SURRENDER OR ABANDONMENT Clause Samples

The Surrender or Abandonment clause defines the conditions under which a tenant may voluntarily give up possession of leased property before the lease term ends, or when a landlord may consider the property abandoned if the tenant vacates without notice. In practice, this clause outlines the procedures for formally surrendering the premises, such as providing written notice, and may specify the landlord’s rights to re-enter and re-let the property if abandonment is determined. Its core function is to clarify the parties’ rights and obligations in situations where the tenant leaves the property early, thereby preventing disputes and ensuring a clear process for handling early vacancy.
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SURRENDER OR ABANDONMENT. The obligations of the Defaulting Party and the rights of the Non Defaulting Parties shall survive the surrender of the Licence, abandonment of Joint Operations and termination of this Agreement.
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SURRENDER OR ABANDONMENT. The Parties shall not surrender or abandon any of the Property unless all Parties consent to the same in writing; provided, however, that such consent shall not unreasonably be withheld.
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SURRENDER OR ABANDONMENT. The Board may authorize the Company to surrender or abandon part or all of the Property (“Abandonment Property”). If the Board authorizes any such surrender or abandonment then the Company must give notice to each Shareholder at least twenty (20) Business Days in advance of the proposed date of surrender or abandonment (“Abandonment Date”) together with details of the Abandonment Date and details of any Encumbrance on the Abandonment Property created by, through or under the Company. Each Shareholder will have a period of ten (10) Business Days from receipt of the notice to elect by notice to the Company to take an assignment of the Abandonment Property, which assignment will be on an “as is” basis for a total consideration equal to ten dollars ($10). If a Shareholder elects to take an assignment of the Abandonment Property, then the Company must assign to the electing Shareholder or its nominee, by agreement or other applicable instrument and at the cost of the electing Shareholder, all of the Company’s interest in the Abandonment Property, and the Abandonment Property will cease to be part of the Property and the Company will have no further right, title or interest in the Abandonment Property. With effect from date of assignment, the electing Shareholder taking an assignment of the Abandonment Property, and subject to applicable Law: (1) must assume all of the liabilities (including any Encumbrance) accruing or attaching to the registered holder or beneficial owner of the Abandonment Property irrespective of whether such liabilities arose or accrued before, on or after the date of assignment to the electing Shareholder; and (2) is solely liable for any Claim, and must indemnify the other Shareholder and the Company from and against any Claim, arising out of or in connection with the Abandonment Property irrespective of whether the Claim arose before, on or after the date of assignment of the Abandonment Property to the electing Shareholder or was caused or contributed to by any act or omission of the other Shareholder or the Company. If a Shareholder does not give notice to the Company within the period of twenty (20) Business Days referred to above electing to take an assignment of the Abandonment Property, then the Company may surrender or abandon the Abandonment Property on the Abandonment Date and will thereafter have no further obligation to maintain the title to the Abandonment Property.
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SURRENDER OR ABANDONMENT. If prior to the exercise by Eldorado of the Option: (a) any one or more of the Mineral Rights and Other Rights, if any, that comprise the corresponding New Project are due to expire or lapse and the Operator is not going to apply for the renewal or extension of those Mineral Rights or Other Rights or apply for Mineral Rights and Other Rights, if any, in substitution for those Mineral Rights or Other Rights over the same area; or (b) the Operator wishes to surrender, relinquish or abandon any one or more of the Mineral Rights and Other Rights, if any, that comprises the corresponding New Project, then the Operator must give to Eldorado not less than 40 Business Days prior notice of the proposed expiry, lapse, surrender, relinquishment or abandonment (whether compulsory or otherwise) of such Mineral Rights and Other Rights, if any, and on written request from Eldorado and as soon as it is legally permissible to do so, must assign or transfer any such Mineral Rights and Other Rights, if any, to Eldorado or its nominee free of any Encumbrance (save any Permitted Encumbrances) for a consideration of $1.00 and a full indemnity, in favour of the Operator so surrendering, relinquishing or abandoning as the case may be, in respect of the transferred interest (save in respect of any liabilities arising from the default or negligent act or omission of a the Operator).
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SURRENDER OR ABANDONMENT. Abandonment is presumed if the Resident has abandoned the dwelling unit and premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption shall not apply if the rent is current or the Tenant has notified the Landlord, in writing, of an intended absence during a current lease period. 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 Resident’s personal property.
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SURRENDER OR ABANDONMENT. You agree that if you abandon or vacate the premises and leave behind personal property of yours or your family, guests, invitees, or any other person claiming under them, we will have the right to remove and dispose of said personal property as we will see fit, at your sole risk and cost and without recourse by you or any person claiming under or through you against us. If you do not occupy the Premises for more than fifteen consecutive days without written notice to us, we may presume that it is your intent to abandon the Premises and any personal property within the Premises. You covenant to occupy the premises and you will be in default if you do not occupy the premises on a regular, continuing, and consistent basis. If you have not removed any and all personal property from the premises at the time owner is restored to and re-enters the Premises, it will be presumed that your intent is to abandon such personal property. You acknowledge that we are in the business of renting the Premises and the removal of the property is necessary to our livelihood as such, you will indemnify us against any claim or cost for any damages or expense with regard to the removal, disposal and / or storage of the property, including attorneys’ fees and costs regardless of who makes a claim against us in connection with our removal of any property. You will have abandoned or surrendered the Premises if you turn in any keys regardless of whether rent is paid or not. You will have abandoned or surrendered the Premises if any of the following events occur and if your personal belongings have been substantially removed, and you do not appear to be living in the Premises in our reasonable judgment: Your move out or notice to vacate date has passed; You are in default for non-payment of rent for 5 consecutive days; water, gas, electric, or any other service for the Premises connected in your name has been terminated or disconnected; we are in the process of judicially evicting you for any reason and you fail to respond for 2 consecutive days to any notice posted on the Premises stating that we consider you to have abandoned the Premises. You also abandon or surrender the Premises 10 days after the death of a sole resident. If you abandon the Premises or vacate the Premises upon the expiration or termination of this Lease while leaving personal property within the Premises, you specifically and irrevocably waive all title and interest you have to such property and grant to us full ...
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SURRENDER OR ABANDONMENT. A. LESSEE has surrendered the apartment when: (1) the move-out date has passed and no one is living in the apartment in our reasonable judgment; or (2) all apartment keys listed in paragraph 5 have been turned in where rent is paid—whichever date occurs first. B. LESSEE has abandoned the apartment when all of the following have occurred: (1) everybody appears to have moved out in our reasonable judgment; (2) clothes, furniture, and personal belongings have been substantially removed in our reasonable judgment; (3) LESSEE has been in default of non-payment of rent for 5 consecutive days; and (4) LESSEE has not responded for 2 days to our notice left on the inside of the main entry door, stating that we consider the apartment abandoned. C. Surrender, abandonment, or judicial eviction ends LESSEE’s right of possession and entry upon the property for all purposes and gives LESSOR the immediate right to: clean up, make repairs in, and re-let the apartment; and remove property left in the apartment.
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SURRENDER OR ABANDONMENT. If Tenant shall abandon or surrender the Premises, or be dispossessed by process of law or otherwise, any personal property belonging to Tenant and left on the Premises for a period of fifteen (15) days after such abandonment or surrender shall be deemed to be abandoned, at the option of the Landlord. Provided, however, the provisions regarding abandonment shall not be effective if Tenant is not in default under the terms of this Lease.
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Related to SURRENDER OR ABANDONMENT

  • Surrender of Premises Ownership and Removal of Trade Fixtures 23.1 No act or thing done by Landlord or any agent or employee of Landlord during the Lease Term shall be deemed to constitute an acceptance by Landlord of a surrender of the Premises unless such intent is specifically acknowledged in writing by Landlord. The delivery of keys to the Premises to Landlord or any agent or employee of Landlord shall not constitute a surrender of the Premises or effect a termination of this Lease, whether or not the keys are thereafter retained by Landlord, and notwithstanding such delivery Tenant shall be entitled to the return of such keys at any reasonable time upon request until this Lease shall have been properly terminated. The voluntary or other surrender of this Lease by ▇▇▇▇▇▇, whether accepted by Landlord or not, or a mutual termination hereof, shall not work a merger, and at the option of Landlord shall operate as an assignment to Landlord of all subleases or subtenancies affecting the Premises or terminate any or all such subtenants or subtenancies. 23.2 Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, subject to the provisions of this Article 23 and section 8.2 above, quit and surrender possession of the Premises to Landlord in as good order and condition as when ▇▇▇▇▇▇ took possession, ordinary wear and tear and damage thereto by fire or other casualty excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions, voice and data cabling and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed; provided, however, that in lieu of removing certain cabling, Tenant shall, at Landlord's request, abandon and leave in place, without additional payment to Tenant or credit against rent, any cabling (including conduit) designated by Landlord and installed in the Premises or elsewhere in the Building by or on behalf of Tenant (including all connections for such cabling), in a neat and safe condition in accordance with the requirements of all applicable Legal Requirements, including the National Electric Code or any successor statute, and terminated at both ends of a connector, properly labeled at each end and in each electrical closet and junction box. Any such property not so removed by Tenant shall be deemed to be abandoned and at the option of Landlord shall either (a) become Landlord's property without any payment to Tenant or (b) remain Tenant's property, but Landlord shall have the right to sell or otherwise dispose of such personal property in any commercially reasonable manner, provided that any proceeds realized from the sale of Tenant's property shall be applied first to offset all expenses of storage and sale, then credited against Tenant's outstanding obligations under this Lease (including, without limitation, past due rent amounts and any termination damages owing by Tenant to Landlord pursuant to Article 19 hereof), and any remaining balance shall be returned to Tenant.

  • Surrender/Restoration Lessee shall surrender the Premises by the end of the last day of the Lease term or any earlier termination date, clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted. Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Lessee performing all of its obligations under this Lease. Except as otherwise agreed or specified herein, the Premises, as surrendered, shall include the Alterations and Utility Installations. The obligation of Lessee shall include the repair of any damage occasioned by the installation, maintenance or removal of Lessee's Trade Fixtures, furnishings, equipment, and Lessee-Owned Alterations and Utility Installations, as well as the removal of any storage tank installed by or for Lessee, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Lessee, all as may then be required by Applicable Requirements and/or good practice. Lessee's Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee subject to its obligation to repair and restore the Premises per this Lease.

  • Termination or Abandonment Notwithstanding anything in this Agreement to the contrary, this Agreement may be terminated and abandoned at any time prior to the Effective Time: (a) by the mutual written consent of the Partnership and Parent; (b) by either the Partnership or Parent, if the LP Merger shall not have been consummated on or prior to April 25, 2022 or such later date as may be agreed in writing by Parent and the Partnership (following approval by the Conflicts Committee) (the “End Date”); provided, however, that if all of the conditions to Closing, other than any of the conditions set forth in Section 6.1(b) or Section 6.1(c), shall have been satisfied or shall be capable of being satisfied at such time, the End Date shall automatically be extended to October 25, 2022, which date shall thereafter be deemed to be the End Date; provided, further, that the right to terminate this Agreement pursuant to this Section 7.1(b) shall not be available to a party if the failure of the Closing to occur by such date shall be primarily due to the material breach by such party of any representation, warranty, covenant or other agreement of such party set forth in this Agreement; (c) by either the Partnership or Parent, if an injunction or other Law shall have been entered, enacted or become effective permanently restraining, enjoining or otherwise prohibiting the consummation of the Mergers and such injunction or other Law has become final and nonappealable; provided, however, that the right to terminate this Agreement under this Section 7.1(c) shall not be available to a party if such injunction or Law was due to the material breach by such party of any representation, warranty, covenant or other agreement of such party set forth in this Agreement; (d) by the Partnership, if Parent, Merger Sub or GP Merger Sub shall have breached or failed to perform any of its representations, warranties, covenants or other agreements contained in this Agreement, which breach or failure to perform (i) if it occurred or was continuing to occur on the Closing Date, would result in a failure of a condition set forth in Section 6.2(a) or Section 6.2(b) and (ii) by its nature, cannot be cured prior to the End Date or, if such breach or failure is capable of being cured by the End Date, Parent does not cure such breach or failure within thirty (30) days after receiving written notice from the Partnership describing such breach or failure in reasonable detail (provided that the Partnership may not exercise the termination right pursuant to this Section 7.1(d) if it is then in material breach of any representation, warranty, covenant or other agreement contained herein); (e) by Parent, if the Partnership or the General Partner shall have breached or failed to perform any of its representations, warranties, covenants or other agreements contained in this Agreement, which breach or failure to perform (i) if it occurred or was continuing to occur on the Closing Date, would result in a failure of a condition set forth in Section 6.3(a) or Section 6.3(b) and (ii) by its nature, cannot be cured prior to the End Date or, if such breach or failure is capable of being cured by the End Date, the Partnership or the General Partner, as applicable, does not cure such breach or failure within thirty (30) days after receiving written notice from Parent describing such breach or failure in reasonable detail (provided that Parent may not exercise the termination right pursuant to this Section 7.1(e) if it is then in material breach of any representation, warranty, covenant or other agreement contained herein); and (f) by either the Partnership or Parent, if the Support Agreement is terminated in accordance with Section 2.1 thereof.

  • Abandonment of Premises If the property becomes vacant during the term of this lease, and if at the time of the vacancy Tenant are in default in the payment of any installment of rent, then the rent for the entire term shall become at once due and payable and Landlord may proceed to collect rent for said entire premises, with or without process of law, to take possession thereof, to remove any and all property there from and store as required by law, to lease the premises as agent of Tenant, and to apply the proceeds received from such letting toward the payment of Tenant' rent under this lease; such re-entry and re-letting shall not discharge Tenant from liability for rent, nor from any other obligation under the terms of this lease.

  • Surrender of the Premises 24.1 On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense: 24.1.1 if so directed by ▇▇▇▇▇▇▇▇ in writing, remove the Improvements, the Pipeline and all appurtenances thereto, or, at the sole discretion of Licensor, fill and cap or otherwise appropriately decommission the Pipeline with a method satisfactory to Licensor; 24.1.2 report and restore any damage to the Premises or Licensor's other property arising from, growing out of, or connected with Licensee's use of the Premises; 24.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; and 24.1.4 leave the Premises in substantially the condition which existed as of the Effective Date, or as otherwise agreed to by Licensor. 24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to Licensor or if Licensee fails to complete its obligations under Section 24.1 above (the "Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises solely to the extent necessary for Licensee to complete the Restoration Obligations, and all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered and the Restoration Obligations are completed. Neither termination nor expiration shall release Licensee from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations are completed. 24.3 If Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of such termination of its tenancy, then Licensor may, at its election, either: (i) remove the Pipeline and the other Improvements or otherwise restore the Premises, and in such event Licensee shall, within thirty (30) days after receipt of bill therefor, reimburse Licensor for cost incurred, (ii) upon written notice to Licensee, take and hold the Pipeline and the other Improvements and personal property as its sole property, without payment or obligation to Licensee therefor, or (iii) specifically enforce Licensee's obligation to restore and/or pursue any remedy at law or in equity against Licensee for failure to so restore. Further, if Licensor has consented to the Pipeline and the other Improvements remaining on the Premises following termination, Licensee shall, upon request by Licensor, provide a bill of sale in a form acceptable to Licensor conveying the Pipeline and the other Improvements to Licensor for no additional consideration.