for ordinary wear and tear and damage due by fire and other casualty excepted. If Lessee is not then in monetary default under any of the terms hereof, Lessee shall have the right at the end of the term hereof to casualty (to the extent not required to be repaired remove any equipment, furniture, trade fixtures or restored by Tenant under this Lease) excepted, and shall surrender all keys for other personal property placed in the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locksby Lessee, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair provided that Lessee promptly repairs any damage to the Premises caused therebyby such removal. Any Lessee shall surrender the Premises to Lessor at the end of the term hereof, without notice of any kind, and Lessee waives all right to any such notice as may be provided under any laws now or all hereafter in effect in Pennsylvania, including The Landlord and Tenant Act of such property not so removed shall1951, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
168 P.S. ss. In the event Tenant 250.101 et seq. If Lessee shall fail to pay remove any of its equipment, furniture, trade fixtures or other personal property, the cost same shall be deemed abandoned and Lessor may remove and store the same at the expense of Lessor or sell the same on behalf of Lessee at public or private sale in such manner as is commercially reasonable with any proceeds thereof to be first applied to the costs and expenses including attorneys' fees of the storage and sale and the payment of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay amounts owed hereunder by Tenant in so surrendering the 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 Lease TermLessee.
Appears in 1 contract
Sources: Lease (Front Royal Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner earlier termination of the Lease Term, Tenant shall surrender all keys to the Premises; remove such installations (including wiring and cabling wherever located), alterations and improvements made (or if applicable, restore any items removed) by or on behalf of Tenant as Landlord may request and all of Tenant’s signs wherever located; remove all of Tenant’s personal property; repair all damage caused by such removal; and vacate and yield up the Premises (including all installations, alterations and improvements made by or on behalf of Tenant except as Landlord shall request Tenant to remove) in the same condition as the Premises were in upon delivery broom-clean condition, free of possession thereto under this Leaseall of Tenant’s personal property and good order and repair, reasonable normal wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or shall be deemed abandoned and may be removed and disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant in such manner as Landlord shall fail to pay the cost of any such repair, Landlord may do so determine and Tenant shall reimburse pay to Landlord the entire cost and expense Landlord incurs in effecting such removal and disposition and in making any incidental repairs and replacements to the Premises and for use and occupancy during the amount thereof within five (5) days period after receipt the expiration or earlier termination of a bill thereforethis Lease and prior to its performance of Tenant’s obligations under this paragraph. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability all loss, cost, damage and expense resulting from the Tenant’s failure and delay by Tenant in so surrendering the Premises includingas above provided. Notwithstanding the foregoing, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant Tenant shall survive not be required upon the expiration or other earlier termination of the Lease TermTerm to remove any alterations and improvements made as part of Landlord’s Work.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner earlier termination of the Lease Termthis Lease, Tenant shall peaceably surrender the Premises to Landlord broom-clean and in the same condition as on the Premises were in upon delivery of possession thereto under this Leasedate Tenant took possession, except for: (a) reasonable wear and tear tear; (b) loss by fire or other casualty; and damage due (c) loss by condemnation. All fixtures, equipment, leasehold improvements (including any Alterations), and appurtenances attached to casualty (to or built into the extent Premises at the commencement of or during the Term, whether or not required to by or at the expense of Tenant, other than Tenant’s Property, shall be repaired or restored by Tenant under this Lease) exceptedand remain a part of the Premises, shall be the property of Landlord, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locksnot be removed by Tenant, safes and vaults, if any, in the Premisesexcept as directed by Landlord. Tenant shall not be required to remove any of the Tenant Improvements (as defined in Exhibit E). Furthermore, tenant shall not be required to remove any leasehold improvements (including any Alterations) unless: (i) such removal is necessary to ensure that the Premises and Building comply with applicable code at such time remove all the lime of Tenant's Trade Fixtures includingsurrender, including but not limited to, equipment, signs, furnishings, inventory , machinery , to removal of wires located in risers and other personal property, as well as any alterations plenums without raceways or improvements, conduits; (ii) they were made without the consent of Landlord; or (iii) Landlord notified Tenant that removal would be required. Tenant’s Property shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that, if any of Tenant’s Property is removed, Tenant shall promptly repair any damage to the Premises caused therebyor to the Building resulting from such removal. Any If Tenant abandons or all surrenders the Premises or is dispossessed by process of such property not so removed shalllaw or otherwise, any of Tenant’s Property left on the Premises shall be deemed abandoned, and, at Landlord's ’s option, become the exclusive property of title shall pass to Landlord or be disposed of under this Lease as by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 Lease Term.of
Appears in 1 contract
Sources: Office Lease (Biodesix Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner termination of the of this Lease, including any extension or renewal hereof, and if Tenant has fully and faithfully performed all of the terms, conditions and covenants of this Lease Termto be performed by Tenant, but not otherwise, Tenant shall, at its sole cost and expense, remove its interior and exterior signs and all of its movable trade fixtures and equipment and such other movable items Tenant has installed or placed on the Premises (all of which are hereinafter referred to as "Tenant's property") from the Premises and repair all damages thereto resulting from such removal, and Tenant shall thereupon surrender the Premises in the same condition as they were on the Premises were in upon delivery of possession thereto under this Leasedate Tenant opened for business, except for permitted alterations and modifications as provided herein and reasonable wear and tear and (including damage due to casualty (to the extent thereto which Tenant is not required to be repaired or restored by Tenant under this Leaserepair) excepted. If Tenant has not fully and faithfully performed all of the terms, conditions and covenants of this Lease to be performed by Tenant, Tenant shall surrender all keys for nevertheless remove Tenant's property from the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant manner aforesaid within fifteen (15) days after receipt of written notice direction to do so from Landlord pursuant to Section 7.2.
1Landlord. In the event Tenant shall fail to pay the cost remove any of any such repairTenant's property as provided herein, Landlord may do so may, but is not obligated to, remove all of Tenant's property and repair all damage to the Premises resulting from such removal, and store the same in any public or private warehouse, all at Tenant's expense. Tenant shall reimburse pay to Landlord interest at the rate of ten percent (10%) of the storage costs per annum from the date of payment by Landlord. Landlord shall have no liability to Tenant for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against any loss or liability damage to Tenant's property caused or 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. Tenant's obligation to observe removal or perform this covenant shall survive the expiration or other termination of the Lease Termotherwise.
Appears in 1 contract
Sources: Lease (Allergy Research Group Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedingsOn the last day of the term demised, at or on the expiration or sooner termination thereof, the Tenant shall peaceably and quietly leave, surrender and yield up unto the Landlord the demised premises broom-clean, in good order and repair, taking into consideration the age of the Lease Termbuilding at expiration of the term hereof, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, and except for reasonable wear and tear between the last necessary repair, replacement or restoration made by the Tenant pursuant to its obligations hereunder, together with all alterations, additions and damage due to casualty (to improvements which may have been made upon the extent not required to be repaired premises, except moveable furniture or restored by Tenant under moveable trade fixtures put in at the expense of the Tenant. If the last day of the term of this Lease) exceptedLease falls on Saturday or Sunday, this Lease shall expire on the business day immediately preceding it. The Tenant, on or before said date, shall remove property from the demised premises, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shallshall be deemed abandoned by the Tenant. If said premises be not surrendered at the end of the term, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify to Landlord against loss or liability resulting from the delay by the Tenant in so surrendering the Premises premises, including, without limitation, any claims made by any succeeding occupant Tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.
Appears in 1 contract
Surrender of Premises. Except Except. for changes resulting from from. eminent domain proceedings, at the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in -in upon delivery of possession thereto under this Lease, reasonable wear and tear and an~ damage due to casualty (to to. the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs., furnishings, inventory inventory, machinery machinery, and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.or
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill thereforetherefor▇. ▇▇ f Tenant shall so surrender the Premises, 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Aei Real Estate Fund Xviii Limited Partnership)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at On the expiration last day or sooner termination of the Lease Termterm, or any extension term, Tenant shall quit and surrender the Premises broom clean, in the same good condition as the Premises were in upon delivery of possession thereto under this Lease, and repair (reasonable wear and tear and excepted; provided that damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at (such time remove all of Tenant's Trade Fixtures includingas, but not limited to, equipmentwalls, signsfloors and ceilings) resulting from the specific business use of the Premises by Tenant shall not be considered ordinary wear and tear), furnishingstogether with all alterations, inventory additions and improvements which may have been made in, machinery on or to the Premises, except movable furniture or unattached movable trade fixtures put in at the sole expense of Tenant; provided, however, that Tenant shall ascertain from Landlord at least thirty (30) days before the end of the term whether Landlord desires to have the Premises or any part thereof restored to the condition in which it was originally delivered to Tenant, and other personal propertyif Landlord shall so desire, as well as then Tenant, at its own cost and expense, shall restore the same before the end of the term. Tenant shall, on or before the end of the term, remove from the Premises all its property together with any alterations or alterations, additions and improvements, the removal of which is requested by Landlord, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's ’s option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole ’s cost and expense, if without further notice to or demand upon Tenant. If the Premises be not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so surrendered as and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premiseswhen aforesaid, 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. Tenant's obligation to observe or perform ’s obligations under this covenant Section shall survive the expiration or other sooner termination of the Lease Termterm.
Appears in 1 contract
Sources: Lease Agreement (Highland Transcend Partners I Corp.)
Surrender of Premises. Except for changes resulting from eminent domain proceedingsin the case of condemnation described in subsection 12(a), at the expiration or sooner termination of the Lease Termterm of this Lease, 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 and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of rent rent, and shall inform Landlord of all combinations on locks, safes safes, and vaults, if any, in the Leased Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal propertyProperty, 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. Any , 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 sole cost and expense, if without further notice to or demand upon Tenant. If the Leased Premises be not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so surrendered as and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premiseswhen aforesaid, 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 Lease Termterm of this Lease.
Appears in 1 contract
Sources: Lease Agreement (First National Bancshares Inc /Sc/)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at (a) At the expiration end of the Term or any renewal thereof or other sooner termination of the Lease Termthis Lease, Tenant shall surrender will peaceably deliver to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in the same condition as received, or first installed, subject to the Premises were in terms of Paragraphs 39 & 21 and the rights and obligation of Tenant concerning casualty damage pursuant to Paragraph 20, damage by fire, earthquake, Act of God, ordinary wear and tear, Hazardous Substances (other than those for which Tenant is indemnifying Landlord pursuant to Paragraph 39) or the elements alone excepted. Tenant may, upon delivery the termination of possession thereto under this Lease, reasonable wear remove all movable furniture and tear equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed shall be deemed abandoned by Tenant, and damage due to casualty (title to the extent not required same shall thereupon pass to Landlord. Upon request by Landlord, and unless otherwise agreed to in writing by Landlord, Tenant shall remove, at Tenant’s sole cost, any or all Alterations to the Premises installed by or at the expense of Tenant and all movable furniture and equipment belonging to Tenant which may be repaired or restored left by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any resulting from such removal.
(b) The voluntary or all other surrender of such property this Lease by Tenant, or a mutual cancellation thereof, shall not so removed work a merger, and shall, at Landlord's option, become the exclusive property option of Landlord or be disposed of by Landlord, terminate all or any existing subleases or subtenancies, or may, at Tenant's sole cost and expensethe option of Landlord, if not removed by Tenant after receipt of written notice from Landlord pursuant operate as an assignment to Section 7.2.
1. In the event Tenant shall fail to pay the cost it of any or all such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss subleases 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termsubtenancies.
Appears in 1 contract
Sources: Sublease (DemandTec, Inc.)
Surrender of Premises. Except for changes resulting from eminent domain proceedingsNOTICE
12.01. Lessee shall, at least six (6) months prior to expiration of the term or any renewal term hereof, give to Lessor a written notice of its intention to surrender the Leased Premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as a consent of Lessor to any holding over by Lessee. REMOVAL OF PROPERTY
12.02. Lessee shall, without demand therefor and at his own cost and expense within thirty (30) days after expiration or sooner termination of the Lease Termterm hereof or of any renewal term hereof remove all property belonging to it and all alterations, Tenant shall surrender additions, or improvements, and fixtures which by the terms hereof it is permitted to remove, repair all damage to the Leased Premises in caused by such removal and restore the same Leased Premises to the condition as the Premises they were in upon delivery prior to the installation of possession thereto under this Leasethe property so removed. Any property not so removed shall be deemed to have been abandoned by Lessee and may be retained or disposed of by Lessor. SURRENDER
12.03. Lessee agrees to and shall, reasonable on expiration or sooner termination of the term hereof or of any extended term hereof, promptly surrender and deliver the Leased Premises to Lessor without demand therefor in good condition, ordinary wear and tear and damage due to casualty (to by the extent not required to be repaired elements, fire, or restored act of God, or by Tenant under this Lease) other cause beyond the reasonable control of Lessee excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 Lease Term.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner earlier termination of the Lease TermTerm of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in the same neat and clean condition as 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 were in upon delivery prior to or during the Term of possession thereto under this Lease, reasonable excepting only ordinary wear and tear use and damage due to by fire or other casualty (to the extent not required to be repaired or restored by Tenant for which, under other provisions of this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment Tenant has no responsibility of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premisesrepair or restoration. Tenant shall at such time remove all of Tenant's Trade Fixtures includingRemovable Property and, but not limited toto the extent specified by Landlord, equipment, signs, furnishings, inventory , machinery (i) all alterations and additions made by Tenant and all partitions wholly within the Premises unless installed initially by Landlord in preparing the Premises for Tenant's occupancy, and (ii) any wiring, cables or other personal propertyinstallations appurtenant thereto for Tenant's computer, as well as telephone and other communication systems and equipment whether located in the Premises or in any alterations or improvementsother portion of the Building, including all risers. Upon such removal, Tenant shall restore the Premises to their condition prior to such alterations, additions and improvements and shall repair any damage damages to the Premises or the Building caused therebyby such removal and restoration. Any Tenant's Removable Property which shall remain in the Building or all on the Premises after the expiration or termination of such the Term of this Lease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property not so removed shall, at Landlord's option, become the exclusive property of Landlord or may be disposed of by Landlordin such manner as Landlord may see fit, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 Lease Term.
Appears in 1 contract
Sources: Lease Agreement (SmartPros Ltd.)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises and exclusive possession of the Premises to Landlord at the place then fixed broom clean and in good condition and repair, reasonable wear and tear excepted (and casualty damage excepted), with all of Tenant's personal property, electronic, fiber, phone and data cabling and related equipment that is installed by or for the payment exclusive benefit of rent Tenant (to be removed in accordance with the National Electric Code and shall inform Landlord of all combinations on locks, safes other applicable Laws) and vaultsthose items, if any, in of Alterations identified by Landlord pursuant to Section 13.2, removed therefrom and all damage caused by such removal repaired. If Tenant fails to remove by the Premises. Tenant shall at such time remove expiration or sooner termination of this Lease all of Tenant's Trade Fixtures includingits personal property and Alterations identified by Landlord for removal pursuant to Section 13.2, but not limited toLandlord may, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage (without liability to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by LandlordTenant for loss thereof), at Tenant's sole cost and expensein addition to Landlord's other rights and remedies under this Lease, if not removed by Tenant after receipt of written at law or in equity: (a) remove and store such items in accordance with applicable Law; and/or (b) upon ten (10) days' prior notice from to Tenant, sell all or any such items at private or public sale for such price as Landlord pursuant to Section 7.2.
1may obtain as permitted under applicable Law. In Landlord shall apply the event Tenant shall fail to pay the cost proceeds of any such repairsale to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt storage and/or sale of a bill therefore. ▇▇ Tenant shall so surrender the Premisessuch items), Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, with any claims made by any succeeding occupant founded on such delay. remainder to be paid to Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.
Appears in 1 contract
Sources: Multi Tenant Lease (Nnn) (WaferGen Bio-Systems, Inc.)
Surrender of Premises. Except for changes resulting from eminent domain proceedingsOn the Expiration Date, Tenant shall quit and surrender the Demised Premises broom clean, and in good condition and repair, together with all alterations, fixtures, installations, additions and improvements which may have been made in or attached on or to the Demised Premises, including but not limited to an aggregate of at least nine (9) lifts, electric or hydraulic but exclusive of any furniture and equipment, other than lifts, which replaced damaged or obsolete items (except if such items were damaged due to the gross negligence or intentional acts of Tenant.) Landlord, at its option, may require Tenant to restore the expiration Demised Premises to the condition the Demised Premises was in on the Commencement Date in accordance with Section 6.03(b). Any personal property of Tenant which shall remain in or sooner on the Demised Premises after the termination of the Lease Termand the removal of Tenant from the Demised Premises, Tenant shall surrender may, at the Premises in the same condition as the Premises were in upon delivery option of possession thereto under this LeaseLandlord and without notice, reasonable wear and tear and damage due be deemed to casualty (to the extent not required to be repaired or restored have been abandoned by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to may either be retained by Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such its property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of of, without accountability, in such manner as Landlord may see fit, or if Landlord shall give written notice to Tenant to such effect, such property shall be removed by LandlordTenant, at Tenant's sole cost and expense, if ; and Landlord shall not removed by Tenant after receipt of written notice from Landlord pursuant be responsible for any loss or damage occurring to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay property owned by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delayTenant. Tenant's obligation to observe or perform under this covenant Section shall survive the expiration or other termination of the Lease TermExpiration Date.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, Unless otherwise instructed by Tenant at least sixty (60) days prior to the expiration or sooner termination of the Lease Term, Subtenant shall at its own expense and before the end of the term hereof (a) remove any alterations and improvements made to the Subleased Premises by Subtenant (including, without limitation Subtenant’s Work), but excluding any alterations that are expressly permitted to stay pursuant to the terms of this Sublease or that Tenant waived the right to have remove as part of granting its consent to construct, (b) remove all of its contents from the Building, including trade fixtures, machinery, equipment, furniture (but excluding Tenant’s Furniture), and furnishing, (c) repair all damage resulting from the removal of the items specified in the preceding clauses (a) and (b), and close all floor, ceiling, and roof openings, and (d) surrender the Subleased Premises to Tenant in as good condition and repair as the Subleased Premises were in at the Commencement Date, reasonable wear, tear and damage from fire or other casualty not Subtenant’s obligation to repair excepted. All property of Subtenant remaining on the Subleased Premises after the termination of the term hereof shall be deemed to have been abandoned by Subtenant, provided, however, that if any such property so remains on the Subleased Premises and the removal of such property would impose an expense on Tenant, then, at Tenant’s election, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures includingentitled, but not limited toobligated, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of remove such property not so removed shall, at Landlord's option, become the exclusive property on behalf of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt account of a bill therefore. ▇▇ Tenant shall Subtenant, in which case all expenses so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay incurred by Tenant in so surrendering the Premises includingconnection therewith shall be paid by Subtenant to Tenant, without limitationas additional rent hereunder, any claims made by any succeeding occupant founded on such delay. immediately upon Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term’s demand therefor.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings28.1 On the last day, at the expiration or sooner termination of the Lease Termthis Lease, Tenant shall surrender the Premises quit and surrender, in the same good condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable and repair (ordinary wear and tear excepted), the Premises and damage due to casualty (all alterations, additions, improvements and betterments which may have been made in or to the extent not required to be repaired or restored by Tenant under this LeasePremises, except: (i) excepted, movable and shall surrender all keys for the Premises to Landlord unattached furniture and trade fixtures installed at the place then fixed for the payment expense of rent Tenant; and shall inform Landlord of all combinations on locks, safes and vaults(ii) such other property, if any, which Tenant is expressly authorized in writing by Director to remove from the Premises.
28.2 Tenant shall ascertain in writing from Director not less than thirty (30) days prior to the end of the term of this Lease whether Director desires to have Tenant remove any construction, betterment, alterations or additions which may have been made by Tenant upon the Premises and to restore the Premises to the condition they were in when received (reasonable use and wear thereof excepted). If Director should so desire, then Tenant shall remove any such construction, betterment, alterations or additions and restore the Premises at its sole cost and expense. Any failure by Tenant to so notify Director shall not relieve Tenant of its obligations under this subparagraph.
28.3 Tenant shall, on or before the end of the term of this Lease, remove all personal property owned by it (except such as it may be required to surrender under the provisions of the two immediately preceding paragraphs) from the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of All such property not so removed shallprior to any vacation, abandonment, dispossession or surrender of the Premises shall be deemed, at Landlord's optionthe option of Director, become the exclusive property of Landlord or be disposed of to have been abandoned by Landlord▇▇▇▇▇▇. City may, at Tenant's sole cost and expensethe option of Director, if not removed retain any such property so abandoned by Tenant after receipt or remove and/or dispose of written notice from Landlord pursuant to Section 7.2.
1such property. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord City for the amount thereof within five (5) days after receipt any costs or expenses incurred by City in removing and/or disposing of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay such property promptly upon demand by Tenant in so surrendering the 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 Lease TermCity.
Appears in 1 contract
Sources: Lease Agreement
Surrender of Premises. Except for changes resulting from eminent domain proceedingsNo act by Landlord shall be deemed an acceptance of a surrender of the Premises, at and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or sooner termination of the Lease Termthis Lease, Tenant shall surrender deliver to Landlord the Premises with all improvements located therein in the same condition as the Premises were in upon delivery of possession thereto required to be maintained under this Lease, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and damage due condemnation and Casualty damage, as to casualty (to the extent not required to be repaired or restored by Tenant under this Leasewhich Section 14 and Section 15 shall control) excepted, and shall surrender deliver to Landlord all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall at (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such time remove all of Tenant's Trade Fixtures includingalterations, but not limited toadditions (including stairs and bath vaults), improvements, trade fixtures, personal property, equipment, signswiring, furnishingsconduits, inventory , machinery , cabling and other personal property, furniture (including Tenant’s Off-Premises Equipment) as well as any alterations or improvements, and Landlord may request. Tenant shall repair any all damage to the Premises caused therebyby such removal. Any or all of such property All items not so removed shall, at Landlord's ’s option, become the exclusive property of Landlord be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or be otherwise disposed of by Landlord, Landlord at Tenant's sole ’s cost without notice to Tenant and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant without any obligation to Section 7.2.
1. In the event Tenant shall fail to pay the cost of account for such items; any such repair, Landlord may do so and Tenant disposition shall reimburse Landlord for not be considered a strict foreclosure or other exercise of Landlord’s rights in respect of the amount thereof within five (5) days after receipt security interest granted under Section 20. The provisions of a bill therefore. ▇▇ Tenant shall so surrender the Premises, 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. Tenant's obligation to observe or perform this covenant Section 21 shall survive the expiration or other earlier termination of the Lease TermLease.
Appears in 1 contract
Sources: Office Lease Agreement (Interpace Biosciences, Inc.)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at the expiration or sooner termination of the Lease Term, 7.01 Tenant shall surrender the Premises to Landlord at the termination of this Lease broom clean and in the same condition as they were at the Premises were in upon delivery beginning of possession thereto under this Leasethe term, reasonable wear and tear and damage by fire or other casualty not due to casualty (the misuse or neglect by Tenant or Tenant’s agents, servants, visitors or licensees excepted. Prior to the extent not required expiration or termination of this Lease, Tenant shall remove from the Property all furniture, trade fixtures, equipment, wiring and cabling (unless Landlord directs Tenant otherwise as it relates to be repaired or restored wiring and cabling), and all other personal property installed by Tenant under this Lease) exceptedor its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and shall surrender all keys for Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If ▇▇▇▇▇▇ does not return possession of the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premisescondition required under this Lease, Tenant shall indemnify pay Landlord against loss or liability resulting from the delay reasonable costs incurred by Tenant Landlord in so surrendering putting the Premises includingin the condition so required, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's which obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termthis Lease.
Appears in 1 contract
Sources: Lease Agreement
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at (a) At the expiration end of the Term or any renewal thereof or other sooner termination of the Lease Termthis Lease, Tenant shall surrender will peaceably deliver to Landlord possession of the Premises Premises, together with all improvements or additions upon or belonging to Landlord, by whomsoever made, in the same condition as received, or first installed, subject to the Premises were in upon delivery terms of possession thereto under this LeaseParagraphs 39 & 21, reasonable subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage due pursuant to casualty (to Paragraph 20, damage by fire, earthquake, Act of God, or the extent not required to be repaired or restored by elements alone excepted. Tenant under may, upon the termination of this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of movable furniture and equipment belonging to Tenant, at ▇▇▇▇▇▇'s Trade Fixtures includingsole cost, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair provided that Tenant repairs any damage to the Premises caused therebyby such removal. Any or all of such property Property not so removed shallshall be deemed abandoned by Tenant, at and title to the same shall thereupon pass to Landlord's option. Upon request by ▇▇▇▇▇▇▇▇, become the exclusive property of Landlord or be disposed of and unless otherwise agreed to in writing by Landlord, Tenant shall remove, at Tenant's sole cost cost, any or all Alterations to the Premises installed by or at the expense of Tenant and expense, if not removed all movable furniture and equipment belonging to Tenant which may be left by Tenant after receipt of written notice and repair any damage resulting from Landlord pursuant to Section 7.2such removal.
1. In (b) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the event Tenant shall fail option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to pay the cost it of any or all such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss subleases 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termsubtenancies.
Appears in 1 contract
Sources: Lease Agreement (Ariba Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration or sooner earlier termination of the this Lease Termor Tenant's right of possession hereunder, Tenant shall remove all Tenant's Property from the Premises, remove all Required Removables designated by Landlord and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition as the Premises were in upon delivery of possession thereto under this Leaseand repair, reasonable ordinary wear and tear and damage due excepted. If Tenant fails to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all any of Tenant's Trade Fixtures includingProperty within one (1) day after the termination of this Lease or Tenant's right to possession hereunder, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, shall be entitled to remove and/or store such Tenant's Property and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all expenses caused by such removal and all storage charges against such property so long as the same shall be in the possession of Landlord or under the control of Landlord. In addition, if not removed by Tenant fails to remove any Tenant's Property from the Premises or storage, as the case may be, within ten (10) days after receipt of written notice from Landlord pursuant Landlord, Landlord, at its option, may deem all or any part of such Tenant's Property to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay have been abandoned by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delayand title thereof shall immediately pass to Landlord. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.24 27
Appears in 1 contract
Sources: Office Lease (Aht Corp)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Tenant shall deliver the Premises to Landlord upon the expiration or sooner termination of the Term or upon termination of Tenant's right of possession of the Premises in as good condition as when Tenant was first entitled to possession thereof, ordinary wear and fire and other casualty not resulting from Tenant's negligence excepted, failing which Landlord may restore the Premises to such condition and Tenant shall pay Landlord the cost thereof in accordance with the provisions of Paragraph 26 hereof. All installations, alterations, additions, hardware, non-trade fixtures and improvements, temporary or permanent, except movable furniture, trade fixtures and equipment belonging to Tenant, in or upon the Premises, whether placed there by Tenant or Landlord, unless otherwise agreed in writing at the time of the installation, shall be Landlord's property and shall be relinquished to Landlord in good condition, ordinary wear and tear excepted, at the termination of this Lease Termor Tenant's right to possession by lapse of time or otherwise, all without compensation, allowance or credit to Tenant; provided, however, that if prior to such termination or within fifteen (15) days thereafter Landlord so directs by notice, Tenant shall surrender promptly remove the installations, alterations, additions, hardware, non-trade fixtures and improvements placed in or upon the Premises by Tenant and designated in the notice, failing which Landlord may remove the same condition as the Premises were in and Tenant shall, upon delivery of possession thereto under this Leasedemand, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises pay to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of such removal and of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt necessary restoration of a bill therefore. ▇▇ Tenant shall so surrender the Premises, 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.
Appears in 1 contract
Sources: Lease Agreement (Sonic Foundry Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner earlier termination of the Lease TermTerm of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in the same neat and clean condition as 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 were in upon delivery prior to or during the Term of possession thereto under this LeaseLease (except as hereinafter provided), reasonable excepting only ordinary wear and tear and use, damage due to casualty (to the extent not required to be repaired by fire or restored by Tenant under this Lease) exceptedother casualty, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premisestaking by eminent domain. Tenant shall at such time remove all of Tenant's Trade Fixtures includingRemovable Property and, but not limited toto the extent specified by Landlord at the time of Landlord's consent thereto, equipmentall alterations, signsinstallations and additions made by Tenant (excluding Tenant's Work, furnishings, inventory , machinery , other than the Tank) and other personal property, as well as any alterations or improvements, all partitions wholly within the Premises unless installed initially by Landlord in preparing the Premises for Tenant's occupancy; and shall repair any damage damages to the Premises Premises, the Building, or the Property caused therebyby such removal, subject to Section 10.4 above. Any Tenant's Removable Property which shall remain in the Building or all on the Premises after the expiration or termination of such the Term of this Lease (and vacancy thereof by Tenant) shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property not so removed shall, at Landlord's option, become the exclusive property of Landlord or may be disposed of by Landlordin such manner as Landlord may see fit, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 Lease Term.
Appears in 1 contract
Sources: Lease Agreement (Repligen Corp)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner other termination of the Lease Term--------------------- this Lease, Tenant shall quit and surrender to Landlord the Demised Premises and every part thereof and all alterations, additions and improvements thereto, broom clean and in the same good condition as the Premises were in upon delivery and state of possession thereto under this Leaserepair, reasonable wear and tear and damage due to insured casualty (to the extent not required to be repaired or restored by Tenant under this Lease) only excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall remove all personalty and equipment not attached to the Demised Premises which it has placed upon the Demised Premises (including but not limited to Tenant's voice and data equipment and back-up power equipment installed by Tenant at Tenant's cost, trade fixtures and furniture), and Tenant shall repair all damage to the Demised Premises, Building or Project caused by the removal of such time property. If Tenant shall fail or refuse to remove all of Tenant's Trade Fixtures includingeffects, but not limited topersonalty and equipment from the Demised Premises upon the expiration or termination of this Lease for any cause whatsoever or upon the Tenant being dispossessed by process of law or otherwise, equipmentsuch effects, signspersonalty and equipment shall be deemed conclusively to be abandoned and may be appropriated, furnishingssold, inventory stored, machinery destroyed or otherwise disposed of by Landlord without obligation to account for them. Tenant shall pay Landlord on demand any and all expenses (net of the net proceeds, and other personal propertyif any, as well as any alterations or improvementsreceived by Landlord from the sale, and shall repair any damage to the Premises caused thereby. Any or all if any, of such property not so removed shallor any portion thereof) incurred by Landlord in the removal of such property, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, the cost of repairing any claims made damage to the Building or Project caused by any succeeding occupant founded on the removal of such delayproperty and storage charges (if Landlord elects to store such property). Tenant's obligation to observe or perform The covenants and conditions of this covenant Article 30 shall survive the any expiration or other termination of the Lease Termthis Lease.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at (a) At the expiration end of the term or any renewal thereof or other sooner termination of this Lease, the Lease TermTenant will peaceably deliver up to the Landlord possession of the Premises, Tenant shall surrender together with all improvements, alterations or additions upon or belonging to the Premises same, by whomsoever made, in the same condition as received, or first installed, ordinary wear and tear, damage by fire, earthquake, act of God, or the Premises were in elements alone excepted. Tenant shall, upon delivery the termination of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of movable furniture and equipment belonging to Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost cost, title to which shall be in name of Tenant until such termination, repairing any damage caused by such removal. Property not so removed shall be deemed abandoned by the Tenant, and expense, if not removed title to the same shall thereupon pass to Landlord. Unless otherwise agreed to in writing by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the PremisesLandlord, Tenant shall indemnify Landlord against loss remove, at Tenant's sole cost, any or liability all permanent improvements or additions to the Premises installed by or at the expense of Tenant and all movable furniture and equipment belonging to Tenant which may be left by Tenant and repair any damage 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. Tenant's obligation to observe or perform this covenant shall survive the expiration removal.
(b) The voluntary or other termination surrender of this lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of the Lease TermLandlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenancies.
Appears in 1 contract
Sources: Lease (Optium Corp)
Surrender of Premises. Except for changes resulting from eminent domain proceedings26.1 Landlord shall, at least thirty (30) days before the expiration last day of the Term, arrange to meet Tenant for a joint inspection of the Premises.
26.2 At the end of the Term or any renewal of the Term or other sooner termination of the Lease Termthis Lease, Tenant shall surrender will peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, whether in the Premises or in, on or to the Building, in the same condition as the Premises were in upon delivery conditions received or first installed, broom clean and free of possession thereto under this Leaseall debris, reasonable excepting only ordinary wear and tear and damage due to casualty (to the extent not required to be repaired by fire or restored by other casualty. Tenant under may, and at Landlord’s request shall, at Tenant’s sole cost, remove upon termination of this Lease) excepted, any and shall surrender all keys for the Premises furniture, furnishings, movable partitions of less than full height from floor to Landlord at the place then fixed for the payment of rent ceiling, trade fixtures and shall inform Landlord of all combinations on locksother property installed by Tenant, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, raised flooring, conduits, cabling, condensers, dry coolers, generators, pull boxes, junction boxes, supplemental HVAC units, electrical equipment, signsfire suppression systems, furnishingsetc., inventory title to which shall not be in or pass automatically to Landlord upon such termination, machinery , and other personal property, as well as any alterations or improvements, and shall repair any repairing all damage to the Premises caused therebyby such removal. Any or all of such property Property not so removed shall, at Landlord's optionunless requested to be removed, become be deemed abandoned by the exclusive property Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a ▇▇▇▇ of sale. All other alterations, additions and improvements in, on or to the Premises shall be dealt with and disposed of as provided in Article 6 hereof.
26.3 All obligations of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for under this Lease not fully performed as of the amount thereof within five (5) days after receipt expiration or earlier termination of a bill therefore. ▇▇ Tenant shall so surrender the Premises, 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. Tenant's obligation to observe or perform this covenant Term shall survive the expiration or other earlier termination of the Lease Term.
Appears in 1 contract
Sources: Lease (Neutral Tandem Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. At such time Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signsvault, furnishingsmachinery, inventory trade fixtures, machinery satellite dish, and other personal property, as well welI as any alterations Alterations or improvements, if reasonably requested to do so by Landlord, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shallshall become, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written without further notice from Landlord pursuant to Section 7.2.
1or demand upon Tenant. In the event Should Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) 5 days after after' receipt of a bill ▇▇▇▇ therefore. ▇▇ If Tenant shall so surrender the Premises, 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▇▇- ▇▇▇. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Term.
16.4.1 Tenant shall have the right, on or before the date it vacates the Premises, to place a sign at the front of the Premises, in a place visible to Tenant's customers, directing such customers to another of Tenant's stores and/or providing Tenant's customers with a telephone number as long as such signage does not violate (i) applicable laws, ordinances, orders, rules or regulations of any governmental authority, or (ii) covenants running with the Premises. Tenant shall be entitled to leave said sign at the front of the Premises until the earlier to occur of (i) three months after Tenant vacates the Premises, or (ii) the date a new tenant opens for business in the Premises.
Appears in 1 contract
Sources: Assignment and Assumption of Lease Agreement (Aei Income & Growth Fund 25 LLC)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration of the Term or sooner termination of the Lease Termthis Lease, Tenant shall agrees to quit and surrender the Premises Demised Premises, broom clean, in the same good condition as the Premises were in upon delivery of possession thereto under this Leaseand repair, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender together with all keys for the Premises and combinations to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaultsvaults and all improvements, alteration, additions, fixtures and equipment at any time made or installed in, upon or to the interior or exterior of the Demised Premises, all of which shall thereupon become the property of Landlord without any claim by Tenant therefor. Before surrendering the Demised Premises, Tenant (if any, not in the Premises. Tenant default) shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery ’s personal property and unattached movable trade fixtures, and other personal property, as well as any alterations or improvements, and Tenant shall repair any damage to the Premises caused thereby. Any or all If Tenant fails to remove any of such Tenant’s property not so removed and trade fixtures, said property shall, at the option of Landlord's option, either be deemed abandoned and become the exclusive property of Landlord, or Landlord shall have the right to remove said property, at the expense of Tenant, without further notice to or be disposed of demand upon Tenant, and hold Tenant responsible for any and all charges and expenses incurred by Landlord, at Tenant's sole cost and expense, if . If the Demised Premises is not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premisessurrendered, Tenant shall indemnify Landlord landlord against all loss or liability resulting from the delay by Tenant in so surrendering the Premises same, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform ’s obligations under this covenant paragraph shall survive the expiration or other sooner termination of the Lease Term.
Appears in 1 contract
Sources: Office/Distribution Building Lease (Home Diagnostics Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration of the Term of this Lease or sooner earlier termination of the Lease Termthis Lease, Tenant shall surrender the Premises in the same condition as the Premises same were in upon delivery of possession thereto under at the Commencement Date of the term of this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, its property therefrom and all equipment, signs, furnishings, inventory , machinery , alterations and other personal property, as well as any alterations or improvements, and improvements placed thereon by Tenant. Tenant shall repair any damage to the Premises caused thereby. Any or by such removal, and any and all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if without further notice to or demand upon Tenant. If the Premises be not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premisessurrendered as above set forth, Tenant shall indemnify indemnify, protect, defend and hold Landlord harmless against loss or liability resulting from the delay by Tenant in so surrendering the Premises Premises, including, without limitation, any claims claim made by any succeeding occupant founded on such delay. All property of Tenant not removed within thirty (30) days after the last day of the Term of this Lease shall be deemed abandoned. Tenant hereby appoints Landlord its agent to remove, at Tenant's obligation to observe or perform this covenant shall survive cost, all property of Tenant from the expiration or other Premises upon termination of this Lease and to cause its transportation and storage for Tenant's benefit, all at the Lease Termsole 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.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedingsOn the last day of the term of this Lease, at or on the expiration or sooner termination of the Lease Termthereof, Tenant Lessee shall peaceably surrender the Premises in good condition and repair consistent with Lessee's duty to make repairs as herein provided. On or before the same condition as 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 or Lessee from the Premises were upon termination of this Lease and to cause its transportation and storage for Lessee's benefit, all at the sole cost and risk of Lessee, and Lessor shall not be liable for damage, theft, misappropriation or loss thereof and Lessor shall not be liable in upon delivery any manner in respect thereto. Lessee shall pay all costs and expenses of possession thereto under this Leasesuch removal, transportation and storage. Lessee shall leave the Premises in good order, condition and repair, reasonable wear and tear and damage due from fire and other casualty not caused by Lessee excepted. Lessee shall reimburse Lessor upon demand for any expenses incurred by Lessor with respect to casualty (removal, transportation or storage of abandoned property and with respect to restoring said Premises to good order, condition and repair. All improvements, alterations, additions, installations and fixtures, other than Lessee's trade fixtures and equipment, which have been made or installed by either Lessor or Lessee upon the Premises shall remain the property of Lessor and shall be surrendered with the Premises as a part thereof, unless Lessee is required to remove same pursuant to the extent provisions of Article VIII hereof. If the Premises are not required to be repaired surrendered at the end of the term or restored sooner termination thereof, Lessee shall indemnify Lessor against loss or liability resulting from delay by Tenant under this Lease) exceptedLessee in so surrendering the Premises, including, without limitation, claims made by any succeeding tenants founded on such delay and any attorneys' fees resulting therefrom. Lessee shall promptly surrender all keys for the Premises to Landlord Lessor at the place then fixed for the payment of rent and shall inform Landlord Lessor of all the combinations on locks, safes and of any vaults, if any, in locks and safes left on the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant Lessee remains in possession of the Premises after expiration of this lease and without the execution of a new lease, but with Lessor's written consent, Lessee shall fail be deemed to pay be occupying the cost Premises as a tenant from month-to-month, subject to all the provisions, conditions and obligations of any such repairthis Lease insofar as the same can be applicable to a month-to-month tenancy, Landlord may do so and Tenant except that the Base Rent shall reimburse Landlord be escalated to Lessor's then current base rent for the amount thereof within five (5) days Premises according to Lessor's then current rental rate schedule for prospective tenants. In the event Lessee remains in possession of the Premises after receipt expiration of this Lease and without the execution of a bill therefore. ▇▇ Tenant new lease and without Lessor's written consent, Lessee shall so surrender be deemed to be occupying the Premises, Tenant Premises without claim of right and Lessee shall indemnify Landlord against pay Lessor for all costs arising out of loss or liability resulting from the delay by Tenant Lessee in so surrendering the Premises includingas above provided and shall pay a charge for each day of occupancy in an amount equal to the greater of (i) double the Base Rent and Additional Rent (on a daily basis) then currently being charged by Lessor on new leases in the Office Complex for space similar to the Premises, without limitation, any claims made or (ii) double the Base Rent and Additional Rent (on a daily basis) payable by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform Lessee under this covenant shall survive Lease immediately prior the expiration or other termination of the Lease Termthis Lease.
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Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration of the term of tbis Lease, or any sooner termination of the Lease Termthis Lease, Tenant shall quit and surrender the Premises Leased Premises, together with alterations, additions and improvements that may have been made in, tO, or on the Leased Premises, in the same good condition as the Premises were in upon delivery of possession thereto under this Leaseand repair, reasonable wear and tear and damage due to casualty (to the extent by acts of God excepted. So long as Tenant is not required to be repaired or restored by Tenant in default under this Lease) excepted, and shall surrender he/she may remove all keys for movable furniture or unattached movable fixtures owned by Tenant If the Leased Premises to Landlord are not surrendered at the place then fixed for end of the payment of rent and shall inform Landlord of all combinations on locksLease term, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant tenant shall indemnify Landlord against loss or of liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant Tenant founded on such said delay. Tenant's obligation to observe On or perform this covenant shall survive before the expiration or other termination of the Lease Termterm, the Tenant shall remove all of his/her property from the Leased Premises, and all property not removed shall be deemed abandoned by he Tenant. In tbat event Landlord shall have the unrestricted right to dismantle, destroy, dispose of or use said property in any manner which he/she may see fit whiteout any liability or responsibility to Tenant, or to others claiming through Tenant, for said property or for any proceeds Landlord may realize from any disposition or use thereof. Tenant shall pay to Landlord any costs reasonably incurred by Landlord in removing, storing, dismantling or disposing of any such property to the extent that such costs exceed any amount realized by Landlord from the disposition of such property.
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Surrender of Premises. Except for changes resulting from eminent domain proceedings, Unless otherwise instructed by Tenant at least thirty (30) days prior to the expiration or sooner termination of the Lease Termterm hereof, Subtenant shall at its own expense and before the end of the term hereof (a) remove all fixtures, equipment, partitions, and other improvements to the Premises installed by Subtenant which can be removed without materially damaging the Premises, (b) remove all alterations and improvements to the Premises installed by Subtenant which were not consented to by Landlord, Tenant shall surrender and/or Lessor (as the case may be) as required under this Sublease and the Main Lease and/or the Main Sublease, (c) remove all alterations and improvements to the Premises as requested by Landlord, Tenant and/or Lessor (as the case may be) at the time that any plans for such work are approved by same installed by Subtenant, provided that such request shall not unreasonably be made, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the same condition as three preceding clauses, and close all floor, ceiling, and roof openings, (e) restore any alterations or improvements to the Premises made by Tenant which were in upon delivery of possession thereto under this Leaseexistence on the Commencement Date to the condition in which such alterations or improvements existed on the Commencement Date, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall (f) restore and surrender all keys for the Premises to Landlord Tenant in as good condition and repair as the Premises were in at the place then fixed for Commencement Date, reasonable wear and tear and casualty excepted. All property of Subtenant remaining on the payment Premises after the termination of rent the term hereof shall be deemed to have been abandoned by Subtenant, provided, however, that if any such property so remains on the Premises and shall inform the removal of such property would impose an expense on either Landlord of all combinations on locksor Tenant, safes and vaultsthen, if anyat their election, in the Premises. Landlord or Tenant shall at such time remove all of Tenant's Trade Fixtures includingbe entitled, but not limited toobligated, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of remove such property not on behalf of and for the account of Subtenant, in which case all expenses so removed shall, at Landlord's option, become the exclusive property of incurred by Landlord and/or Tenant in connection therewith shall be paid by Subtenant to Landlord or be disposed of by LandlordTenant (as the case may be), at immediately upon Landlord or Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2demand therefor.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 Lease Term.
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Surrender of Premises. Except for changes resulting from eminent domain proceedings, Unless otherwise instructed by Tenant at least thirty (30) days prior to the expiration or sooner termination of the Lease Termterm hereof, Tenant Subtenant shall surrender at its own expense and before the end of the term hereof (a) remove the demountable walls shown on EXHIBIT D attached hereto and all fixtures, equipment, partitions, and other improvements to the Premises installed by Subtenant which can be removed without materially damaging the Premises, (b) remove all alterations and improvements to the Premises installed by Subtenant which were not consented to by Tenant and/or Lessor (as the case may be) as required under this Sublease and the Main Lease, (c) remove all alterations and improvements to the Premises installed by Subtenant as requested by Tenant and/or Lessor (as the case may be) at the time that any plans for such work are approved by same, provided that such request shall not unreasonably be made, (d) repair all damage resulting from the initial installation or subsequent removal of the items specified in the same condition as three preceding clauses, and close all floor, ceiling, and roof openings caused by Subtenant, (e) restore any alterations or improvements to the Premises made by Tenant which were in upon delivery of possession thereto under this Leaseexistence on the Commencement Date to the condition in which such alterations or improvements existed on the Commencement Date, reasonable wear and tear and damage due to by casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall (f) restore and surrender all keys for the Premises to Landlord Tenant in as good condition and repair as the Premises were in at the place then fixed for the payment Commencement Date, reasonable wear and tear and damage by casualty excepted. All property of rent and shall inform Landlord of all combinations Subtenant remaining on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all after the termination of the term hereof shall be deemed to have been abandoned by Subtenant, provided, however, that if any such property so remains on the Premises and the removal of such property not so removed shallwould impose an expense on Tenant, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlordthen, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premiseselection, Tenant shall indemnify Landlord against loss or liability resulting from be entitled, but not obligated, to remove such property on behalf of and for the delay account of Subtenant, in which case all expenses so incurred by Tenant in so surrendering the Premises includingconnection therewith shall be paid by Subtenant to Tenant, without limitationas additional rent hereunder, any claims made by any succeeding occupant founded on such delay. immediately upon Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termdemand thereof.
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Surrender of Premises. Except for changes resulting from eminent domain proceedingsUpon expiration or termination of this Lease or upon the termination of Tenant's right of possession, whether by lapse of time or at the expiration or sooner termination of the Lease TermLandlord's option as herein provided, Tenant shall immediately surrender the Premises in the same condition as the Premises were in upon delivery possession of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery its property therefrom as permitted or required hereunder, and other if such possession is not immediately surrendered, Landlord may re-enter the Premises and remove all persons and property therefrom. Without limiting the generality of the foregoing, Tenant agrees to remove at the termination of this Lease all personal propertyproperty to which Tenant is entitled under Article 16 hereof, as well as together with any alterations or improvements, and shall repair any Leasehold Improvements Landlord designates in writing to be removed. All damage to the Premises caused therebyor the Building arising from Tenant's moving of property in or out of the Building including damage to floors due to overloading, shall be fully repaired at Tenant's sole expense. Any If Tenant fails or all of refuses to remove any such property not so removed from the Premises, Tenant shall be conclusively presumed to have abandoned the same, and title thereto shall thereupon pass to Landlord without cost, set-off, credit allowance or otherwise, and Landlord may accept title to such property, or at Tenant's expense, remove it or any part thereof in any manner that Landlord shall choose and store or dispose of it without incurring liability to Tenant or any other person. Neither surrender of this Lease by Tenant nor a mutual cancellation thereof shall cause a merger, but rather shall, at Landlord's option, become the exclusive property of operate to terminate any or all subleases or subtenancies or operate as an assignment to Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any or all of such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss subleases 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termsubtenancies.
Appears in 1 contract
Sources: Lease Agreement (Sse Telecom Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner termination of the Lease Termthis Lease, Tenant shall vacate and surrender the Premises to Landlord in the same as good condition and repair as existed upon Landlord's delivery of the Premises were in upon delivery of possession thereto under this Leaseto Tenant, reasonable wear and tear and damage due repairs which are specifically made the responsibility of Landlord hereunder excepted. Notwithstanding the foregoing, prior to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall Tenant's surrender all keys for of the Premises to Landlord Landlord, at the place then fixed for the payment expiration or earlier termination of rent and shall inform Landlord of all combinations on locksthis Lease, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's its sole cost and expense, if not removed cause the following to be done: (i) all interior walls shall be painted or cleaned, as necessary; (ii) all tiled floors shall be cleaned; (iii) all carpets shall be cleaned and shampooed; (iv) all broken, marred, stained or nonconforming acoustical ceiling tiles shall be replaced; (v) all debris, rubbish, such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant after receipt or installed or placed by Tenant at its expense in the Premises shall be removed; and (vi) the plumbing and electrical systems and lighting shall be placed in good order and repair (including replacement of written notice from Landlord any burned out, discolored or broken light bulbs, ballasts, or lenses). In addition, at Landlord's request, Tenant shall, prior to Tenant's surrender of the Premises to Landlord, (i) remove any Alterations which Tenant is required to remove pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any 5.5 and repair all damage caused by such repairremoval, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5ii) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering return the Premises including, without limitation, or any claims made by any succeeding occupant founded on such delay. Tenant's obligation part thereof to observe or perform this covenant shall survive the expiration or other termination its original configuration existing as of the Lease Termtime the Premises were delivered by Landlord to Tenant, except as provided in this Lease.
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Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner termination of the Lease Term, Tenant shall quit and surrender the Premises Leased Premises, in the same good condition as the Premises were in upon delivery of possession thereto under this Leaseand repair, reasonable wear and tear excepted, together with all keys and damage due combination to casualty (locks, all improvements, alterations, and additions, except personal property and other trade fixtures, furnishings, and equipment that Tenant may remove pursuant to the extent terms thereof, all of which shall thereupon become the property of Landlord without any claim by Tenant therefore; but the surrender of such property to Landlord shall not required be deemed to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the a payment of rent or in lieu of any rent reserved hereunder; however, notwithstanding the generality of the foregoing provisions, Landlord shall have the right to require Tenant, upon written notice given at any time during the Term or within sixty (60) days thereafter, to remove any improvements, alterations, or additions made by or on behalf of Tenant and shall inform Landlord of all combinations on locksto repair any damage to the Leased Premises caused by such removal. Before surrendering the Leased Premises, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signssaid personal property and unattached movable trade fixtures, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, equipment and if Tenant fails to do so said property shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, be deemed abandoned and become the exclusive property of Landlord; but the retention or disposition of such abandoned property by Landlord shall not act as release or be disposed satisfaction of any damages sustained by Landlord, at Landlord on account of Tenant's sole cost failure to remove the same as required by this section. If the leased Premises be not surrendered as and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premiseswhen aforesaid, Tenant shall indemnify Landlord landlord against all loss or and liability resulting from the delay by Tenant in so surrendering the Premises same, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform obligations under this covenant 17 Article shall survive the expiration or other sooner termination of the Lease Termterm of this Lease.
Appears in 1 contract
Sources: Assignment of Real Estate Lease (Educational Medical Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedingsNo act by Landlord shall be deemed an acceptance of a surrender of the Premises, at and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or sooner termination of the Lease Termthis Lease, Tenant shall surrender deliver to Landlord the Premises with all improvements located therein in the same condition as good repair and condition, free of Hazardous Materials placed on the Premises were in upon delivery of possession thereto under this Leaseduring the Term by a Tenant Party, broom-clean, reasonable wear and tear (and condemnation and Casualty damage due not caused by Tenant, as to casualty (to the extent not required to be repaired or restored by Tenant under this Leasewhich Sections 14 and 15 shall control) excepted, and shall surrender deliver to Landlord all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time may remove all of Tenant's Trade Fixtures includingunattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not limited toremove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord’s option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, signswiring, furnishingsconduits, inventory , machinery cabling, and furniture (including Tenant’s Off-Premises Equipment) as Landlord may request. Notwithstanding the provisions of the preceding sentence, Tenant may request Landlord’s requirements with respect to the removal of such items and Landlord will respond as to such requirements as follows: (a) if Tenant’s request is made at the time Tenant requests approval of such items, Landlord’s response will be given with Landlord’s response to Tenant’s request, or (ii) if Tenant’s request is made at any other personal propertytime, as well as any alterations or improvements, and Landlord’s response will be given within thirty (30) days following Tenant’s request. Tenant shall repair any all damage to the Premises caused therebyby such removal. Any or all of such property All items not so removed shall, at Landlord's ’s option, become the exclusive property of Landlord be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or be otherwise disposed of by Landlord, at Tenant's sole cost Landlord without notice to Tenant and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of without any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform account for such items. The provisions of this covenant Section 21 shall survive the expiration or other termination end of the Lease Term.
Appears in 1 contract
Sources: Lease Agreement (Ariba Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the termination of Tenant's rights of possession under this Lease (whether as a result of the expiration or sooner termination of the Lease TermTerm or any renewal or extension thereof or any sooner termination thereof in accordance with the terms of the Lease), Tenant shall immediately surrender the Premises to Landlord in the same condition and state of repair as the Premises were in upon delivery of possession thereto thereof to Tenant under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by excepted. Tenant under this Lease) excepted, and shall also thereupon surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the PremisesLandlord. Tenant shall at such time remove all of Tenant's Trade Fixtures includingits trade fixtures and any alterations, but not limited toadditions, equipment, signs, furnishings, inventory , machinery , decorations or improvements which Landlord requests to be removed before surrendering the Premises to Landlord as aforesaid and other personal property, as well as any alterations or improvements, and Tenant shall promptly repair any damage caused to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 this Lease Termand Tenant's rights of possession hereunder. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
Appears in 1 contract
Sources: Lease Agreement
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner termination of the Lease Termthis Lease, Tenant shall surrender the Premises to Landlord in the same condition as the Premises were in upon delivery of possession thereto under this Leaseits original condition, except for reasonable wear and tear and damage due to from casualty (or condemnation; provided, however, that prior to the extent not expiration or termination of this Lease Tenant shall remove from the Premises all Tenant's personal property, trade fixtures, alterations and other Above-Standard Improvements that Tenant has the right or is required by Landlord to be repaired or restored by Tenant remove under the provisions of this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove also be responsible for removal of all telephone cables and wires, CRT, data and telephone equipment, and any other form of cabling that exists in Tenant's Trade Fixtures includingspace. If any of such removal is not completed at the expiration or termination of this Lease, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any Landlord may remove the same at Tenant's expense. Any damage to the Premises or the Building caused thereby. Any or all of by such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or removal shall be disposed of repaired promptly by Landlord, at Tenant's sole cost and expenseTenant or, if not removed by Tenant after receipt of written notice from Landlord pursuant fails to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repairdo so, Landlord may do so and at Tenant's expense, in which event Tenant shall immediately reimburse Landlord for such expenses together with interest at the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall Default rate until so surrender the Premises, 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 delaypaid. Tenant's obligation to observe or perform obligations under this covenant Paragraph shall survive the expiration or other termination of this Lease. Upon expiration or termination of this Lease or of Tenant's possession, Tenant shall surrender all keys to the Lease TermPremises or any other part of the Building and shall make known to Landlord the combination of locks on all safes, cabinets and vaults that may be located in the Premises.
Appears in 1 contract
Sources: Sublease Agreement (Zapme Corp)
Surrender of Premises. Except Tenant shall, upon expiration or sooner termination of this Lease, surrender the Premises to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Tenant is not obligated to repair excepted. Tenant shall remove upon termination of this Lease, any and all of Tenant’s furniture, work stations, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property (collectively, “Personal Property”); provided, however Tenant shall not be required to remove trade fixtures unless required to do so by Landlord as a condition to approval of installation. Personal Property not so removed shall be deemed abandoned by Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a ▇▇▇▇ of sale, but Tenant shall remain responsible for changes resulting the cost of removal and disposal of such Personal Property, as well as any damage caused by such removal. At or before the time of surrender, Tenant shall comply with the terms of Section 9 hereof with respect to removal of Alterations and Tenant Improvements from eminent domain proceedings, at the Premises and all other matters addressed in such Section. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to . Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord meet for the amount thereof within five (5) days after receipt a joint inspection of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises includingat the time of vacating, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant but nothing contained herein shall survive the expiration or other termination be construed as an extension of the Lease TermTerm or as a consent by Landlord to any holding over by Tenant.
Appears in 1 contract
Sources: Office Lease (Tableau Software Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at (a) Upon the expiration or sooner termination of this Lease by lapse of time or otherwise or upon the Lease Termearlier termination of Tenant’s right of possession, Tenant shall quit and surrender possession of the Leased Premises to Landlord, broom clean, in the same as good condition as existed at the Premises were in upon delivery commencement of possession thereto under this LeaseTenant’s occupancy, reasonable ordinary wear and tear and damage due by fire or other casualty excepted. Before surrendering possession of the Leased Premises, Tenant shall, without expense to casualty Landlord, remove all signs (including interior and exterior signs and monument signs), furnishings, equipment (including all communication cables and other cables other than the “Initial Cabling”), trade fixtures, satellite dishes and communications equipment, merchandise and other personal property installed or placed in the Leased Premises by Tenant or its permitted subtenants and all debris and rubbish, and Tenant shall repair all damage to the extent not required to be repaired or restored by Tenant under this Lease) exceptedLeased Premises and the Buildings resulting from such removal, and shall surrender all keys for repair the Premises Buildings, including the exterior, 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 Premisescondition that existed prior to Tenant’s installation thereof (including exterior signage). Tenant shall not be obligated to remove the “Initial Cabling,” which shall mean all cables and wires that exist on the Effective Date and the wires and cables installed by Tenant during the first thirty six (36) months following the Commencement Date and made as part of the Leasehold Improvements (as hereinafter defined) that was not included in the Original Lease. If Tenant fails to remove any of the signs, furnishings, equipment, trade fixtures, merchandise and other personal property installed or placed in the Leased Premises by the expiration or termination of this Lease, then Landlord may, at such time remove its sole option, (i) deem any or all of Tenant's Trade Fixtures such items abandoned and the sole property of Landlord, or (ii) remove any and all such items and dispose of same in any manner. Tenant shall pay Landlord on demand any and all reasonable out-of-pocket expenses incurred by Landlord in the removal of such items, including, without limitation, the cost of repairing any damage to the Leased Premises or the Buildings caused by such removal and storage charges (if Landlord, in its sole discretion, elects to store such property).
(b) All installations, additions, partitions, hardware, cables, wires, fixtures and improvements, temporary or permanent (including, but not limited to, equipmentany work performed by or on behalf of Tenant in excess of Tenant’s initial Leasehold Improvements described in Section 5.1(a) hereof (“Tenant’s Extra Work”)), except for Tenant’s signs, furnishings, inventory equipment, machinery communication cables (other than Initial Cabling), telephone switches, trade fixtures, merchandise and other personal property, as well as any alterations in or improvementsupon the Leased Premises, whether placed there by Tenant or Landlord, shall, upon the termination of this lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, become Landlord’s property and shall remain upon the Leased Premises, all without compensation, allowance or credit to Tenant. With respect to any improvements or alterations made after the Effective Date, if at the time Landlord consents to Tenant’s installation thereof, Landlord advises Tenant that Landlord will require removal of the same upon termination, then Tenant, at Tenant’s sole cost and expense, upon termination of this Lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, shall promptly remove such designated items placed in or upon the Leased Premises by or on behalf of Tenant and repair any damage to the Leased Premises or the Buildings caused thereby. Any by such removal, failing which Landlord may remove the same and repair the Leased Premises or all of such property not so removed shallthe Buildings, at Landlord's optionas the case may be, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost thereof to Landlord on written demand; provided, however, that Landlord shall not require removal of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the 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 leasehold improvement existing as of the Lease TermEffective Date (except as otherwise specifically provided herein, e.g. signage) or any Leasehold Improvements made after the Effective Date but which are consistent with general office space in Class A buildings or of the Initial Cabling (but as to Initial Cabling, outlets, termination panels and wiring diagrams shall also remain if the Initial Cabling is not removed). Tenant hereby agrees and acknowledges that the generator in place at the time of Tenant’s occupancy as well as the UPS system are considered base building materials and shall remain the property of Landlord.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at On the expiration last day of the Sublease Term or upon sooner termination of this Sublease, Sublease shall, to the Lease Termreasonable satisfaction of Sublessor, Tenant shall surrender the Premises in the same condition as Premises, together with all alterations, additions and improvements which may have been made in, to, or on the Premises were by Lessor, Sublessor or (to the extent permitted by this Sublease) Sublessee to Sublessor in upon delivery of possession thereto under this Lease, good condition (reasonable wear and tear excepted) with all walls and damage due to casualty (to columns painted, all carpets steam cleaned, the extent not required to be air conditioning, ventilating and heating equipment inspected, serviced and repaired or restored by Tenant under this Lease) excepteda reputable and licensed service firm, all floors cleaned and waxed, all damaged ceiling tiles replaced, the windows cleaned, the blinds cleaned and any damaged doors replaced. Sublessee shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of TenantSublessee's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery personal property and trade fixtures from the Premises, and other personal propertyall property not so removed shall be deemed abandoned by Sublessee. Furthermore, as well as any alterations or improvements, and Sublessee shall immediately repair any all damage to the Premises caused therebyby any such removal. Any or all of such property If the Premises are not so removed shallsurrendered at termination of this Sublease, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant Sublessee shall indemnify Landlord Sublessor against any loss or liability resulting from the delay by Tenant Sublessee in so surrendering the Premises Premises, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation Lessor due to observe or perform this covenant shall survive failure to surrender the expiration or other termination of Premises in accordance with the Lease TermLease.
Appears in 1 contract
Sources: Sublease (McAfee Associates Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner termination of the Lease Termterm of this Lease, Tenant including any extension or renewal hereof, Sublessee shall, at its sole cost and expense, remove its personal property, trade fixtures and equipment, and such other movable items Sublessee has installed or placed on the Leased Premises (all of which are hereafter referred to as Sublessee's property) from the Leased Premises within fifteen (15) days after receipt of written direction to do so from Sublessor and repair all damages thereto resulting from such removal, and Sublessee shall thereupon surrender the Leased Premises in the same condition as they were on the Premises were in upon delivery of possession thereto under this Leasedate Sublessee opened for business, except for permitted alterations and modifications as provided herein and reasonable wear and tear and (including damage due to casualty (to the extent thereto which Sublessee is not required to be repaired or restored by Tenant under this Leaserepair) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant Sublessee shall fail to remove any of Sublessee's property as provided herein, Sublessor may, but is not obligated to do so, remove all of Sublessee's property and repair all damage to the Leased Premises resulting from such removal, and store the same in any public or private warehouse, all at Sublessee's expense. Sublessee shall pay to Sublessor interest at the cost rate of ten percent (10%) per annum from the date of payment by Sublessor of any such repair, Landlord may do so and Tenant costs associated with the preceding failure. Sublessor shall reimburse Landlord have no liability to Sublessee for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against any loss or liability damage to Sublessee's property caused or 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. Tenant's obligation to observe removal or perform this covenant shall survive the expiration or other termination of the Lease Termotherwise.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord, and exclusive possession of the Premises to Landlord at broom clean and in first-class condition and repair, with all interior walls clean, repaired and in good condition normal wear and tear excepted (and casualty damage excepted if this Lease is terminated as a result thereof pursuant to Section 18), in the place then fixed for the payment configuration shown in Exhibit B, except as may be subsequently modified by Landlord consent to alterations, with all of rent Tenant’s personal property (and shall inform Landlord of all combinations on locks, safes and vaultsthose items, if any, in the Premises. of Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of Changes identified by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
112.2 below) removed there from and all damage caused by such removal repaired, as required pursuant to Sections 12.2 and 12.3 below. In the event Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Tenant shall fail or Tenant otherwise performing all of its obligations under this Lease. If, for any reason, Tenant fails to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the PremisesPremises on the expiration or earlier termination of this Lease, then, in addition to the provisions of Section 9.3 below and Landlord’s rights and remedies under Section 12.4 and the other provisions of this Lease, Tenant shall indemnify indemnify, protect, defend (by counsel approved in writing by Landlord) and hold Landlord harmless from and against loss or liability any and all claims, judgments, suits, causes of action, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and court costs) resulting from the delay by Tenant in so surrendering the Premises such failure to surrender, including, without limitation, any claims claim made by any succeeding occupant founded on such delaytenant based thereon. Tenant's obligation to observe or perform this covenant The foregoing indemnity shall survive the expiration or other earlier termination of the Lease Termthis Lease.
Appears in 1 contract
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration or sooner termination of the Lease Termtenancy hereby created, Tenant shall surrender the Demised Premises in the same condition as the Demised Premises were in upon delivery of possession thereto under this Lease, in addition to any alterations or additions which tenant elects to keep as elsewhere provided herein, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Demised 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 Demised Premises. No act or conduct of Landlord, except a written acknowledgment of acceptance of the surrender signed by Landlord, shall be deemed to be or constitute an acceptance of the surrender of the Demised Premises by Tenant prior to the expiration of the Term of this Lease. If prior to the termination of this Lease or within fifteen (15) days thereafter, Landlord elects, by written notice to Tenant, Tenant shall at such time promptly remove all of Tenant's Trade Fixtures includingthe additions, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, fixtures, trade fixtures and installments which were placed in the Demised Premises by Tenant and which are designated in said notice and shall repair any damage to the Premises caused thereby. Any or all of occasioned by such property not so removed shall, at Landlord's option, become the exclusive property of removal; and in default thereof Landlord or be disposed of by Landlord, may effect said removals and repairs at Tenant's sole cost and ’s expense, if not removed by . The covenants of Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant contained herein shall survive the expiration or other termination of the Lease Termlease term.
Appears in 1 contract
Sources: Standard Shopping Center Lease (Community Bancorp Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration or sooner earlier termination of the this Lease Termor Tenant's right of possession hereunder, Tenant shall remove all Tenant's Property from the Premises, remove all Required Removables designated by Landlord and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition as the Premises were in upon delivery of possession thereto under this Leaseand repair, reasonable ordinary wear and tear and damage due excepted. If Tenant fails to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all any of Tenant's Trade Fixtures includingProperty within ten (10) days after the termination of this Lease or Tenant's right to possession hereunder, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, shall be entitled to remove and/or store such Tenant's Property and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all expenses caused by such removal and all storage charges against such property so long as the same shall be in the possession of Landlord or under the control of Landlord. In addition, if not removed by Tenant fails to remove any Tenant's Property from the Premises or storage, as the case may be, within ten (10) days after receipt of written notice from Landlord pursuant Landlord, Landlord, at its option, may deem all or any part of such Tenant's Property to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay have been abandoned by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation and title thereof shall immediately pass to observe or perform this covenant shall survive the expiration or other termination of the Lease TermLandlord.
Appears in 1 contract
Sources: Office Lease (First Capital Income Properties LTD Series Xi)
Surrender of Premises. Except for changes resulting from eminent domain proceedingsOn the Expiration Date, at the expiration or sooner upon any earlier termination of this Lease pursuant to the Lease Termterms hereof, or upon any reentry by Landlord upon the Premises pursuant to the provisions hereof, Tenant shall surrender to Landlord the Premises in the same good order, condition as the Premises were in upon delivery of possession thereto under this Leaseand repairs, reasonable wear and tear excepted, together with all alterations, decorations, additions and damage due improvements that may have been made in, to casualty (to or on the extent not required to be repaired or restored by Tenant under Premises, except as otherwise stated in this Lease) excepted, along with ▇▇▇▇▇▇’s personal property, free and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord clear of all combinations on locksliens and encumbrances, safes and vaultsother than those, if any, permitted hereby or otherwise created or consented to by Landlord, and, if requested to do so, shall execute, acknowledge and deliver to Landlord such instruments of further assurance as in the reasonable opinion of Landlord are necessary or desirable to confirm or perfect Landlord’s right, title and interest in and to the Premises. On or before the end of the Lease term, Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery ’s personal property and removable improvements and fixtures from the Premises, and other all such personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become by the exclusive property close of Landlord or business on the last day of the Lease term shall be deemed abandoned by Tenant and may be disposed of by LandlordLandlord without any liability to Tenant, at Tenant's sole cost and expense, if not removed unless express arrangements have been made by Tenant after receipt of written notice from the Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt storage of a bill therefore. ▇▇ Tenant shall so surrender the Premises, 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termsame.
Appears in 1 contract
Sources: Lease Agreement (1847 Holdings LLC)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration or sooner earlier termination of the this Lease Termor Tenant's right of possession hereunder, Tenant shall remove all Tenant's Property from the Premises, remove all Required Removables designated by Landlord and quit and surrender the Premises to Landlord, broom clean, and in the same good order, condition as the Premises were in upon delivery of possession thereto under this Leaseand repair, reasonable ordinary wear and tear and damage due excepted. If Tenant fails to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all any of Tenant's Trade Fixtures includingProperty within one (1) week after the termination of this Lease or Tenant's right to possession hereunder, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, shall be entitled to remove and/or store such Tenant's Property and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay Landlord, upon demand, any and all expenses caused by such removal and all storage charges against such property so long as the same shall be in the possession of Landlord or under the control of Landlord. In addition, if not removed by Tenant fails to remove any Tenant's Property from the Premises or storage, as the case may be, within ten (10) days after receipt of written notice from Landlord pursuant Landlord, Landlord, at its option, may deem all or any part of such Tenant's Property to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay have been abandoned by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation and title thereof shall immediately pass to observe or perform this covenant shall survive the expiration or other termination of the Lease TermLandlord.
Appears in 1 contract
Sources: Office Lease (Merrill Corp)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Upon the expiration or sooner earlier termination of the Lease TermTerm of this Lease, Tenant shall peaceably quit and surrender to Landlord the Premises in the same neat and clean condition as 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 were in upon delivery prior to or during the Term of possession thereto under this Lease, reasonable excepting only ordinary wear and tear use and damage due to by fire or other casualty (to the extent not required to be repaired or restored by Tenant and other repairs for which, under other provisions of this Lease) excepted, Tenant has no responsibility of repair and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premisesrestoration. Tenant shall at such time remove all of Tenant's Trade Fixtures including’s Removable Property and, but not limited toto the extent specified by Landlord at the time Landlord consents to such installation, equipment, signs, furnishings, inventory , machinery , all alterations and other personal property, as well as any alterations or improvements, additions made by Tenant and all partitions wholly within the Premises; and shall repair any damage to the Premises or the Building caused therebyby such removal. Any Tenant’s Removable Property which shall remain in the Building or all on the Premises after the expiration or termination of such the Term of this Lease shall be deemed conclusively to have been abandoned, and either may be retained by Landlord as its property not so removed shall, at Landlord's option, become the exclusive property of Landlord or may be disposed of by Landlordin such manner as Landlord may see fit, at Tenant's ’s sole cost and expense. Tenant, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant at its sole risk, cost and expense, shall fail to pay the cost of remove any such repair, Landlord may do so telephone/data/internet wiring and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting from the delay cables installed by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on at such delay. Tenant's obligation to observe time that Tenant moves out of the Premises or perform this covenant shall survive upon the expiration or other earlier termination of this Lease, unless any such wiring and cables are installed in connection with the Lease Termapproved build out and are a component of Landlord’s Work.
Appears in 1 contract
Sources: Lease Agreement (Bladelogic Inc)
Surrender of Premises. (a) Except for changes resulting from eminent domain proceedingsas set forth to the contrary in Paragraph 14 above, Tenant shall, at least one hundred eighty (180) days before the expiration last day of the term hereof, give to Landlord a written notice of intention to surrender the Premises on that date, but nothing contained herein or sooner termination in the failure of Tenant to give such notice shall be construed as an extension of the term hereof or as consent of Landlord to any holding over by Tenant.
(b) At the end of the Lease Term, Tenant shall surrender agrees to peaceably deliver up to the Premises Landlord possession of the Premises, in the same condition as received on the Premises were in upon delivery of possession thereto under this LeaseCommencement Date, reasonable ordinary wear and tear and tear, damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) exceptedfire, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery earthquake, and other personal propertyacts of God, as well as any alterations condemnation and the acts or improvementsomissions of Landlord, and shall repair any damage its agents, employees or contractors all excepted. Unless otherwise agreed to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of in writing by Landlord, Tenant shall remove, at Tenant's sole cost and expense, if not removed all permanent improvements or additions to the Premises installed by or at the expense of Tenant after receipt the lease commencement date, together with all furniture, equipment and computer and telephone cables belonging to Tenant (whenever installed), and repair any damage resulting from such removal. Any property not so removed shall be deemed abandoned by the Tenant, and title to the same shall thereupon pass to Landlord. Landlord shall have the right to remove and dispose of written notice from Landlord pursuant to Section 7.2such abandoned property, and the costs associated therewith shall be promptly reimbursed by Tenant.
1. In (c) The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the event Tenant shall fail option of the Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to pay the cost it of any or all such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss subleases 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termsubtenancies.
Appears in 1 contract
Sources: Office Lease Agreement (PRG Schultz International Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedingsSECTION 4.1 Subject to the provisions of Articles I and XI hereof and the provisions of the REA, at on the expiration last day of the Term hereof, or sooner upon any earlier termination of this Lease (except if the Lease TermTerm ends as a result of the Fee Transfer), Tenant Lessee shall surrender and deliver possession of the Demised Premises and the Improvements to Lessor in the same reasonably good condition as the Premises were in upon delivery of possession thereto under this Leaseconsidering their age and use, reasonable ordinary wear and tear and damage due the effect of casualty and condemnation excepted, without delay and free and clear of all liens and encumbrances other than (a) the Permitted Exceptions, or (b) those created in accordance with the provisions hereof or the REA. At the end of the Term (except if the Term ends as a result of the Fee Transfer), the title to casualty and ownership of the Improvements shall automatically vest in Lessor without the execution of any further instrument, but Lessee shall execute a quitclaim deed and any other appropriate conveyancing documents to Lessor if Lessor so requests.
SECTION 4.2 Notwithstanding any other provisions of this Lease, where furnished by or at the expense of Lessee or any subtenant, Lessee may (or if required by Lessor, shall) remove furniture, trade fixtures and business equipment, furnishings and personal property of every kind, regardless of whether or not originally classified as Improvements, at or prior to the extent termination of this Lease or by such subtenant at or prior to the termination of its sublease; provided, however, that the removal thereof will not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for impair the Premises to Landlord at structural integrity of 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 PremisesImprovements. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any Any damage to the Premises caused thereby. Improvements resulting from such removal shall be repaired by Lessee to the reasonable satisfaction of Lessor, taking into account normal wear and tear.
SECTION 4.3 Any or all of such property not so removed shall, at Landlord's option, become the exclusive personal property of Landlord Lessee which shall remain in the Improvements for more than thirty (30) days after the termination of this Lease and the removal of Lessee, or be disposed any personal property of by Landlord, at Tenant's sole cost any subtenant which shall remain in the Improvements for more than thirty (30) days after the termination of this Lease and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost removal of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify Landlord against loss or liability resulting subtenant from the delay Improvements, may, at the option of Lessor, be deemed to have been abandoned by Tenant in so surrendering the Premises includingLessee or such subtenant and may be retained by Lessor as its property or may be disposed of, without limitationaccountability, any claims made by any succeeding occupant founded on in such delay. Tenant's obligation to observe or perform a manner as Lessor may see fit.
SECTION 4.4 The provisions of this covenant Article IV shall survive the expiration or other any termination of the Lease Termthis Lease.
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Surrender of Premises. Except for changes resulting from eminent domain proceedings, at At the expiration or sooner termination of the Lease Termterm of this lease, Tenant the Lessee shall surrender the Premises premises in the same condition of cleanliness, repair and sightliness as the Premises premises were in upon delivery the commencement date of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and lease. Lessee shall surrender all keys for the Premises premises to Landlord Lessor at the place then fixed for the payment of rent and shall inform Landlord of Lessor about all combinations on locks, safes and vaults, if any, in the Premisespremises. Tenant On such day, unless the Lessor shall, in its sole discretion, require the removal thereof, all buildings, structures, alterations, additions, improvements, all hard surface bonded or adhesively affixed flooring, and all fixtures on the premises other than Lessee's trade fixtures and operating equipment, shall at such time become the property of Lessor and shall remain upon and be surrendered with the premises as a part thereof, without disturbance, molestation or injury, and without credit to Lessee, its sublessees, concessionaires or licensees. On or before the last day of the term or the sooner termination hereof, Lessee, if not then in default, shall remove all of Tenant's Trade Fixtures includingtrade fixtures, but not limited to, equipment, signs, furnishings, inventory , machinery , operating equipment and other personal propertyproperty of Lessee. In addition, as well as if required by the Lessor, Lessee shall remove any alterations or all buildings, structures, alterations, additions, improvements, flooring and other fixtures as Lessor shall require, from the premises and repair any damage occasioned by any such removal. If Lessor is required to repair any damage caused to the Premises caused therebypremises by such removal, Lessee shall repay the Lessor for the cost of the same. Any or all of such property Property not so removed shallshall be deemed abandoned by Lessee. If the premises are not surrendered at such time, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant Lessee shall indemnify Landlord Lessor against loss or liability resulting from the delay by Tenant Lessee in so surrendering the Premises includingpremises, including without limitation, any claims made by any succeeding occupant founded tenant based on such delaydelay and/or Lessor's lost rental income. TenantLessee's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termterm of this lease. The Lessor may retain or dispose of in any manner any buildings, structures, alterations, trade fixtures or personal property that the Lessee does not remove from the premises on expiration or termination of this lease by giving at least ten days' notice to the Lessee. Title to any such alterations, trade fixtures or personal property that the Lessor elects to retain or dispose of on expiration of the ten-day period shall vest in the Lessor. The Lessee waives all claims against the Lessor for any damage to the Lessee resulting from the Lessor's retention or disposition of any such alterations, trade fixtures or personal property. The Lessee shall be liable to the Lessor for the Lessor's costs for storing, removing, and disposing of any buildings, structures, alterations, trade fixtures or personal property that Lessee was required, but failed, to remove.
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Surrender of Premises. Except for changes (a) At the termination of this lease by lapse of time or otherwise, or upon termination of Tenant's right of possession without terminating this lease, Tenant shall surrender possession of the Premises to Landlord and deliver all keys to the Premises to Landlord and make known to Landlord the combination of all locks of vaults then remaining in the Premises, and shall, subject to the following subparagraphs, return the Premises and all equipment and fixtures of Landlord therein to Landlord in good condition, excepting ordinary wear and tear, loss or damage by fire or other insured casualty and damage resulting from eminent domain proceedingsthe act of Landlord or, at any of its employees and agents. If Tenant fails to return the Premises and such equipment and fixtures to Landlord in such condition, then Landlord may restore the Premises and such equipment and fixtures to such condition, and Tenant shall pay the cost thereof to Landlord on demand.
(b) All installations, additions, non-movable partitions, hardware, light fixtures, supplementary heating or air conditioning units, non-trade fixtures and improvements, except movable furniture, movable partitions and equipment (such excepted property to include, without limitation, kitchen, cafeteria, vending, printing, duplication, electronic data processing, communications, word processing, reproduction, library, exercise, photographic and other trade fixtures, appliances and equipment, howsoever affixed to, or installed in the Premises, including any portable, movable, non-permanent or detachable dividers and partitions) belonging to or possessed by Tenant, in or upon the Premises, whether placed there by Tenant or Landlord, or placed elsewhere by Tenant in the Building, shall be Landlord's property and shall remain upon the Premises and Building upon expiration or sooner termination of the Lease TermTerm or Tenant's possession hereunder, all without compensation, allowance or credit to Tenant. If Tenant so elects, upon expiration of the Term or termination of the Term pursuant to Section 46 hereof, it may at Tenant's sole cost and expense remove such of the installations, additions, partitions, hardware, light fixtures, supplementary heating or air conditioning units, non-trade fixtures and improvements placed in the Premises or Building which are above building standard and cost in excess of the Landlord's Allowance, as Tenant elects and repair any damage to the Premises or Building caused by such removal, provided, that, if Tenant fails to repair such damage Landlord may do so and Tenant shall pay the cost thereof to Landlord on written demand. Notwithstanding the foregoing, at Landlord's option and upon notice to Tenant, Tenant shall surrender remove (i) the following items: any equipment, fixtures or furnishings used in the kitchen/cafeteria located in the Premises, including any horizontal exhaust ducts (but not including any vertical black iron ducts or any building standard improvements in such area), any raised flooring, any supplemental air- conditioning units, but not including any part of any cooling tower, and any other Tenant Improvements above building standard and costing in excess of the Landlord's Allowance, and (ii) any items installed by or for Tenant, other than as part of Tenant Improvements in the Premises, (including, without limitation, as part of Tenant Improvements in the Post-Occupancy Expansion Space), where Landlord, pursuant to Section 11(e), required removal as a condition to consent to such work.
(c) At the sole option of Tenant, Tenant may leave in place any floor covering without compensation to Tenant, or Tenant may remove any floor covering and shall remove all fastenings, paper, glue, bases or other vestiges and restore the floor surface to its previous condition. Tenant shall also remove Tenant's furniture, machinery, safes, trade fixtures and other items of movable personal property of every kind and description from the Premises in the same condition as and restore any damage to the Premises were in upon delivery of possession thereto under this Leasecaused thereby, reasonable wear such removal and tear and damage due restoration to casualty (be performed prior to the extent not required expiration of the Term or no later than ten (10) days following the earlier termination of this lease or Tenant's right of possession, whichever might be earlier (and upon prior written notice to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if anyLandlord, in the Premisesevent such removal occurs after termination of this lease or Tenant's right to possession). Landlord may remove such items if Tenant fails to do so, subject to the provisions of Section 16(f). Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused therebyby such removal. Any or all of such property not so removed shallNotwithstanding anything herein to the contrary, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to except as provided in Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises46, Tenant shall indemnify Landlord against loss or liability resulting from not be obligated to remove the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. escalators within Tenant's obligation to observe or perform Premises.
(d) All obligations of Tenant under this covenant Section 7 shall survive the expiration of the Term or other sooner termination of the Lease Termthis lease.
Appears in 1 contract
Sources: Lease (Chicago Title Corp)
Surrender of Premises. Except Tenant, upon expiration or termination of this Lease, either by lapse of time or otherwise, agrees peaceably to surrender to Landlord the Premises, including the alterations, additions, improvements and changes in fixtures other than tenant’s movable trade fixtures, in broom clean condition and in good repair, except for changes resulting from eminent domain proceedingsLandlord’s obligations, at damage caused by acts of God, ordinary use and wear and damage by fire or casualty. If Tenant fails to surrender the Premises upon the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the Premises, Tenant shall indemnify and hold harmless Landlord against from loss or liability resulting from the delay by Tenant in so surrendering the Premises such failure, including, without limitation, any claims made by any succeeding occupant founded on such delaytenant arising out of said failure. Tenant's obligation to observe or perform this covenant shall survive the expiration The voluntary or other surrender of this Lease by Tenant to Landlord, or a mutual termination thereof, shall not work a merger, and shall at the option of the Lease TermLandlord operate as an assignment to it of any or all subleases or subtenancies affecting the Premises. At the time of surrender Tenant shall remove its moveable trade fixtures, signs and removable personal property, and all such property belonging to any person claiming through or under Tenant, except as herein set forth, and if Tenant fails to so remove said property, same shall be deemed abandoned to Landlord may remove and store same at Tenants expense. If Tenant shall fail to pay the cost of removing and storing any such property after thirty (30) days, Landlord may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord, its sole discretion, may deem proper, without notice to or demand upon Tenant and Landlord shall apply the proceeds to the costs and expenses of such sale, including attorneys fees, the costs of removing and storage and any other sums then due from Tenant to Landlord.
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Surrender of Premises. Except for changes resulting from eminent domain proceedingsNo act by Landlord shall be deemed an acceptance of a surrender of the Premises, at and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. At the expiration or sooner termination of the Lease Termthis Lease, Tenant shall surrender deliver to Landlord the Premises in the same condition as required by Section 8.(b) of this Lease, free of Hazardous Materials placed on the Premises were in upon delivery of possession thereto under this Leaseduring the Term, broom-clean, reasonable wear and tear (and damage due condemnation and Casualty damage, as to casualty (to the extent not required to be repaired or restored by Tenant under this Leasewhich Sections 14 and 15 shall control) excepted, and shall surrender deliver to Landlord all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited totrade fixtures, equipment, signs, furnishings, inventory , machinery furniture, and other personal propertyproperty placed in the Premises by Tenant and all such alterations, as well as any alterations additions, improvements and wiring which, when approved by Landlord, were required to be removed from the Premises at the earlier expiration or improvementstermination of the Term of this Lease, and may remove all such fixtures, alterations, additions, improvements and wiring which, when approved by Landlord, were permitted to be removed by Tenant from the Premises at the earlier expiration or termination of the Term of this Lease. Tenant shall repair any all damage to the Premises caused therebyby such removal. Any or all of such property All items not so removed shall, at Landlord's option, become the exclusive property of Landlord be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or be otherwise disposed of by Landlord, at Tenant's sole cost Landlord without notice to Tenant and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant without any obligation to Section 7.2.
1. In the event Tenant shall fail to pay the cost of account for such items; any such repair, Landlord may do so and Tenant disposition shall reimburse Landlord for the amount thereof within five (5) days after receipt not be considered a strict foreclosure. The provisions of a bill therefore. ▇▇ Tenant shall so surrender the Premises, 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. Tenant's obligation to observe or perform this covenant Section 21 shall survive the expiration or other termination end of the Lease Term.
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Surrender of Premises. Except for changes resulting from eminent domain proceedings, at Section 26.01. At the expiration end of the term or any renewal thereof or other sooner termination of this Lease, the Lease Term, Tenant shall surrender peaceably deliver up to the Premises Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whomsoever made, in the same condition as received by Tenant on the Premises were in upon delivery of possession thereto under this LeaseTerm Commencement Date, reasonable or first installed by Tenant on or after the Term Commencement Date, ordinary wear and tear and damage due to casualty (to by fire, earthquake, act of God or the extent elements alone excepted. Providing Tenant is not required to be repaired or restored by Tenant in default under the terms of this Lease) excepted, and shall surrender all keys for Tenant may, upon the Premises to Landlord at the place then fixed for the payment termination of rent and shall inform Landlord of all combinations on locksthis Lease, safes and vaults, if any, in remove from the Premises. Tenant shall at such time remove all , immediately before the termination of the term, its trade fixtures and movable personal property installed by Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost cost, title to which shall be in Tenant until such termination, repairing any and expense, if all damage to the Premises and the Building caused by such removal. Property not so removed shall be deemed abandoned by the Tenant after receipt and Landlord shall proceed in accordance with the provisions of written notice from Landlord pursuant the California Civil Code with respect to Section 7.2.
1such abandoned property. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill therefore. ▇▇ Tenant shall so surrender the PremisesUpon request by Landlord, Tenant shall indemnify remove any or all improvements, alterations or additions to the Premises installed by Tenant from and after the Term Commencement Date at Tenant's sole cost, the removal of which Landlord against loss or liability required as a condition of its consent thereto, and all movable partitions, counters, and other trade fixtures which may be left by Tenant and repair any and all damage to the structure of the Building 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. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Lease Termremoval.
Appears in 1 contract
Sources: Lease (Magma Design Automation Inc)
Surrender of Premises. Except for changes resulting from eminent domain proceedings, at the expiration or sooner termination of the Lease Term, Tenant shall surrender the Premises in the same condition as the Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear and damage due to casualty (to the extent not required to be repaired or restored by Tenant under this Lease) excepted, and shall surrender all keys for the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Tenant shall at such time remove all of Tenant's Trade Fixtures including, but not limited to, equipment, signs, furnishings, inventory , machinery , and other personal property, as well as any alterations or improvements, and shall repair any damage to the Premises caused thereby. Any or all of such property not so removed shall, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.Sterling Master Form Lease 11/07/00
1. In the event Tenant shall fail to pay the cost of any such repair, Landlord may do so and Tenant shall reimburse Landlord for the amount thereof within five (5) days after receipt of a bill ▇▇▇▇ therefore. ▇▇ If Tenant shall so surrender the Premises, 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. Tenant's obligation to observe or perform this covenant Covenant shall survive the expiration or other termination of the Lease Term.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Aei Income & Growth Fund Xxii LTD Partnership)
Surrender of Premises. Except 26.1 Tenant shall arrange to meet Landlord for changes resulting from eminent domain proceedingstwo (2) joint inspections of the Premises, the first to occur at least thirty (30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant has vacated the Premises. In the event of Tenant’s failure to arrange such joint inspections and/or participate in either such inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration.
26.2 All alterations, additions, and improvements in, on, or to the Premises made or installed by or for Tenant following the completion of the Landlord Work (defined in Exhibit B), including, without limitation, carpeting (collectively, “Alterations”), shall be and remain the property of Tenant during the Term. Upon the expiration or sooner termination of the Lease Term, all Alterations shall become a part of the realty and shall belong to Landlord without compensation, and title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant shall surrender will peaceably deliver up to Landlord possession of the Premises Premises, together with all Alterations by whomsoever made, in the same condition as the Premises were in upon delivery conditions received or first installed, broom clean and free of possession thereto under this Leaseall debris, reasonable excepting only ordinary wear and tear and damage due by fire or other casualty. Notwithstanding the foregoing, if (a) Landlord provided notice with its consent to casualty (to such Alteration that Landlord would require removal of such Alteration at the extent not required to be repaired expiration or restored by Tenant under earlier termination of this Lease) exceptedLease or Tenant’s right of possession of the Premises, and shall surrender all keys for (b) Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Premises to Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locksTerm, safes and vaults, if any, in the Premises. Tenant shall at Tenant’s sole cost, remove any such time Alterations, including carpeting, so designated by Landlord’s notice, and repair any damage caused by such removal. In lieu of requiring Tenant to remove such Alterations and repair the Premises as aforesaid, Landlord may, by written notice to Tenant delivered at least thirty (30) days before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, within thirty (30) days after invoice, the cost of such removal and repair in an amount reasonably estimated by Landlord. Tenant must at Tenant’s sole cost, remove upon termination of this Lease, any and all of Tenant's Trade Fixtures including’s furniture, but not limited tofurnishings, equipment, signs, furnishings, inventory , machinery , movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any alterations raised floor or improvementsabove any ceiling (collectively, “Personalty”); provided, however, at Tenant’s option, Tenant may instead abandon such Personalty to Landlord and shall repair any damage pay to Landlord, as additional rent, within thirty (30) days after invoice, the Premises caused thereby. Any or all cost reasonably estimated by Landlord to remove and dispose of such property Personalty. Personalty not so removed shallshall be automatically deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a ▇▇▇▇ of sale, at Landlord's option, become the exclusive property of Landlord or be disposed of by Landlord, at Tenant's sole cost and expense, if not removed by Tenant after receipt of written notice from Landlord pursuant to Section 7.2.
1. In the event but Tenant shall fail to pay remain responsible for the cost of removal and disposal of such Personalty, as well as any damage caused by such repairremoval. In lieu of requiring Tenant to remove Alterations and Personalty and repair the Premises as aforesaid, Landlord may do so and may, by written notice to Tenant shall reimburse Landlord for the amount thereof within five delivered at least thirty (530) days after receipt before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost of a bill therefore. ▇▇ such removal and repair in an amount reasonably estimated by Landlord.
26.3 All obligations of Tenant shall so surrender under this Lease not fully performed as of the Premises, Tenant shall indemnify Landlord against loss expiration or liability resulting from earlier termination of the delay by Tenant in so surrendering the Premises including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligation to observe or perform this covenant Term shall survive the expiration or other earlier termination of the Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease Termand/or to discharge Tenant’s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease.
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