Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.
Appears in 3 contracts
Sources: Sublease (Aprisma Management Technologies Inc), Sublease (Cabletron Systems Inc), Sublease (Aprisma Management Technologies Inc)
Surrender of Subleased Premises. 6.1. On Subject to Section 9 of this Sublease, at the expiration or earlier termination of this Sublease, Sublessee if no Surrender Restoration Waiver has been delivered to Sublandlord, then Subtenant, at its sole cost and expense, shall surrender to Sublessor promptly remove from the Subleased PremisesPremises (a) any Alterations made by Subtenant (excluding any initial tenant improvements to be substantially completed prior the Start Date if approved by Sublandlord in accordance with the terms of this Sublease), including all improvements (b) Subtenant’s personal property, and fixtures therein except those listed in Exhibit 7(c) repair any damage to the Subleased Premises caused by such removal, whether leased and otherwise quit and surrender the Subleased Premises to or otherwise owned by SublesseeSublandlord, broom clean clean, and in good order, condition and repair, reasonable ordinary wear and tear excepted; provided, together with all alterationshowever, decorationsthat in no event shall Subtenant have any duty to remove, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or earlier termination of this Sublease, any alterations, improvements, trade fixtures or personal property existing in the Subleased Premises on or before the Start Date. If Subtenant fails to remove any Alterations required to be removed hereunder or Subtenant’s personal property within five (5) days after the termination of this Sublease, Sublandlord, at Subtenant’s sole cost and expense, shall be entitled (but not obligated) to remove such Alterations or remove, store or dispose of Subtenant’s personal property. Sublandlord shall not be responsible for the value, preservation or safekeeping of Subtenant’s personal property. Notwithstanding anything to the contrary contained in this Sublease, conditioned upon Master Landlord’s consent to installation, Subtenant shall have no obligation to remove the eight chemical fume hoods it intends to install.
Appears in 2 contracts
Sources: Sublease (Threshold Pharmaceuticals Inc), Sublease (Exelixis Inc)
Surrender of Subleased Premises. 6.1. 6.1 On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to Sublessee hereunder or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear and damage by casualty and taking by eminent domain excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed required to remove its personal property or property. Sublessee shall also be required to remove any removable improvements Alterations made by Sublessee at and to restore the Premises to its sole expense that can be removed without damage condition prior to any buildingssuch Alterations, facilities or other improvements provided that, as a condition of granting its consent, Sublessor required Sublessee to the Subleased Premisesremove such Alterations. The Subleased Premises, including the improvements Alterations and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, and if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the reasonable opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's ’s right, title and interest in and to the Subleased Premises including said improvements Alterations and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's ’s personal and other property allowed or required to be removed hereunderhereunder and restore the Premises to its prior condition, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation ’s liabilities under this Article 6 shall survive the expiration or termination of this Sublease.
Appears in 2 contracts
Sources: Sublease Agreement (FlexEnergy Green Solutions, Inc.), Sublease Agreement (FlexEnergy Green Solutions, Inc.)
Surrender of Subleased Premises. 6.1. On At the expiration or earlier termination of this Sublease, Sublessee Subtenant, at its sole cost and expense, shall surrender to Sublessor promptly remove from the Subleased PremisesPremises any alterations made by or for the benefit of Subtenant, including all improvements except if Master Landlord has permitted (whether in a Removal Waiver, or pursuant to the Master Lease) such alterations to remain at the Subleased Premises at the end of the Sublease Term. Subtenant shall also remove Subtenant’s personal property and fixtures therein except those the FF&E listed on Exhibit E (as more specifically provided in Exhibit 7Section 3(b) herein). Subtenant shall repair any damage to the Subleased Premises caused by such removal, whether leased and otherwise quit and surrender the Subleased Premises to or otherwise owned by SublesseeSublandlord, broom clean clean, and in good order, condition and repair, reasonable ordinary wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed . If Subtenant fails to remove its personal property or any removable improvements made by Sublessee at its sole expense that can items required to be removed without damage to any buildingsby Subtenant hereunder on or before the Sublease Expiration Date or earlier termination of this Sublease, facilities or other improvements to the Subleased Premises. The Subleased PremisesSublandlord, including the improvements at Subtenant’s sole cost and fixtures thereinexpense, shall be delivered free entitled (but not obligated) to remove, store and/or dispose of such items, and clear Sublandlord shall not be responsible for the value, preservation or safekeeping of all subtenanciesSubtenant’s property. Upon 30 days’ prior written notice from Sublandlord to Subtenant, liens which notice shall include with specificity the removal and encumbrancesrestoration actions to be taken by Sublandlord and the estimated work schedule, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee Subtenant shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and permit Sublandlord access to the Subleased Premises including said improvements on such dates and fixtures. On or before at such times during the sixty (60) days prior to the end of the Sublease termTerm as mutually agreed by Sublandlord and Subtenant in order for Sublandlord to remove, Sublessee shall remove all of Sublessee's personal as and other property allowed to be removed hereunderthe extent required under the Master Lease and at Sublandlord’s sole cost and expense, Sublandlord’s satellite dish and related equipment, data and telecommunications cabling and wiring, and any other improvements (“Restorable Improvements”) as applicable and restore or repair any damages caused thereby, and Subtenant will reasonably cooperate with Sublandlord, at no expense to Subtenant, in such removal, provided that Sublandlord agrees not to interfere with or disrupt Subtenant’s operations during such period and provided further that upon any material interference or disruption of Subtenant’s operations, as reasonably determined by Subtenant, Subtenant may issue a notice of interference to Sublandlord, whereupon Sublandlord shall immediately cease its interference and Subtenant may immediately revoke or restrict Sublandlord’s access to the Subleased Premises until Sublandlord and Subtenant, using good faith and best efforts, coordinate mutually acceptable access rights, subject at all times however to Sublandlord’s continuing right of access in the event of an emergency. Notwithstanding the foregoing to the contrary, in the event Subtenant provides to Sublandlord at any time prior to the commencement of the aforementioned sixty (60) day access period, at Subtenant’s sole cost and expense, a Removal Waiver stating that removal of certain Restorable Improvements identified therein will not be required by the Master Landlord, Sublandlord shall not exercise its access rights with respect to such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability identified Restorable Improvements, nor undertake to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Subleaseremove same.
Appears in 2 contracts
Surrender of Subleased Premises. 6.1. On Upon the expiration or earlier termination of this Subleasethe Sublease Term, Sublessee Subtenant shall peaceably quit and surrender to Sublessor Sublandlord the Subleased Premises, including all improvements Premises in neat and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean condition and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that which may have been made or installed in, on or to the Subleased Premises during the Sublease Term, excepting only ordinary wear and use and damage by fire or other casualty for which, under other provisions of this Sublease, Subtenant has no responsibility of repair or restoration. Subtenant shall remove all of Subtenant’s Removable Property and, to the extent specified by Sublandlord, all alterations and additions made by Subtenant and all partitions wholly within the Subleased Premises unless installed initially by Sublandlord in preparing the Subleased Premises for Subtenant’s occupancy; and shall repair any damages to the Subleased Premises or the Building caused by such removal. Any Subtenant’s Removable Property which shall remain in the Building or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive after the expiration or termination of this Subleasethe Sublease Term shall be deemed conclusively to have been abandoned, and either may be retained by Sublandlord as its property or may be disposed of in such manner as Sublandlord may see fit, at Subtenant’s sole cost and expense.
Appears in 2 contracts
Sources: Sublease (Upstream Bio, Inc.), Sublease (Upstream Bio, Inc.)
Surrender of Subleased Premises. 6.1. On the Upon any expiration or termination of this Sublease------------------------------- Sublease or termination of Sublessee's right of possession of the Subleased Premises, or any part thereof, Sublessee shall surrender to Sublessor and vacate the Subleased PremisesPremises immediately and surrender the Subleased Premises to Sublessor, including all improvements the alterations, additions, improvements, equipment, and fixtures therein except those listed in Exhibit 7requested by Sublessor to remain on the Subleased Premises other than Sublessee moveable trade fixtures, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with shall remove all alterations, decorationsadditions, additions improvements and improvements that may have been made in, fixtures not requested by Sublessor to or remain on the Subleased Premises, except that Sublessee Premises and shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without repair all damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixturescaused by such removal prior to the Expiration Date. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such Any property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive from the Subleased Premises upon expiration or termination hereof shall, subject to the rights of this SubleasePrime Landlord under the Prime Lease, be conclusively presumed to have been abandoned by Sublessee, and Sublessor, or Prime Landlord may, at its option, retain, store and/or dispose of such property at Sublessee's expense. All such property shall, at Sublessor's or Prime Landlord's option, be conclusively deemed to have been conveyed to Sublessor by Sublessee as if by ▇▇▇▇ of sale without payment by Sublessor.
Appears in 1 contract
Sources: Sublease (Wam Net Inc)
Surrender of Subleased Premises. 6.1. On Upon the expiration or earlier termination of this Sublease, Sublessee Subtenant shall remove all Subtenant’s goods and effects from the Subleased Premises (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by Subtenant, either inside or outside the Subleased Premises and the Transferred Property) and deliver to Sublandlord the Subleased Premises and all keys, locks thereto, and quit and surrender the Subleased Premises to Sublessor Sublandlord in the condition existing as of the Commencement Date, ordinary wear and tear, casualties, condemnation, Hazardous Materials (other than those released or omitted by Subtenant in or about the Subleased Premises) and repairs not Subtenant’s responsibility under this Sublease, excepted. Subtenant will remove any Alterations, trade fixtures, equipment, data and telecommunications cabling and wiring installed by or on behalf of Subtenant required to be removed by Overlandlord under the ▇▇▇▇▇▇▇▇▇, and Subtenant will fully repair any damage occasioned by the removal of the same. Notwithstanding the foregoing, Subtenant shall not be required to remove any alterations or improvements located in the Subleased Premises as of the Commencement Date, except for the Transferred Property, which Subtenant shall remove as required under the ▇▇▇▇▇▇▇▇▇. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises as required hereunder, Sublandlord and Overlandlord are hereby authorized, without liability to Subtenant for loss or damage thereto, and at the sole risk of Subtenant, to remove and store any of the property at Subtenant’s expense, or to retain same under Sublandlord’s or Overlandlord’s control or, upon ten (10) days prior written notice to Subtenant (and Subtenant’s failure to pick up such property within such ten (10) day period), to sell at public or private sale, and to apply the net proceeds of such sale to the payment of any sum due hereunder. Without limiting the foregoing or any other provisions herein, if Subtenant fails to surrender the Subleased Premises to Sublandlord upon early termination or expiration of this Sublease as herein required, Subtenant shall pay to Sublandlord on account of use and occupancy of the Subleased Premises for each month or portion thereof during which Subtenant (or anyone claiming by, through or under Subtenant) holds over in the Subleased Premises an amount equal to one hundred fifty percent (150%) of the then current Fixed Rent payable hereunder, or one hundred fifty percent (150%) of the fair market rental for the Subleased Premises, including for the time Tenant remains in possession, plus, in each case all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal Additional Rent and other property allowed to be removed sums payable hereunder, and Subtenant shall indemnify Sublandlord for all loss, cost, damage, expense or injury resulting therefrom, including and increased rental or other damages suffered by Sublandlord as a result of such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublesseeholding over. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.122587131v.1
Appears in 1 contract
Sources: Sublease (Albireo Pharma, Inc.)
Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all buildings and improvements and fixtures therein except those listed in Exhibit 7, on the Subleased Premises whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the buildings and improvements and fixtures thereinthereon, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements building and fixturesimprovements. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.. END OF ARTICLE 6 ----------------
Appears in 1 contract
Surrender of Subleased Premises. 6.1. On (a) Subtenant shall, without demand therefor and at its own cost and expense, prior to the expiration or sooner termination of this Subleasethe Term, Sublessee shall surrender remove all property belonging to Sublessor Subtenant including but not limited to the Purchased Items and all alterations, additions, or improvements, and fixtures which Subtenant installed in the Subleased Premises, including provided however that Subtenant shall not have any obligation to remove any Subtenant’s Work, Landlord’s Work or Specialty Alterations (unless Subtenant installs a Specialty Alteration and the Prime Landlord requires its removal). Upon such removal, Subtenant shall, at its sole cost and expense, repair all improvements damage to the Subleased Premises caused by such removal, and fixtures therein except those listed restore the Subleased Premises to substantially the same condition it was in Exhibit 7prior to the installation of the property so removed. Any property not so removed shall be deemed to have been abandoned by Subtenant and may be retained or disposed of by the Sublandlord or the Prime Landlord, whether leased as applicable, and Subtenant shall pay the cost of such removal, and restoration of the Subleased Premises immediately, as additional rent, upon receipt from Sublandlord or Prime Landlord of an invoice for such costs.
(b) Subtenant agrees to and shall, on the expiration or otherwise owned by Sublesseesooner termination of the Term, promptly quit and surrender possession of the Subleased Premises to Sublandlord without demand therefor broom clean and in good ordercondition, condition and repair, reasonable ordinary wear and tear and damage by the elements, fire, or act of God, or by other cause beyond the reasonable control of Subtenant, excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.
Appears in 1 contract
Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before At the end of the Sublease termterm of the Sublease, Sublessee shall remove all of its tangible personal property from the Subleased Premises and shall return the Subleased Premises to Sublessor in the same condition as they were in as of the date of execution of this Sublease, ordinary wear and tear only excepted; provided, however, if the Sublessee at any time obtains the consent in writing of the Lessor and Sublessor to any modifications or improvements of the Subleased Premises proposed by Sublessee, Sublessor and Sublessee may agree that such modifications or improvements may remain as part of the Subleased Premises at the end of the term of the Sublease if and only if the Lessor's consent when granted had expressly authorized in writing such modifications or improvements to remain as part of the Subleased Premises at the end of the term of this Sublease. Sublessee shall have no right to holdover at the Subleased Premises at the end of the term of the Sublease, and, if any such holdover shall occur, Sublessee shall be responsible for any and all damages incurred or sustained by Sublessor and/or the Lessor as a result of such holding over. Any damage caused to the Subleased Premises by the removal of any property of Sublessee therefrom at the end of the term of Sublease or any other time shall be promptly repaired by the Sublessee. The Sublessee shall have the right to continue to occupy the Subleased Premises at the end of the term of the Sublease if, any only if, the Sublessee has obtained such right to occupy the Subleased Premises pursuant to the terms of a written lease by and between Sublessee, as tenant, and Lessor, as landlord, and if Sublessee has complied with all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation obligations under this Article 6 shall survive Sublease as of the expiration or date of termination of this Sublease.
Appears in 1 contract
Surrender of Subleased Premises. 6.1. On At the expiration or earlier termination of this Sublease, Sublessee if no Surrender Restoration Waiver has been delivered to Sublandlord, then Subtenant shall surrender to Sublessor promptly remove from the Subleased PremisesPremises (a) any Alterations that are required to be removed pursuant to Section 8 of this Sublease, including all improvements (b) any other improvements, alterations or fixtures in the Subleased Premises that are required to be removed at the expiration of the term of the Master Lease pursuant to the terms therein, and fixtures therein except those listed in Exhibit 7that were installed by or for Subtenant, whether leased and (c) Subtenant’s personal property, including, without limitation, any property that would be considered “Tenant’s Property” pursuant to or otherwise owned by Sublesseethe terms of the Master Lease, and quit and surrender the Subleased Premises to Sublandlord, broom clean clean, and in as good order, condition and repairrepair as received, reasonable ordinary wear and tear exceptedand repairs that are not Subtenant’s responsibility hereunder excepted and otherwise in accordance with the terms of Section 28 of the Master Lease, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed as incorporated herein. If Subtenant fails to remove its personal property any Alterations, Installations, improvements or fixtures that are required to be removed, or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildingsSubtenant’s personal property, facilities or other improvements to within five (5) days after the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease, Sublandlord, at Subtenant’s sole cost and expense, shall be entitled (but not obligated) to remove such Alterations, Installations, Tenant’s Property, improvements and/or fixtures and/or remove, store or dispose of Subtenant’s personal property. Sublandlord shall not be responsible for the value, preservation or safekeeping of Subtenant’s personal property.
Appears in 1 contract
Surrender of Subleased Premises. 6.1At the expiration or earlier termination of the Sublease Term, Subtenant shall quit and surrender the Sublease Premises substantially in the same condition as the Subleased Premises were in on the Sublease Commencement Date, reasonable wear and tear and damage by fire or other casualty or taking excepted. On Without limitation of any of the foregoing, Subtenant shall on or before the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including remove all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its of Subtenant’s personal property or and repair any removable improvements made damage caused by Sublessee at its sole expense that can be removed without damage to such removal. If any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, personal property of Subtenant shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as remain in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before after the end termination of this Sublease, at the Sublease termelection of Sublandlord, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed (i) it shall be deemed to have been abandoned by Sublessee Subtenant and may be utilized retained by Sublandlord as its own property or (ii) such property may be removed and disposed of by Sublessor without any liability Sublandlord at the expense of Subtenant. The rights of Sublandlord shall be in addition to Sublesseethe rights of Prime Landlord under Article 8 of the Prime Lease and Subtenant shall be responsible for all of the obligations of Tenant under such Article 8. Sublessee's Subtenant’s obligation to observe or perform under this Article 6 Section shall survive the expiration or termination of this Sublease. Notwithstanding the foregoing, if Sublandlord is required to remove or restore any portion of the Subleased Premises prior to the surrender of the Subleased Premises to Prime Landlord to ensure compliance with the Prime Lease, Sublandlord, and not Subtenant, shall be solely responsible therefor. Sublandlord shall perform any such removal and restoration on weekends and during non-business hours during the last week of the Sublease Term, provided such work does not interfere with or disturb Subtenant’s use and occupancy of the Subleased Premises. Subject to the foregoing, Subtenant shall provide reasonable access to Sublandlord during such periods to effectuate such removal or restoration.
Appears in 1 contract
Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all buildings and improvements and fixtures therein except those listed in Exhibit 7, on the Subleased Premises whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the buildings and improvements and fixtures thereinthereon, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements building and fixturesimprovements. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.. END OF ARTICLE 6 ----------------
Appears in 1 contract
Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's ’s right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's ’s personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's ’s obligation under this Article 6 shall survive the expiration or termination of this Sublease.
Appears in 1 contract
Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall ---- surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.
Appears in 1 contract
Sources: Sublease Agreement (Bottomline Technologies Inc /De/)
Surrender of Subleased Premises. 6.1. On At the expiration or earlier termination of this SubleaseSublease or Subtenant’s right of possession, Sublessee Subtenant shall surrender to Sublessor remove all of Subtenant’s personal property from the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased quit and surrender the Subleased Premises to or otherwise owned by SublesseeSublandlord, broom clean clean, and in good order, condition and repair, reasonable ordinary wear and tear and damage caused by casualty, Sublandlord or Master Landlord, and any repairs or replacements that are the obligation of Sublandlord or Master Landlord, excepted, together with . Subtenant shall repair all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and damages to the Subleased Premises including said improvements and fixturesresulting from such removal. On or before the end If Subtenant fails to remove any of the Sublease term, Sublessee shall remove all of Sublessee's Subtenant’s personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive within five (5) business days after the expiration or earlier termination of this Sublease or Subtenant’s right of possession, then Sublandlord, at Subtenant’s sole cost and expense, shall be entitled to remove Subtenant’s personal property. Subtenant shall pay Sublandlord, upon demand, the actual, reasonable expenses and charges incurred by Sublandlord to remove Subtenant’s property. Alternatively, Sublandlord may deem all or any part of Subtenant’s personal property to be abandoned and title to Subtenant’s personal property shall vest in Sublandlord. Subtenant shall pay Sublandlord, upon demand, the actual, reasonable costs and expenses incurred by Sublandlord in disposing of any such property. Notwithstanding any of the foregoing, except as provided in Paragraph 2(d), upon expiration or earlier termination of this Sublease, the FF&E shall remain at and be surrendered to Sublandlord with the Subleased Premises in the condition required under Section 4(f) of this Sublease.
Appears in 1 contract
Sources: Sublease Agreement (Trevena Inc)
Surrender of Subleased Premises. 6.1. On At the expiration or earlier termination of this Sublease, Sublessee if no Surrender Restoration Waiver has been delivered to Sublandlord, then Subtenant, at its sole cost and expense, shall surrender to Sublessor promptly remove from the Subleased PremisesPremises (a) any Alterations made by Subtenant, including all improvements (b) Subtenant’s personal property, and fixtures therein except those listed (c) repair any damage to the Subleased Premises caused by such removal, and otherwise quit and surrender the Subleased Premises to Sublandlord in Exhibit 7, whether leased to or otherwise owned the condition required by Sublesseethe Master Lease, broom clean clean, and in good order, condition and repair, reasonable ordinary wear and tear and damage from casualty excepted. If Subtenant fails to remove any Alterations or Subtenant’s personal property within five (5) days after the termination of this Sublease, together with all alterationsSublandlord, decorationsat Subtenant’s sole cost and expense, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed entitled (but not obligated) to remove its such Alterations or remove, store or dispose of Subtenant’s personal property property. Sublandlord shall not be responsible for the value, preservation or any removable improvements made by Sublessee safekeeping of Subtenant’s personal property. Subtenant shall not be required to remove at its sole expense that can be removed without damage to any buildingsthe expiration of the Sublease term or otherwise, facilities alterations or other improvements to the Subleased Premises. The Subleased Premises, including Premises made by or for the improvements and fixtures therein, shall be delivered free and clear account of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby Sublandlord or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance existing as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this SubleaseStart Date.
Appears in 1 contract
Sources: Sublease (Exelixis, Inc.)
Surrender of Subleased Premises. 6.1. On Upon the expiration Termination Date, or upon any earlier termination hereof, Subtenant shall quit and surrender possession of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements Premises to Sublandlord in as good order and fixtures therein except those listed in Exhibit 7, whether leased to condition as the Subleased Premises are now or otherwise owned hereafter may be improved by Sublessee, broom clean and in good order, condition and repairSublandlord or Subtenant, reasonable wear and tear and repairs which are Sublandlord’s or Prime Landlord’s obligation excepted, together with all alterations, decorations, additions and improvements that may have been made inleave the portion of the Building Systems located in the Subleased Premises in good operating condition, to the extent within the control of Subtenant, inform Sublandlord of all combinations on locks, safes and vaults, if any, in the Subleased Premises and shall, without expense to Sublandlord or on Prime Landlord, remove or cause to be removed from the Subleased Premises, except that Sublessee shall be allowed to remove its all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitioning and other articles of personal property owned by Subtenant or any removable improvements made installed or placed by Sublessee Subtenant at its sole expense that can be removed without damage to any buildings, facilities or other improvements to in the Subleased Premises. The Subleased Premises, including and all similar articles of any other persons claiming under Subtenant unless Sublandlord or Prime Landlord exercises its option to have any subleases or subtenancies assigned to Sublandlord or to Prime Landlord if the improvements Prime Lease has then terminated, and fixtures therein, Subtenant shall be delivered free and clear of repair all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and damage to the Subleased Premises and the Building Property resulting from such removal. Prior to surrendering the Subleased Premises, Subtenant shall repair any damage caused by the removal of Subtenant’s property, including said improvements Subtenant’s signs, and fixtures. On any Alterations designated in writing by Sublandlord or before by Prime Landlord (at the end time of plan approval by Sublandlord or Prime Landlord) to be removed, including without limitation, the repair of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunderfloor, and the patching and painting of the walls to Prime Landlord’s reasonable satisfaction, all such property not removed shall be deemed abandoned by Sublessee at Subtenant’s sole cost and may be utilized or disposed expense. As a matter of by Sublessor without any liability to Sublessee. Sublessee's obligation under clarification, this Article 6 section shall survive the expiration or termination of this SubleaseSublease and a breach of this Section 20.2 entitles Sublandlord, after notice and lapse of any applicable cure periods, to all of its remedies hereunder including the indemnity under Section 16.1.
Appears in 1 contract
Surrender of Subleased Premises. 6.1Upon the Termination Date or upon earlier expiration of the Sublease as provided herein, Sublessee shall surrender the Subleased Premises in the condition required by Sections 8.1 and 9.5 of the Prime Lease, removing all goods and effects of Sublessee, including trade fixtures, equipment, signage, cabling, wiring and other personal property, as well as any alterations made by Sublessee that Prime Landlord has designated for removal in accordance with the terms of the Prime Lease, but specifically excluding those approved as part of, or in connection with, the Consent, provided, however, Sublessee may surrender the Subleased Premises with cabling and wiring in place, unless required by the Prime Landlord to remove such cabling and wiring installed by Sublessee. On For the sake of clarity, Sublessee shall not be responsible for any wiring, cabling or other installations or alterations (including without limitation supplemental HVAC and other systems) made or installed by Sublessor or otherwise made or installed prior to the Sublease Commencement Date or for any damage occurring prior thereto. Any of Sublessee’s equipment or personal property which shall remain in the Subleased Premises after the expiration or termination of the term of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee conclusively to have been abandoned, and either may be utilized retained by Sublessor as its property or may be disposed of by in such manner as Sublessor without any liability to may see fit, at Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease’s sole cost and expense.
Appears in 1 contract
Surrender of Subleased Premises. 6.1. On Upon the expiration or termination of this Subleasethe Term, Sublessee Tenant shall comply with the following terms and conditions:
(a) Tenant shall peaceably vacate and surrender the Subleased Premises to Sublessor in good and clean order, condition, and repair, with the exception of any reasonable wear and tear. Tenant shall also surrender the FF&E and all keys for the Subleased Premises to Sublessor, and shall inform Sublessor of all combinations for any locks, safes, or vaults remaining in the Subleased Premises.
(b) Tenant shall surrender any Alterations to Sublessor unless otherwise expressly indicated in writing by Sublessor or Landlord when reviewing and approving any Alterations as set forth in Section 8.1 and Section 8.5. If Tenant is required to remove all or any portion of the Alterations, then on or prior to the expiration or termination of the Term, Tenant shall, at Tenant’s sole cost and expense, remove all or any portion of such Alterations as indicated by Sublessor or Landlord and restore the affected portions of the Subleased Premises, including the Leased Premises, the Building, and the Property to a condition substantially similar to the condition that existed prior to the construction of the Alterations. If Tenant fails to remove any such Alterations, or fails to restore the affected portions of the Subleased Premises, the Leased Premises, the Building, and the Property, then Sublessor may elect to perform such work on behalf of Tenant, and Tenant shall reimburse Sublessor for any cost or expense so incurred by Sublessor, plus a sum equal to ten percent (10%) of such costs and expenses, within fifteen (15) business days of Tenant’s receipt of an invoice from Sublessor.
(c) Tenant shall remove all improvements of Tenant’s personal property, portable partitions, trade fixtures, and fixtures therein except those listed business equipment, and shall repair any damage to the Subleased Premises, the Leased Premises, the Building, and the Property caused by such removal; provided, however, the Parties acknowledge and agree that Tenant shall not be required to remove the FF&E. Any such property that Tenant fails to remove from the Subleased Premises, the Leased Premises, the Building, and the Property on or before the expiration or termination of the Term shall be conclusively deemed to have been abandoned by Tenant, and may either be retained by Sublessor as its property, or removed, placed in Exhibit 7storage, whether leased to sold, or otherwise owned disposed of by SublesseeSublessor, broom clean at Tenant’s sole cost and expense. Tenant shall reimburse Sublessor for any cost or expense so incurred by Sublessor, plus a sum equal to [***] percent ([***]%) of such costs and expenses, within fifteen (15) business days of Tenant’s receipt of an invoice from Sublessor. In the event Sublessor elects to sell or otherwise dispose of such abandoned property, the proceeds of such sale or other disposition shall belong solely to Sublessor. Furthermore, if Tenant fails to repair any damage to the Subleased Premises, the Leased Premises, the Building, and the Property caused by such removal, then Sublessor may elect to perform such work on behalf of Tenant, and Tenant shall reimburse Sublessor for any cost or expense so incurred by Sublessor, plus a sum equal to ten percent (10%) of such costs and expenses, within fifteen (15) business days of Tenant’s receipt of an invoice from Sublessor. Notwithstanding anything to the contrary contained in good orderthis Agreement, condition Tenant shall not be liable for minor damage to the carpet, ceiling, and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that walls of the Subleased Premises and/or Building caused pursuant to Tenant removing any fixtures or materials it may have been made in, be required to remove or on has elected to move from the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premisesextent that Landlord holds Sublessor liable for such damage pursuant to the Lease.
(d) Notwithstanding anything to the contrary contained in this Section 14.1, including Tenant shall not remove any plumbing, electrical, or heating and air-conditioning fixtures, machinery, or equipment, all of which shall remain the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion property of Sublessor are necessary or desirable to confirm or perfect Sublessor's rightLandlord, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation as applicable.
(e) Tenant’s obligations under this Article 6 Section 14.1 shall survive the expiration or termination of this SubleaseAgreement.
Appears in 1 contract
Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.
Appears in 1 contract
Surrender of Subleased Premises. 6.1. On the expiration or termination of this Sublease, Sublessee shall ---- surrender to Sublessor the Subleased Premises, including all improvements and fixtures therein except those listed in Exhibit 7, whether leased to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on the Subleased Premises, except that Sublessee shall be allowed to remove its personal property or any removable improvements made by Sublessee at its sole expense that can be removed without damage to any buildings, facilities or other improvements to the Subleased Premises. The Subleased Premises, including the improvements and fixtures therein, shall be delivered free and clear of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, 18 <PAGE> acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in and to the Subleased Premises including said improvements and fixtures. On or before the end of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed hereunder, and all such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Sublease.
Appears in 1 contract
Sources: Sublease Agreement
Surrender of Subleased Premises. 6.1. On Subtenant shall at the expiration or other termination of this Sublease, Sublessee shall surrender to Sublessor Sublease remove all Subtenant’s goods and effects from the Subleased Premises. Subtenant shall deliver to Sublandlord the Subleased Premises and all keys, including locks thereto, and other fixtures connected therewith and all improvements alterations and fixtures therein except those listed in Exhibit 7, whether leased additions made to or otherwise owned by Sublessee, broom clean and in good order, condition and repair, reasonable wear and tear excepted, together with all alterations, decorations, additions and improvements that may have been made in, to or on upon the Subleased Premises, except those alterations and additions that Sublessee may be required by Landlord or Sublandlord to be removed, in good order and condition, normal wear and tear and damage by fire or other casualty not caused by Subtenant excepted; provided, however, Sublandlord agrees that Subtenant shall be allowed have no obligation to remove its personal property any alterations or any removable improvements made by Sublessee at its sole expense that can be removed without damage additions if, with respect to any buildingsgiven alteration or addition, facilities or other improvements Subtenant previously requested in writing a written waiver of such obligation by Sublandlord and Landlord and Sublandlord and Landlord have delivered such written waiver to Subtenant. In addition, if Subtenant fails to surrender the Subleased Premises in the condition required hereunder, Sublandlord shall have the right to cause the Subleased Premises to be restored to such condition and charge the cost thereof to Subtenant. In the event of Subtenant’s failure to remove any of Subtenant’s property from the Subleased Premises. The Subleased Premises, including Sublandlord and Landlord are hereby authorized, without liability to Subtenant for loss or damage thereto, and at the improvements sole risk of Subtenant, to remove and fixtures thereinstore any of the property at Subtenant’s expense, shall be delivered free and clear or to retain same under Sublandlord’s or Landlord’s control or to sell at public or private sale, without notice any or all of all subtenancies, liens and encumbrances, other than those, if any, permitted hereby or otherwise created or consented to by Sublessor, and, if requested to do so, Sublessee shall execute, acknowledge and deliver to Sublessor such instruments of further assurance as in the opinion of Sublessor are necessary or desirable to confirm or perfect Sublessor's right, title and interest in property not so removed and to apply the Subleased Premises including said improvements and fixtures. On or before net proceeds of such sale to the end payment of the Sublease term, Sublessee shall remove all of Sublessee's personal and other property allowed to be removed any sum due hereunder, and all or to destroy such property not removed shall be deemed abandoned by Sublessee and may be utilized or disposed of by Sublessor without any liability to Sublessee. Sublessee's obligation under this Article 6 shall survive the expiration or termination of this Subleaseproperty.
Appears in 1 contract