Common use of Surrender Upon Termination Clause in Contracts

Surrender Upon Termination. Unless NAI or an Applicable Purchaser is purchasing or has purchased BNPPLC’s entire interest in the Property pursuant to the terms of the Purchase Agreement, NAI must, upon the termination of NAI’s right to occupancy, surrender to BNPPLC the Property, including Improvements constructed by NAI and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by NAI in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI or any party claiming under NAI, if not removed at the time of such termination and if BNPPLC so elects, will be deemed abandoned and become the property of BNPPLC without any payment or offset therefor. If BNPPLC does not so elect, BNPPLC may remove such property from the Property and store it at NAI’s risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.

Surrender Upon Termination. Unless NAI or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s BNPLC's entire interest in the Property pursuant to the terms of the Purchase Agreement and BNPLC's entire interest in the Improvements and other "Property" under (and as defined in) the Other Purchase Agreement, NAI mustshall, upon the termination of NAI’s 's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements constructed by NAI and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this LeaseLand Lease or the Other Lease Agreement, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Land Lease or the Other Lease Agreement and which have been completed by NAI in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI or any party claiming under NAI, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s 's risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.

Surrender Upon Termination. Unless NAI or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s BNPLC's entire interest in the Property pursuant to the terms of the Purchase Agreement and BNPLC's entire interest in the Improvements and other "Property" under (and as defined in) the Other Purchase Agreement, NAI mustshall, upon the termination of NAI’s 's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements constructed by NAI and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this LeaseImprovements Lease or the Other Lease Agreement, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Improvements Lease or the Other Lease Agreement and which have been completed by NAI in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI or any party claiming under NAI, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s 's risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.

Surrender Upon Termination. Unless NAI Zhone or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s BNPLC's entire interest in the Property Land and Improvements pursuant to the terms of Building 3 Purchase Agreement and the Other Purchase AgreementAgreements, NAI mustZhone shall, upon the termination of NAI’s Zhone's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements on the Building 3 Site constructed by NAI Zhone and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements on the Building 3 Site in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Building 3 Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Building 3 Lease and which have been completed by NAI Zhone in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI Zhone or any party claiming under NAIZhone, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s Zhone's risk and expense. NAI must bear the expense of repairing any damage Nothing in this Paragraph 21 will be construed to require Zhone to surrender the Property caused to BNPLC during the continuation of any breach by such removal by BNPPLC BNPLC of any obligation it has under the Building 3 Purchase Agreement to convey the Property to Zhone or NAIan Applicable Purchaser.

Surrender Upon Termination. Unless NAI Electroglas or an Applicable Purchaser is purchasing or has purchased BNPPLC’s purchases BNPLC's entire interest in the Property pursuant to the terms of the Purchase Agreement, NAI mustElectroglas shall, upon the termination of NAI’s Electroglas' right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements any buildings, alterations, improvements, replacements or additions constructed by NAI and Electroglas, with all fixtures and furnishings included in the Property, but not including movable furniture and movable personal property not covered by this Lease, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and and, to the extent required by BNPLC, with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by NAI Electroglas in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI Electroglas or any party claiming under NAIElectroglas, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s Electroglas' risk and expense. NAI must Electroglas shall bear the expense of repairing any damage to the Property caused by such removal by BNPPLC BNPLC or NAIElectroglas.

Surrender Upon Termination. Unless NAI Zhone or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s BNPLC's entire interest in the Property Land and Improvements pursuant to the terms of Land Purchase Agreement and the Other Purchase AgreementAgreements, NAI mustZhone shall, upon the termination of NAI’s Zhone's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements constructed by NAI Zhone and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this LeaseLand Lease or the Other Lease Agreements, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Land Lease or the Other Lease Agreements and which have been completed by NAI Zhone in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI Zhone or any party claiming under NAIZhone, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s Zhone's risk and expense. NAI must bear the expense of repairing any damage Nothing in this Paragraph 21 will be construed to require Zhone to surrender the Property caused to BNPLC during the continuation of any breach by such removal by BNPPLC BNPLC of any obligation it has under the Land Purchase Agreement to convey the Property to Zhone or NAIan Applicable Purchaser.

Surrender Upon Termination. Unless NAI FCI or an Applicable Purchaser is purchasing or has purchased BNPPLC’s purchases BNPLC's entire interest in the Property pursuant to the terms of the Purchase Agreement, NAI mustFCI shall, upon the termination of NAI’s FCI's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements any buildings, alterations, improvements, replacements or additions constructed by NAI and FCI, with all fixtures and furnishings included in the Property, but not including movable furniture and movable personal property not covered by this Lease, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and and, to the extent required by BNPLC, with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by NAI FCI in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI FCI or any party claiming under NAIFCI, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.and

Surrender Upon Termination. Unless NAI or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s BNPLC's entire interest in the Property pursuant to the terms of the Purchase Agreement and BNPLC's entire interest in the Improvements and other" Property" under (and as defined in) the Other Purchase Agreement, NAI mustshall, upon the termination of NAI’s 's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements constructed by NAI and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this LeaseImprovements Lease or the Other Lease Agreement, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Improvements Lease or the Other Lease Agreement and which have been completed by NAI in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI or any party claiming under NAI, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s 's risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.

Surrender Upon Termination. Unless NAI or an Applicable Purchaser is purchasing or has purchased BNPPLC’s purchases BNPLC's entire interest in the Property pursuant to the terms of the Purchase Agreement, NAI mustshall, upon the termination of NAI’s 's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements constructed by NAI and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by NAI in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI or any party claiming under NAI, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s 's risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.

Surrender Upon Termination. Unless NAI Zhone or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s BNPLC's entire interest in the Property Land and Improvements pursuant to ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇&▇ ▇▇▇▇▇▇▇▇ Agreement and the terms of the Other Purchase AgreementAgreements, NAI mustZhone shall, upon the termination of NAI’s Zhone's right to occupancy, surrender to BNPPLC BNPLC the Property, including Improvements on the Buildings 1&2 Site constructed by NAI Zhone and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements on the Buildings 1&2 Site in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Buildings 1&2 Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Buildings 1&2 Lease and which have been completed by NAI Zhone in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI Zhone or any party claiming under NAIZhone, if not removed at the time of such termination and if BNPPLC BNPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC BNPLC without any payment or offset therefor. If BNPPLC does BNPLC shall not so elect, BNPPLC BNPLC may remove such property from the Property and store it at NAI’s Zhone's risk and expense. NAI must bear the expense of repairing any damage Nothing in this Paragraph 21 will be construed to require Zhone to surrender the Property caused to BNPLC during the continuation of any breach by such removal by BNPPLC BNPLC of any obligation it has under ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇&▇ ▇▇▇▇▇▇▇▇ Agreement to convey the Property to Zhone or NAIan Applicable Purchaser.

Surrender Upon Termination. Unless NAI Ross or an Applicable Purchaser is purchasing purchases or has purchased BNPPLC’s 's entire interest in the Property pursuant to the terms of the Purchase Agreement, NAI mustRoss shall, upon the termination of NAI’s Ross's right to occupancy, surrender to BNPPLC the Property, including Improvements constructed by NAI Ross and fixtures and furnishings included in the Property, free of all Hazardous Substances (including Permitted Hazardous Substances) and tenancies and with all Improvements in substantially the same condition as of the date the same were initially completed, excepting only (i) ordinary wear and tear that occurs between the maintenance, repairs and replacements required by other provisions of this Lease, and (ii) demolition, alterations and additions which are expressly permitted by the terms of this Lease and which have been completed by NAI Ross in a good and workmanlike manner in accordance with all Applicable Laws. Any movable furniture or movable personal property belonging to NAI Ross or any party claiming under NAIRoss, if not removed at the time of such termination and if BNPPLC shall so electselect, will shall be deemed abandoned and become the property of BNPPLC without any payment or offset therefor. If BNPPLC does shall not so elect, BNPPLC may remove such property from the Property and store it at NAI’s Ross's risk and expense. NAI must bear the expense of repairing any damage to the Property caused by such removal by BNPPLC or NAI.