Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant Subtenant shall, on or before the termination of this LeaseExpiration Date, remove all of Tenant’s personal property and property, furniture, trade fixtures from and other equipment,provided that the removal of the same does not adversely affect the Building structure or any Building operating system or is not prohibited by the Master Lease, and that Subtenantpromptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event that Subtenantfails to remove any such items as required by this Section 4.2 by the Expiration Date, all such items remaining on the Premises (unless otherwise agreed after the Expiration Date shall be deemed abandoned and Sublandlordmay dispose of such items as it sees fit, without liability to in writing by Landlord)Subtenant. Subtenant shall also be responsible for the removal, and all property not so removed on or before the end Expiration Date, of all alterations as required under the term or sooner termination of Master Lease installed by Subtenant pursuant to this Lease Sublease and shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and responsible for any associated repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender restoration of the Premises by Tenant prior to required under the expiration Master Lease. In all other respects, Subtenant shall deliver the Premises broom clean, in its condition as of the Term hereofCommencement Date, reasonable wear and tear and casualty excepted. In no event shall Subtenantremove any of the plumbing, electrical, data lines, and acceptance HVAC system(s), except as otherwise required pursuant to this Section 4.2. Subtenant shall vacate and deliver possession of the Premises free of all liens, charges or encumbrances resulting from any act or omission on Subtenant’spart, and free and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other agency or authority by Landlord reason of surrender by Tenant shall only flow from Subtenant’s actions or failures to fulfill any of its obligations under this Sublease (“Violations”). Subtenantshall indemnify Sublandlord against any and must be evidenced by a written acknowledgment all loss, expense, damage, costs or attorneys’ fees arising out of acceptance of surrender signed by LandlordViolations occurring any time on or after the Commencement Date. The voluntary or other surrender of the Premises this Sublease by Tenant Subtenant,or a mutual cancellation of this Lease thereof, shall not work as a merger with respect automatically terminate any sub-subleases or sub-subtenancies or other agreements by which Subtenant has granted rights to such Lease. At third parties to all or any part of the Premises, but shall, at the option of LandlordSublandlord,either (1) terminate all or any existing sub-subleases or sub-subtenancies or such other agreements, or (2) operate as an assignment to Sublandlordof any or all existing such sub-subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration sub-subtenancies or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or such other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesagreements.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (Titan Corp)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant agrees on the last day shall return possession of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal good, broom-clean condition, except for ordinary wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additionstear, and improvements which may have been made in, to, except for casualty damage or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided other conditions that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires is not required to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of remedy under this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior Prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall executeremove from the Premises all furniture, acknowledge trade fixtures, equipment, wiring and deliver cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by or on behalf of Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Premises to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, within ten at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in accordance with California law. If ▇▇▇▇▇▇ does not return possession of the Property to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(10b) days If Tenant remains in possession of the Premises after written demand the expiration or termination of this Lease, ▇▇▇▇▇▇’s occupancy of the Premises shall be that of a month-to-month tenancy, subject to the provisions of this Lease (unless clearly inapplicable) except that the Monthly Base Rent shall be 200% of the Monthly Base Rent payable for the last full month immediately preceding the holdover and Tenant shall continue to pay Operating Expenses. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant without Landlord’s consent shall constitute a default on the part of Tenant under this Lease entitling Landlord to Tenantexercise, without obligation to provide Tenant any quitclaim deed notice or other document required by any reputable title companycure period, licensed all of the remedies available to operate Landlord in the State event of Californiaa Tenant default, to remove and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the cloud or encumbrance created by this Lease from the real property containing the Premisesholdover.
Appears in 2 contracts
Sources: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Surrender. Tenant agrees on Upon the last day expiration of the Lease Term, Term or on the sooner earlier termination of this Lease, to Tenant shall quit and surrender the Premises promptly and peaceably to Landlord the Leased Premises, broom clean and in good order, condition and repair (damage by Acts and otherwise in the condition and in a state of God and normal repair consistent with the requirements specified in Section 9(b) above, ordinary wear and tear and acts of Casualty Damage which Landlord is obligated to repair or replace excepted); provided, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s its personal property and trade fixtures from any property affixed to the Leased Premises (unless otherwise agreed or improvements, additions or alterations to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Leased Premises which Landlord directs Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, remove and repair any damage to the Building caused by such removal removal. If Tenant shall fail to remove any property or improvements, additions or alterations that it is obligated to remove, Landlord may cause all or any item of such property or improvements, additions or alteration to be removed at Tenant’s sole costexpense. If the Premises be not surrendered at the end Tenant hereby agrees to pay all costs and expenses of any removal and of the term or sooner termination repair of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys damage to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Leased Premises caused by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlordsuch removal. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After On the expiration or earlier termination of this Lease, Tenant shall executeshall, acknowledge and in addition to the foregoing, deliver to Landlord all keys and combinations to locks, safes and vaults. Any and all property remaining on the Leased Premises after the expiration of the Lease Term or earlier termination of this Lease shall, at the option of Landlord, within ten (10) days after written demand from become the property of Landlord and Landlord may dispose of and/or remove any such property without any liability whatsoever to Tenant, any quitclaim deed . Tenant’s obligation to observe and perform these covenants shall survive the expiration of the Lease Term or other document required by any reputable title company, licensed to operate in the State earlier termination of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesLease.
Appears in 2 contracts
Sources: Lease (Aqua Power Systems Inc.), Lease (Dirtt Environmental Solutions LTD)
Surrender. Tenant agrees on Sublessee shall at the last day of the Lease Term, expiration or on the sooner other termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, Sublease remove all of TenantSublessee’s personal property goods and trade fixtures effects from the Subleased Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rentfurniture, damages or any claims made fixtures, cabling and other equipment added to the Subleased Premises by any succeeding tenant founded on such delay. No act or conduct of LandlordSublessee, whether consisting and otherwise restore the Subleased Premises to its condition as of the acceptance Sublease Commencement Date, or such better condition as the Subleased Premises may have thereafter been placed by Sublessee, ordinary wear and tear and damage by fire or other casualty thereof only excepted. In the event of the keys Sublessee’s failure to remove any of Sublessee’s property from the Subleased Premises, Prime Landlord may proceed as permitted under the Sublease and/or Sublessor is hereby authorized, without liability to Sublessee for loss or otherwisedamage thereto, shall be deemed and at the sole risk of Sublessee, to be or constitute an acceptance remove and store any of the surrender of the Premises by Tenant prior property at Sublessee’s expense, or to the expiration of the Term hereofretain same under Sublessor’s control or to sell at public or private sale, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlordwithout notice, any or all existing subleases of the property not so removed, or to assign such rights to Prime Landlord, and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. In the event of such failure to vacate the Subleased Premises on the date and as provided herein, the Sublease Rent shall, immediately and without notice, accrue and be payable at a rate equal to two hundred (200%) percent of the Sublease Rent and additional last payable during the term hereof. Sublessee shall either terminate or be liable for, and shall attorn indemnify, defend and hold Sublessor harmless from and against all damages and holdover rental obligations payable by Sublessor to Prime Landlord as Landlord may electunder the Prime Lease by reason of such holdover. After Sublessee’s obligations under this Section shall survive the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesSublease.
Appears in 2 contracts
Sources: Sublease (Flex Pharma, Inc.), Sublease (Flex Pharma, Inc.)
Surrender. Tenant agrees on Upon the last day expiration or earlier termination of the Lease Term, or on the sooner termination of this Lease, to Tenant shall surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and repair, normal wear and tear and fire or other casualty excepted), including without limitation: with all interior walls cleaned; repaired and repainted if damaged, all tile floors carpets shampooed and cleaned, all carpets cleaned and shampooed; all broken, marred, stained marred or nonconforming acoustical ceiling tiles replaced; replaced with matching tiles, all interior sides of windows washed, the plumbing, electrical, lighting, fire sprinkler plumbing and other electrical systems left and lighting in good working order and repair, including replacement of any burned out discolored or broken light bulbsbulbs or ballasts, ballasts the HVAC equipment serviced and lenses; together with all alterationsrepaired by a reputable and licensed service firm (if Tenant is at any time, additionspursuant to the terms of this Lease, required to maintain the HVAC system serving the Premises), and improvements which may have been made inall floors cleaned, to, or on all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires any Alterations required to have the Premises or any part(s) thereof restored be removed pursuant to their original condition and configuration as when the Premises was delivered to TenantParagraph 11, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at all Tenant’s sole cost Personal Property, and expenserepair any damage and perform any restoration work caused by such removal. If Tenant shallfails to remove any such Alterations and/or Tenant’s Personal Property, on or before and such failure continues after the termination of this Lease, remove Landlord may retain such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s personal property account. Tenant shall be liable to Landlord for costs of removal of any such Alterations and trade fixtures Tenant’s Personal Property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at the Interest Rate from the Premises (unless otherwise agreed to in writing date of expenditure by Landlord), and all property . If the Premises are not so removed on or before surrendered at the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord and its Agents against all loss or liability liability, including attorneys’ fees and costs, resulting from the delay by Tenant in so surrendering the Premises. Normal wear and tear, includingfor the purposes of this Lease, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys shall be construed to mean wear and tear caused to the Premises, or otherwise, shall be deemed due to be or constitute an acceptance the expected and permitted use of the surrender Premises, by a natural aging process which occurs in spite of prudent application of the Premises by Tenant prior best standards for maintenance, repair and janitorial practices to the expiration extent the same are Tenant’s obligations under this Lease. It is not intended, nor shall it be construed, to include items of neglected or deferred maintenance which would have or should have been attended to during the Term of the Term hereofLease, pursuant to Tenant’s express obligations hereunder, if the best standards had been applied to properly maintain and acceptance by Landlord keep the Premises at all times in good condition and repair. In the event of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant Landlord shall execute, acknowledge and deliver to Landlord, within ten (10have the option of terminating all existing subleases or accepting any sublease(s) days after written demand from Landlord to Tenant, any quitclaim deed as a direct lease or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesleases.
Appears in 2 contracts
Sources: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)
Surrender. Tenant agrees on shall, upon the last day of the Lease Term, expiration or on the sooner earlier termination of this Lease, to peaceably surrender the Premises promptly Leased Premises, including any Tenant Improvements, in a janitorial clean condition and peaceably to Landlord otherwise in as good condition and repair as when Tenant took possession, except for (damage by Acts of God and normal i) reasonable wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; subsequent to the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and last repair, including replacement of any burned out discolored replacement, restoration, alteration or broken light bulbs, ballasts and lensesrenewal; together with all alterations, additions(ii) loss by fire or other casualty, and improvements which may have been made in(iii) loss by condemnation. If Tenant shall abandon, tovacate or surrender the Leased Premises, or on the Premises (except moveable trade fixtures installed at the expense be dispossessed by process of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises law or otherwise, any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from belonging to Tenant and left in the Leased Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (and, at Landlord’s option) , title shall pass to Landlord without compensation to Tenantunder this Lease as by a ▇▇▇▇ of sale. Landlord may, upon termination however, if it so elects, remove all or any part of this Lease, remove, store, retain and/or sell all moveable such personal property from the Leased Premises and trade fixtures so abandoned the costs incurred by TenantLandlord in connection with such removal, at Tenant’s sole cost, including reasonable storage costs and repair the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal at Tenant’s sole cost. If the Premises shall be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay paid by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct within fifteen (15) days after receipt of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord’s statement. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After Upon the expiration or earlier termination of this Lease, Tenant shall executesurrender to Landlord all keys to the Leased Premises and shall inform Landlord of the combination of any vaults, acknowledge locks and deliver safes left on the Leased Premises. The obligations of Tenant under this Article 13.1 shall survive the expiration or earlier termination of this Lease. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding Tenant founded on such delay. Tenant shall give written notice to Landlord, within ten Landlord at least thirty (1030) days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection at or after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in ’s vacation of the State Leased Premises shall be conclusively deemed correct for purposes of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesdetermining Tenant’s liability for repairs and restoration hereunder.
Appears in 2 contracts
Sources: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant agrees on the last day shall return possession of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal condition, except for ordinary wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additionstear, and improvements which may have been made inexcept for casualty damage, to, acts of Landlord or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided its Agents or other conditions that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires is not required to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of remedy under this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior Prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall executeremove from the Property all furniture, acknowledge trade fixtures, equipment, wiring and deliver cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, within ten at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(10b) days If Tenant remains in possession of the Premises after written demand the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to Tenantexercise, without obligation to provide Tenant any quitclaim deed notice or other document required by any reputable title companycure period, licensed all of the remedies available to operate Landlord in the State event of Californiaa Tenant default, to remove and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the cloud or encumbrance created by this Lease from the real property containing the Premisesholdover.
Appears in 2 contracts
Sources: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Surrender. Tenant agrees on On the last day of the Lease Termterm of this Lease, including any option term, or on upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises, shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the prime interest rate established by U.S. Bank National Association or its successors or assigns. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant then located in or upon the Leased Premises to surrender secure the Premises promptly and peaceably payment of any amounts due from Tenant to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term reason of this Lease whether or to secure the payment of damages, and Landlord desires to have may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the Premises termination of said Lease, Landlord may sell such property at public or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered private sale without further notice to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to apply in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance a reasonable manner determined by Landlord the proceeds of surrender by sale to reduce the amounts then owed from Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Mentor Corp /Mn/), Lease Agreement (Mentor Corp /Mn/)
Surrender. Tenant agrees on No act by Landlord shall be an acceptance of a surrender of the last day Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease Term, Term or on the sooner earlier termination of this LeaseTenant's right of possession, to Tenant shall surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal condition, broom clean, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted). All Tenant-Made Alterations, including without limitation: all interior walls cleaned; all tile floors cleanedthe initial Tenant Improvements to the Premises, all carpets cleaned and shampooed; all brokenshall, marredat Landlord’s option, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on remain upon the Premises (except moveable trade fixtures installed at the expense of and be surrendered without disturbance, molestation or damage. Should Landlord elect that any Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end -Made Alterations be removed upon expiration or termination of the term of this Lease whether Landlord desires Lease, Tenant hereby agrees to have the Premises or any part(s) thereof restored cause same to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease be removed at Tenant’s sole cost and expense. Tenant shallAny Trade Fixtures, on or before the termination of this Lease, remove all of Tenant’s personal property -Made Alterations and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on by Tenant as permitted or before required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the expiration or termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the condition and repair of the Premises. Notwithstanding the foregoing, Tenant, upon submitting its request to Landlord to make any Tenant-Made Alterations, including all or any portion of the initial Tenant Improvements pursuant to Exhibit C hereto, shall have the right to request therein that Landlord specify whether and to what extent Landlord will require Tenant to remove the Tenant-Made Alterations, for which consent is being sought, at or prior to the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole costTerm. If Tenant shall fail to request such information in its request to make any Tenant-Made Alterations, then all such Tenant-Made Alterations shall thereafter be subject to the Premises be not surrendered exercise of Landlord's rights to require removal of such Tenant-Made Alterations. If Tenant submits its request for such information in accordance with the foregoing provisions and Landlord consents to the Tenant-Made Alterations requested, Landlord shall, together with its consent, specify in writing whether and to what extent it will require Tenant to remove the Tenant-Made Alterations in question at or prior to the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereofLease Term, and acceptance by if Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect fails so to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Leasespecify, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, have no further obligation to remove the cloud or encumbrance created by this Lease from Tenant-Made Alterations which were the real property containing the Premisessubject of Tenant's request.
Appears in 1 contract
Sources: Lease Agreement (Systemax Inc)
Surrender. Tenant agrees on Section 21.01 On the last day of the Lease Term, Termination Date or on upon the sooner termination of this LeaseLease or upon any reentry by Landlord pursuant to Article 18 upon the Premises, to surrender Tenant shall, at its sole cost and expense, quit, surrender, vacate and deliver the Premises promptly and peaceably to Landlord “broom clean” and in good order, condition and repair (except for ordinary wear, tear and damage by Acts of God and normal wear and tear excepted)fire or other casualty, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements Tenant Improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed are not required to be removed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of Term by Tenant under Article 10 and Fixtures and any Tenant Improvements which Tenant has the option to remove but does not in fact remove (except as otherwise provided for in this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Lease). Tenant shall so restore said Premises or such part(s) thereof prior to remove from the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove Real Property all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed Property, all Tenant Improvements which are required to in writing by Landlord), and all property not so be removed on or before at the end of the term Term under Article 10 and all other personal property and personal effects of all persons claiming through or sooner under Tenant, and shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant’s Property or other personal property which shall remain in the Premises after the termination of this Lease shall be deemed to have been, abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any reasonable expense reasonably incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property shall be reimbursed to Landlord by Tenant and title as Additional Rent on demand.
Section 21.02 If the Termination Date or the date of earlier termination of this Lease falls on a day which is not a Business Day, then Tenant’s obligations under Section 21.01 shall be performed on or prior to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, the immediately preceding Business Day.
Section 21.03 If the Premises are not surrendered upon the termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify hereby indemnifies Landlord against loss or actual, direct liability to the extent resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or including any claims made by any succeeding tenant or prospective tenant founded on upon such delay. No act delay and any other loss, cost or conduct damage (consequential or otherwise) resulting therefrom, subject, however, to the provisions of Landlord, whether consisting Section 18.07.
Section 21.04 In the event Tenant remains in possession of the acceptance Premises after the termination of this Lease without Landlord’s consent or the execution of a new lease, Tenant, at the option of the keys to the Premises, or otherwiseLandlord, shall be deemed to be or constitute an acceptance occupying the Premises as a tenant at sufferance, at a per diem rental equal to two hundred (200%) percent of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, Annual Base Rent on a per diem basis; and acceptance by Landlord of surrender by Tenant shall only flow from be responsible for any and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work all direct damages Landlord actually incurs as a merger with respect to such Lease. At result thereof.
Section 21.05 Tenant’s obligation under this Article shall survive the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Sources: Lease Agreement (Carbonite Inc)
Surrender. Tenant agrees on 12.1. On the last day Expiration Date, or upon the earlier termination of the Lease TermSublease or of Subtenant’s right to possession of the Sublease Premises, or on Subtenant will at once surrender and deliver up the sooner termination of this LeaseSublease Premises, together with all improvements thereon, to surrender the Premises promptly and peaceably to Landlord Sublandlord in as good condition and repair (damage by Acts of God and normal as when delivered to Subtenant, reasonable wear and tear and casualty excepted). Conditions existing because of Subtenant’s failure to perform maintenance, including without limitation: repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and tear.” Subtenant shall surrender to Sublandlord all interior walls cleaned; keys to the Sublease Premises and make known to Sublandlord the combination of all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements combination locks which may have been made in, to, or Subtenant is permitted to leave on the Sublease Premises.
12.2. All Alterations in or upon the Sublease Premises (except moveable trade fixtures installed at made by Subtenant and not removed or required to be removed hereunder shall become a part of and shall remain upon the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before Sublease Premises upon such termination without compensation, allowance or credit to Subtenant. To the end of the term extent required pursuant to Section 10.2 of this Lease whether Landlord desires to have Sublease, Subtenant shall restore the Sublease Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the making of such Alterations and repair any damage occasioned by such removal or restoration. If Subtenant is permitted or required to remove any Alteration or a portion thereof, and Subtenant does not complete such removal in accordance with Section 10.2 and this Section 12.2, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, warehouse the same. Subtenant shall pay the costs of such removal, repair and warehousing, plus an administrative fee equal to ten percent (10%) of such costs, to Sublandlord on demand.
12.3. On the Expiration Date, or upon the earlier termination of this Lease at Tenantthe Sublease or of Subtenant’s sole cost right to possession of the Sublease Premises, Subtenant shall remove Subtenant’s articles of personal property incident to Subtenant’s business which are not permanently affixed to the Sublease Premises (collectively, “Trade Fixtures”); provided, however, that Subtenant shall repair any injury or damage to the Sublease Premises which may result from such removal, and expenseshall restore the Sublease Premises to the same condition as prior to the installation thereof. Tenant shall, If Subtenant does not remove Subtenant’s Trade Fixtures from the Sublease Premises on or before the Expiration Date or the earlier termination of this LeaseSubtenant’s right to possession, Sublandlord may, at its option, remove all of Tenant’s personal property and trade fixtures from the Premises same (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by occasioned thereby and restore the Sublease Premises as aforesaid) and dispose thereof or warehouse the same, and Subtenant shall pay the cost of such removal at Tenant’s sole cost. If the Premises be not surrendered at the end removal, repair, restoration or warehousing, plus as administrative fee equal to ten percent (10%) of the term such costs, to Sublandlord on demand, or sooner termination Sublandlord may treat said Trade Fixtures as having been conveyed to Sublandlord with this Sublease acting as a ▇▇▇▇ of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, includingSale therefor, without limitation, any loss of rent, damages further payment or any claims made credit by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys Sublandlord to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesSubtenant.
Appears in 1 contract
Surrender. Tenant agrees on the last day of the Lease Termshall, upon expiration or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good the same condition and repair as existed on the date Tenant originally took possession thereof (damage by Acts of God and normal reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant excepted), including without limitation: ) with all interior walls cleaned; , all tile floors interior painted surfaces repainted in the original color, if necessary, all holes in walls repaired, all carpets shampooed and cleaned, all carpets HVAC equipment servicing only the Premises in operating order and in good repair, and all floors cleaned and shampooed; waxed, all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; to the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement reasonable satisfaction of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Landlord. Tenant shall ascertain from at such time also surrender to Landlord within thirty such alterations (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Premises) as Landlord does not require Tenant to remove in accordance with Paragraph 7.6 above. Tenant’s sole cost and expense. Tenant shall, on or before the expiration or sooner termination of this Lease, shall remove all of Tenant’s its personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord)Premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant. Tenant and title to same shall thereupon (at Landlord’s option) pass be liable to Landlord without compensation to Tenant. Landlord may, upon termination for costs of this Lease, remove, store, retain and/or sell all moveable personal property and removal of any such abandoned trade fixtures so abandoned by or equipment of Tenant, at Tenant’s sole costor of any alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the Premises to its condition as of the date Tenant originally took possession thereof, and repair any damage caused by the transportation and storage costs of such removal at Tenant’s sole costitems. If the Premises be are not so surrendered at the end of the term expiration or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, including without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. No act or conduct of Landlord, whether consisting of the acceptance of the All keys to the Premises, Premises or otherwise, any part thereof shall be deemed surrendered to be Landlord upon expiration or constitute an acceptance sooner termination of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesterm.
Appears in 1 contract
Sources: Industrial R&d Lease (Nextcard Inc)
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After Upon the expiration or earlier termination of this LeaseSublease, Tenant or --------- upon the termination of Subtenant's right to possession of all or any part of the PBOS Licensed/Subleased Area, Subtenant shall execute, acknowledge at once surrender and deliver up the PBOS Licensed/Subleased Area, together with all improvements thereon and Alterations thereto, to LandlordSublandlord in good condition and repair, within ten (10) days after written demand from reasonable wear and tear excepted, and in any event in at least the condition required under the Prime Lease. Subtenant shall surrender to Sublandlord all keys to any part of the Prime Premises and make known to Sublandlord the combination of all combination locks that Subtenant is permitted to leave on the PBOS Licensed/Subleased Area. All Alterations in or upon the Subleased Premises made by Subtenant shall become a part of and shall remain upon the Subleased Premises upon such termination without compensation, allowance or credit to Subtenant. Subtenant shall also remove any improvements to the Premises, or portions thereof, that Prime Landlord may require Sublandlord to Tenantremove pursuant to the terms of the Prime Lease. Further, Subtenant shall remove any quitclaim deed telephone, computer or other document required by any reputable title company, licensed to operate similar cabling or wiring installed in the State Building by or on behalf of CaliforniaSubtenant. Subtenant shall restore the Subleased Premises to their condition prior to the making of such Alteration, repairing any damage occasioned by such removal or restoration to Sublandlord's satisfaction on or prior to the end of the Term. If Sublandlord or Prime Landlord requires removal of any improvements to the Premises, or portions thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove the cloud same (and repair any damage occasioned thereby), and dispose thereof, or encumbrance created by this Lease from at its election, warehouse the real property containing same. Subtenant shall pay the Premisescosts of such removal, repair and warehousing on demand.
Appears in 1 contract
Sources: Sublease and License Agreement (Pitney Bowes Office Systems Inc)
Surrender. Tenant agrees on the last day of the Lease Term, (a) The expiration or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement Agreement shall not relieve Lessee of any burned out discolored liabilities or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements obligations hereunder which may shall have been made in, to, accrued on or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the effective Termination Date of this Agreement or earlier termination as provided for herein.
(b) Upon the expiration or termination of this Lease at Tenant’s sole cost Agreement, Lessee shall cease forthwith all operations upon the Premises, immediately vacate the Premises and expensepay in full all fees and other amounts payable to County as set forth in this Agreement, then due and owing. Tenant shallLessee shall be responsible for vacating all subtenants, on holdovers or before the termination of this Leaseother occupants, remove all of Tenant’s personal property and trade fixtures legal or otherwise from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this LeaseAgreement.
(c) Upon the expiration of the Term or earlier termination as provided for in this Agreement, Tenant ▇▇▇▇▇▇ agrees to surrender possession of the Premises in the condition required under Section 11. All maintenance and repairs shall executebe completed prior to surrender, acknowledge and if applicable, the Aircraft Fuel Farm Facility and wash rack shall be removed prior to surrender. The Lessee shall deliver to Landlord, within ten (10) days after written demand from Landlord the County all keys to Tenant, any quitclaim deed or other document the Premises upon surrender. The Lessee shall at its expense take all actions required by any reputable title companyfederal, licensed to operate in state and County laws, rules and regulations, as well as all the State terms and conditions of Californiathis Agreement, to remove the cloud or encumbrance created by this Lease from the real property containing Premises any hazardous substances or other Materials, whether stored in drums, or found in vats, containers, distribution pipe lines, or the like or discharged into the ground.
(d) Lessee shall have the right at any time during the term of this Agreement to remove any furnishings, trade fixtures or equipment it has installed in, on or about the Premises, subject to any lien the County may have thereon for unpaid fees, charges, or other amounts payable under this Agreement, and provided that Lessee shall restore any damage to the Premises, and the Premises shall be returned to the County in the same condition as defined above. Any property not removed by ▇▇▇▇▇▇ immediately upon the expiration or termination of this Agreement shall become part of the Premises and title thereto shall vest in County and any cost incurred by County in removing same shall be reimbursed to County by ▇▇▇▇▇▇.
(e) In the event Lessee fails to surrender the Premises in the above required condition or has failed to complete any of the obligations due under this Agreement or any future amendments thereto, County shall not be obligated to accept ▇▇▇▇▇▇'s surrender of the Premises until same have been satisfied. During the period of time from the date of the termination or expiration of the Lease and until the County is satisfied, in its sole discretion, with ▇▇▇▇▇▇'s surrender of the Premises and County reduces its acceptance of surrender to writing as provided for in Section 22 below, the Lessee shall be considered a holdover tenant under the terms set forth in Subsection 35(b) herein.
Appears in 1 contract
Sources: Lease Agreement
Surrender. Tenant agrees on the last day On expiration or ten (10) days after termination of the Lease Term, or on the sooner termination of this Lease, to Tenant shall surrender the Premises promptly and peaceably all Tenant’s Improvements and alterations to Landlord broom clean and in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that condition. Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s its trade fixtures and personal property, which personal property and trade fixtures from specifically includes all cabling installed in the Premises by Tenant (unless otherwise agreed to Tenant has received consent from Landlord that such cabling may be surrendered with and remain in writing by Landlordthe Premises), and all property not so removed on or before within the end of the term or sooner termination of time period stated in this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to TenantSection. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole its cost, shall perform all restoration made necessary by, and repair any damage to the Premises caused by such by, the removal of its trade fixtures, personal property and signs to Landlord’s reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant’s sole cost. If trade fixtures or personal property that Tenant does not remove from the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord’s retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord’s reasonable costs for storing, removing and disposing of Tenant’s trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in an amount equal to 150% of the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of the Term, or the amount provided by law, whichever is greater, for the entire time Tenant thus remains in possession and Tenant shall be liable for, shall indemnify Landlord against and shall hold Landlord harmless from all damages resulting from Tenant’s failure to timely surrender the Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and (ii) Landlord’s damages resulting from such prospective tenant rescinding or refusing to enter into the prospective lease of part or all of the Premises by reason of Tenant’s failure to timely surrender the Premises. If Tenant, without Landlord’s prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to TenantTenant terminating this Lease, such possession by Tenant shall be deemed to be a tenancy at sufferance terminable at any quitclaim deed or other document required time by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premiseseither party.
Appears in 1 contract
Sources: Lease Amendment (iVOW, Inc.)
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After Upon the expiration or earlier termination of this Lease, whether by forfeiture, lapse of time, or otherwise, or upon the termination of Tenant's right to possession of the Premises, Tenant will surrender and deliver up the Premises to Landlord in good clean order and repair and in the condition when delivered to Tenant under this Lease, reasonable ordinary wear and tear and loss by fire or other casualty excepted. Tenant shall executemake good and repair all damages to the Premises as shall be caused by Tenant. At such time, acknowledge Tenant shall deliver all keys to the Premises, including all internal keys. All Tenant Additions will, following the expiration or termination of this Lease, remain in the Premises as Landlord’s property unless Landlord directs Tenant to remove all or any portion of same whereupon Tenant agrees that it shall, at its expense, remove such Tenant Additions (or portion thereof directed by Landlord) and deliver repair and damage caused by the removal at its expense. Provided Tenant is not in default, it will remove its Trade Fixtures, inventory, and other personal property upon the Lease Term. If Tenant is in default, it shall remove its Trade Fixtures only if specifically directed to do so in writing by Landlord. Tenant shall repair any damage to the Premises caused by the installation or removal of such Tenant Additions, within ten Trade Fixtures, or other improvements or equipment, along with damage to the Premises caused by Tenant’s use of the Premises. Further, Tenant will repair any penetrations it has made to the walls, slab, roof or structure in a manner and to comply with the specifications imposed by Landlord along with any damage caused by such installation or removal by Tenant. Anchor bolts installed in the foundation will be cored out and filled with epoxy to the standards required by Landlord. Foundation and flooring damage caused by any use by Tenant will be repaired or replaced by Tenant. In no event will any Building Systems, fire sprinklers, fire suppression equipment, EVAP or HVAC system units, equipment or components, floor tiles, carpeting, ceiling tiles, plumbing fixtures, or similar building system items or any equipment or fixtures attached to the realty be considered "Trade Fixtures" or be removed unless directed by Landlord in writing to do so. Tenant agrees that following an Event of Default, Landlord may, at its option, allow any party claiming to be a lessor of Tenant to remove equipment, Trade Fixtures, and similar items leased from such lessor. Landlord shall have no liability to Tenant therefor. Landlord may condition its consent upon such lessor agreeing to repair any damage to the Premises caused by such removal and providing adequate financial assurances of its ability to pay for any such damages; provided, however, no such agreement, or Landlord’s failure to obtain such an agreement, shall relieve Tenant of its obligations hereunder including without limitation, Tenant’s obligation to repair said damage. Tenant shall also properly remove all Hazardous Materials from the Premises and placed on the Project by Tenant. Any Trade Fixtures or Tenant Additions not removed by Tenant as required herein shall be deemed abandoned and may be stored, removed and disposed of by Landlord at Tenant's expense, and TENANT WAIVES ALL CLAIMS AGAINST LANDLORD FOR ANY DAMAGES RESULTING FROM LANDLORD'S RETENTION OR DISPOSAL OF SAME. Tenant shall be entitled to no payment or offset for the value of any such property (10even if sold by Landlord) days after written and shall pay on demand from all costs incurred by Landlord in connection with such removal or disposal. No retention, disposal or sale of such items shall limit remedies otherwise available to Landlord hereunder for a breach by Tenant. Moreover, any quitclaim deed period following the termination or other document required by any reputable title company, licensed to operate in the State expiration of California, to remove the cloud or encumbrance created by this Lease from during which there is Hazardous Material, Tenant Alterations or Trade Fixtures which are not removed as herein required or when other repairs or conditions to surrender are not completed, shall be considered a holdover by Tenant and, in addition to all other remedies available to Landlord hereunder, shall obligate Tenant to the real property containing increased rental payments pursuant to Paragraph 22 below. All obligations of Tenant hereunder not full performed as of the Premisestermination or expiration of this Lease shall survive such termination or expiration.
Appears in 1 contract
Sources: Lease Agreement (Precision Optics Corporation, Inc.)
Surrender. On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to shall peaceably surrender the Demised Premises promptly and peaceably to Landlord in good order, condition and repair (damage by Acts of God and normal reasonable wear and tear and insured and condemnation damage excepted); warehouse area in broomclean condition; office/restroom area vacuumed and cleaned. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, including without limitation: Tenant shall, at its expense, remove all interior walls cleaned; trade fixtures, personal property and equipment and signs from the Demised Premises and any property not removed shall be deemed to have been abandoned. It is specifically agreed that any and all tile floors cleanedtelephonic, all carpets cleaned coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring installed by Tenant within the Demised Premises (hereinafter “Tenant Wiring”) shall be removed at Tenant’s cost at the expiration of the Term, unless Landlord has specifically requested in writing that said Tenant Wiring shall remain, whereupon said Tenant Wiring shall be surrendered with the Demised Premises as Landlord’s property. Any damage caused in the removal of such items shall be repaired by Tenant and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all at its expense. All alterations, additions, improvements and improvements fixtures (other than trade fixtures) which may shall have been made inor installed by Landlord or Tenant upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, towithout disturbance, molestation or on the Premises (except moveable trade fixtures installed injury, and without charge, at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises expiration or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair except any damage caused by such removal at Tenant’s sole costitems identified under Article 14.0 hereof. If the Demised Premises be are not surrendered at on the end Expiration Date or the date of the term or sooner termination of this Leasetermination, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premisesliability, includingclaims, without limitation, any loss of rent, damages or any claims made by any succeeding tenant Tenant founded on such delay. No act or conduct Tenant shall promptly surrender all keys for the Demised Premises to Landlord at the place then fixed for payment of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, rent and shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by inform Landlord of surrender by Tenant shall only flow from combinations of any locks and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of safes on the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Demised Premises.
Appears in 1 contract
Surrender.
22.1 Tenant agrees shall on the last day of the Lease Term, Term or on the sooner termination of this Lease, to Lease peaceably and quietly surrender the Premises promptly and peaceably yield up to Landlord the entire Premises including any Work, free and clear of all letting, subleases, occupancies, security agreements, liens or encumbrances (excepting only those which Landlord has specifically consented to remain in effect following the expiration of the Lease Term) in good condition order and repair (damage by Acts of God and normal condition, reasonable wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, subject to the provisions of Articles 17 and 18 hereof.
22.2 On the last day of the Lease Term or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end date of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, provided no Event of Default by Tenant then exists, Tenant shall have the right to remove its movable personal property (but excluding the personal property of Landlord leased to Tenant pursuant to this Lease) and trade fixtures provided Tenant repairs any damage to the Premises resulting from the removal of same. Any property not removed by Tenant prior to the expiration of the Lease Term shall be deemed abandoned and may be appropriated, sold, destroyed or otherwise disposed of by Landlord without Notice to Tenant and without obligation to account therefor and Tenant shall pay to Landlord upon demand all costs and actual out-of- pocket third party costs and expenses incurred by Landlord in removing, storing or disposing of same and in restoring the Premises.
22.3 If any subtenant of Tenant or anyone holding by, through, or under Tenant should fail to surrender possession of the Premises or any part thereof at the expiration or earlier termination of the Lease Term, the same shall constitute a "holding over" by Tenant.
22.4 Tenant agrees it shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from the delay by Tenant in so surrendering the PremisesPremises upon expiration or sooner termination of the Lease Term, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act , but excluding any delays arising from the gross negligence or conduct willful misconduct of Landlord. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender the Premises will be substantial, whether consisting will exceed the amount of the acceptance monthly Annual Rent and Additional Rent theretofore payable hereunder, and will be impossible of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender accurate measurement. Tenant therefore agrees that if possession of the Premises by Tenant prior is not surrendered to Landlord within two (2) days after the date of the expiration or sooner termination of the Term hereofLease Term, then Tenant will pay Landlord as liquidated damages (i) for each of the first two (2) months during which Tenant holds over in the Premises after expiration or sooner termination of the Lease Term, a sum equal to one and one- half (1 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or termination of the Lease Term, and acceptance by Landlord of surrender by (ii) for the period thereafter during which Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender holds over in the Premises after expiration or sooner termination of the Premises by Tenant or Lease Term, a mutual cancellation of sum per month equal to two and one-half (2 1/2) times the average Annual Rent and Additional Rent which was payable per month (prorated from the quarterly payment) under this Lease during the six (6) month period preceding such expiration or termination of the Lease Term.
22.5 Tenant's obligations under this Article 22 shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After survive the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Sources: Plaza Lease
Surrender. Tenant agrees on Effective as of June 15, 1998 (the last day "Surrender Date"), Interactive and Sublandlord each hereby surrenders, and Landlord and Sublandlord hereby accepts the surrender of, the Surrender Space under the Original Lease, the Interactive Prime Lease and the Interactive Sublease, as applicable. Landlord also accepts the surrender of the Lease TermSurrendered Parking Spaces in accordance with the provisions of Section 10 hereof. Except for any obligations expressly set forth herein, or on Interactive, Sublandlord and Landlord hereby release each other as of the sooner termination of this Surrender Date from and against any liability arising under the Original Lease, the Interactive Sublease and the Interactive Prime Lease relating to surrender the Premises promptly Surrender Space which accrues after the Surrender Date, but not for any liabilities that exist as of the Surrender Date and peaceably not for any liability with respect to space subject to the Original Lease, the Interactive Sublease or the Interactive Prime Lease other than the Surrender Space. In connection with such surrender:
(a) Landlord and Sublandlord agree that, effective upon the Commencement Date of the Federal Lease, the Base Rent otherwise owing each month under the Original Lease shall be reduced by $13,618.13 and that Tenant's Pro Rata Share of Operating Expenses and Taxes shall be appropriately reduced to reflect such surrender.
(b) Sublandlord and Interactive agree that, effective upon the Commencement Date of the Federal Lease, the Base Rent otherwise owing each month under the Interactive Sublease shall be reduced by $15,131.25 and all other obligations of Interactive under the Interactive Sublease shall be appropriately reduced to reflect such surrender.
(c) Landlord and Interactive agree that, effective November 1, 1998, but in good condition and repair (damage no event earlier than the Commencement Date under the Federal Lease, the Base Rent otherwise owing each month under the Interactive Prime Lease, after increase pursuant to Rider Three of the Interactive Prime Lease, shall be reduced by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced$17,653.13; the plumbingTenant's Pro Rata Share of Taxes and Operating Expenses, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end after increase pursuant to Rider Three of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Interactive Prime Lease, remove all shall be appropriately reduced to reflect such surrender; and any other obligations of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed Landlord pursuant to in writing by Landlord), and all property not so removed on or before the end Rider Three of the term or sooner termination Interactive Prime Lease shall be appropriately reduced to reflect such surrender. In addition, each of this the Original Lease, the Interactive Sublease and the Interactive Prime Lease shall be deemed abandoned by Tenant terminated with respect to, but only with respect to, the Surrender Space and, except as specifically provided herein, the Sublandlord and title Interactive shall fully comply with all obligations of such entity that apply to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, such Surrender Space upon the termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.existing
Appears in 1 contract
Sources: Sublease Agreement (Interactive Flight Technologies Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant agrees on the last day shall return possession of the Lease TermPremises to Landlord in good condition, except for ordinary wear and tear, and except for casualty damage or on other conditions that Tenant is not required to remedy under this Lease. Prior to the sooner expiration or termination of this Lease, and subject to surrender Section 12 above, Tenant shall remove from the Property all furniture, trade fixtures and equipment, wiring and cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises promptly and peaceably to Landlord in good the condition and repair required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(damage by Acts b) If Tenant remains in possession of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at after the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises expiration or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless otherwise agreed to in writing by Landlordclearly inapplicable), and all property not so removed on or before except that the end Monthly Rent shall be one hundred fifty percent (150%) of the term Monthly Rent payable for the last full month immediately preceding the holdover for the first two (2) months of holdover and double the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or sooner payment by Tenant after the expiration or termination of this Lease shall be deemed abandoned by Tenant and title operate to same shall thereupon (at Landlord’s option) pass to extend the Term or prevent Landlord without compensation to Tenant. Landlord may, upon termination from immediate recovery of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender possession of the Premises by Tenant prior summary proceedings or otherwise. Any provision in this Lease to the expiration of the Term hereofcontrary notwithstanding, and acceptance by Landlord of surrender any holdover by Tenant shall only flow from and must be evidenced by constitute a written acknowledgment default on the part of acceptance of surrender signed by Landlord. The voluntary surrender Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the Premises by remedies available to Landlord in the event of a Tenant or default, and Tenant shall be liable for all damages, including consequential damages (to the extent that a mutual cancellation of this Lease shall not work holdover lasts more than two (2) months), that Landlord suffers as a merger with respect to such Lease. At result of the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesholdover.
Appears in 1 contract
Surrender. On the Expiration Date, Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, shall surrender to surrender Landlord the Premises promptly and peaceably all Alterations (except for Alterations that Tenant is obligated to Landlord remove as expressly set forth above) in a good condition and repair (damage by Acts of God and condition, less any normal wear and tear excepted)tear, free of trash and debris including cleaning of all flooring; all walls shall be patched and painted, subject to normal wear and tear; all signage installed by Tenant on any portion of the Buildings or Project shall be removed and the surfaces repaired, including without limitation: all interior walls cleanedrestoration of the signage mounting surfaces to their pre-existing condition; all tile floors cleanedsign circuits, all carpets cleaned electrical circuits, and shampooedlighting fixtures shall be in good operating condition; all brokenroof penetrations arising from Tenant's occupancy of the Premises shall be in a watertight condition; and all doors, marredwindows, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additionslocks, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant hardware shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original be in operable condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before upon the termination of this Lease. Tenant shall additionally, as of the Expiration Date, remove all of Tenant’s personal property 's Personal Property and trade fixtures perform all repairs and restoration required by the removal of any Alterations or Tenant's Personal Property, and Tenant shall surrender to Landlord all keys to the Premises (including without limitation any keys to any exterior or interior doors). Landlord may elect to retain or dispose of in any manner any Alterations or Tenant's Personal Property that Tenant does not remove from the Premises (unless otherwise agreed to in writing on the Expiration Date as required by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation giving written notice to Tenant. Any such Alterations or Tenant's Personal Property that Landlord may, elects to retain or dispose of shall immediately upon termination of this Lease, remove, store, retain and/or sell notice to Tenant vest in Landlord. Tenant waives all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair claims against Landlord for any damage caused by to Tenant resulting from Landlord's retention or disposition of any such removal at Alterations or Tenant’s sole cost's Personal Property. If Tenant will be liable to Landlord for Landlord's costs for storing, removing (including related restoration work), or disposing of any such Alterations or Tenant's Personal Property. Subject to the provisions of Paragraph 24.2, below, if Tenant fails to surrender the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After on the expiration or earlier termination of Expiration Date in the condition required by this LeaseParagraph, Tenant shall executeindemnify, acknowledge defend, and deliver to Landlordhold Landlord harmless from and against all liabilities, within ten (10) days after written demand damages, losses, costs, expenses, attorneys' fees, and claims resulting from Landlord to Tenantsuch failure, including without limitation any quitclaim deed or other document required claim for damages made by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesa succeeding tenant.
Appears in 1 contract
Sources: Modified Gross Office Lease (Bridgepoint Education Inc)
Surrender. Tenant agrees on the last day On expiration or ten (10) days after termination of the Lease Term, or on the sooner termination of this Lease, to Tenant shall surrender the Premises promptly and peaceably all Tenant's improvements and alterations to Landlord broom clean and in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that condition. Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s its trade fixtures and personal property and trade fixtures from within the Premises (unless otherwise agreed to time period stated in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to TenantSection. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole its cost, shall perform all restoration made necessary by, and repair any damage caused by such removal at Tenant’s sole cost. If to the Premises be caused by, the removal of its trade fixtures, personal property and signs to Landlord's reasonable satisfaction within the time period stated in this Section. Landlord may, at its election, retain or dispose of in any manner any of Tenant's trade fixtures or personal property that Tenant does not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting remove from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded Premises on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand termination of the Term as allowed or required by the provisions of this Lease by giving ten (10) days notice to Tenant. Title to any such trade fixtures and personal property that Landlord elects to retain or dispose of on expiration of such ten (10) day period shall vest in Landlord. Tenant waives all claims against Landlord for any damage to Tenant resulting from Landlord's retention or disposition of any such trade fixtures and personal property. Tenant shall be liable to Landlord for Landlord's costs for storing, removing and disposing of Tenant's trade fixtures and personal property. If Tenant fails to surrender the Premises to Landlord on expiration or ten (10) days after termination of the Term as required by this Section, Tenant shall pay Landlord Rent in an amount equal to one and one-half (1-1/2) times the Minimum Monthly Rent applicable for the month immediately prior to the expiration or termination of the Term for the entire time Tenant thus remains in possession and Tenant shall hold Landlord harmless from all damages resulting from Tenant's failure to timely surrender the Premises, including without limitation, (i) any Rent payable by, or any damages claimed by, any prospective tenant of any part or all of the Premises, and (ii) Landlord's damages resulting from such prospective tenant rescinding or refusing to enter into the prospective lease of part or all of the Premises by reason of Tenant's failure to timely surrender the Premises. If Tenant, without Landlord's prior consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by Landlord to TenantTenant terminating this Lease, such possession by Tenant shall be deemed to be a tenancy at sufferance terminable at any quitclaim deed or other document required time by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premiseseither party.
Appears in 1 contract
Sources: Office Lease (Amazon Com Inc)
Surrender. Tenant agrees on 19.01. At the last day of the Lease Term, expiration or on the sooner termination of this Leasethe Term, to Tenant shall surrender the Premises promptly and peaceably to Landlord the Demised Premises vacant, broom clean and in good condition order and repair (and safe condition, reasonable wear and tear, damage by Acts of God casualty and normal wear any repairs that Tenant is not required to make, excepted. All Alterations shall remain upon and tear exceptedbe surrendered with the Demised Premises, unless Landlord shall elect to require Tenant to remove any Alterations and restore the Demised Premises to substantially their condition at the Commencement Date. Tenant’s obligation to restore shall include any requirements imposed by Landlord’s consent to Tenant’s alteration request (Article 25). All furniture, furnishings and trade fixtures, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned murals, carpets, rugs, business machines and shampooed; all brokenequipment, marred, stained apparatus and any other movable property installed by Tenant or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned removed by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at shall be repaired by Tenant’s sole cost. If Any property of Tenant which remains in the Demised Premises after the expiration of the Term shall be not surrendered deemed to have been abandoned by Tenant and may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit at the end expense of Tenant.
19.02. In the event Tenant fails to timely surrender the Demised Premises as provided in Section 19.01, Tenant, at the option of Landlord, shall be deemed to be occupying the Demised Premises as a tenant from month to month, at a monthly Rent equal to one and a half (1.5) times the Rent payable by Tenant in the last month of the term or sooner termination of this Lease, then Term. Tenant shall agrees to indemnify Landlord against loss or liability resulting from all charges, costs, fees, expenses, claims and damages incurred by Landlord as a result of Tenant’s failure to timely surrender the delay by Tenant Demised Premises as provided in so surrendering the PremisesSection 19.01, including, without limitation, any loss of rent, damages or any claims made by any a succeeding or prospective tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant agrees on the last day shall return possession of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal condition, except for ordinary wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additionstear, and improvements which may have been made inexcept for casualty damage, to, condemnation damage or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided other conditions that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires is not required to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of remedy under this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior Prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall executeremove from the Premises all furniture, acknowledge trade fixtures, equipment, wiring and deliver cabling (unless Landlord and Tenant agree otherwise) and all other personal property installed by Tenant or its assignees or subtenants, (unless Landlord directs Tenant otherwise). Tenant shall repair any damage resulting from such removal and shall restore the Premises to good order and condition, subject to ordinary wear and tear, casualty damage and condemnation damage. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, within ten (10) days after written demand from at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall reimburse Landlord all actual and reasonable expenses incurred by Landlord to Tenantcause the Premises to be in the condition required hereunder. Notwithstanding anything in this Lease to the contrary, in no event shall Tenant be required to remove any Tenant Improvements or Tenant Requested Optional Improvements (including, without limitation, any quitclaim deed roof deck).
(b) If Tenant remains in possession of the Premises after the expiration or other document required termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that for the first month of any holdover, the Monthly Rent shall be 125% of the Monthly Rent payable for the last full month immediately preceding the holdover, and thereafter, the Monthly Rent shall be 150% of the Monthly Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any reputable title companyholdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, licensed without obligation to operate provide Tenant any notice or cure period, all of the remedies available to Landlord in the State event of Californiaa Tenant default, to remove and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the cloud or encumbrance created by this Lease holdover. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages arising from its holdover except if Tenant holds over in the real property containing the PremisesPremises for more than sixty (60) days.
Appears in 1 contract
Sources: Lease Agreement (INSMED Inc)
Surrender. Tenant agrees on 10.1 On the last day Expiration Date, or upon the earlier termination of the Lease TermSublease or of Subtenant’s right to possession of the Premises, or on Subtenant must at once surrender and deliver up the sooner termination of this LeasePremises, together with all improvements thereon, to surrender the Premises promptly and peaceably to Landlord Sublandlord in good condition and repair (damage by Acts of God and normal repair, reasonable wear and tear excepted); conditions existing because of Subtenant’s failure to perform maintenance, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained repairs or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement replacements as required of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of Subtenant under this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property Sublease will not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant “reasonable wear and title to same tear.”
10.2 Subtenant shall thereupon (remove at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of the Term any Subtenant Alterations that Master Landlord requires be removed from the Premises and restore the Premises to the condition existing on the Commencement Date, or such earlier date that the Premises were delivered to Subtenant, and shall repair any and all damage to the Premises resulting from the removal of Subtenant’s Property therefrom and shall remove Subtenant’s articles of personal property and fixtures incident to Subtenant’s business (“Subtenant’s Property”) therefrom. All other Subtenant Alterations in or upon the Premises made by Subtenant will become a part of and will remain upon the Premises upon such termination without compensation, allowance or credit to Subtenant. Subtenant shall repair any damage occasioned by such removal of the Subtenant Alterations or Subtenant’s Property, which obligation will survive termination of this LeaseSublease. If Master Landlord requires removal of any Subtenant Alterations, Tenant or a portion thereof, and Subtenant does not remove such, or Subtenant does not remove Subtenant’s Property from the Premises on or before the Expiration Date or the earlier termination of this Sublease, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, remove and/or store the same. Subtenant shall executepay the reasonable costs of such removal, acknowledge repair and/or storage on demand, and/or Sublandlord may treat any Subtenant’s Property as having been conveyed to Sublandlord with this Sublease acting as a ▇▇▇▇ of sale therefor, without further payment or credit by Sublandlord to Subtenant.
10.3 Subtenant will not be required to remove any alterations or improvements made by Sublandlord. If Sublandlord is required under the Master Lease to remove any such alterations or improvements, Subtenant must permit Sublandlord to enter the Premises for a reasonable period of time, subject to such conditions as Subtenant may reasonably impose, for the purpose of removing such alterations and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document improvements and restoring the Premises as required by any reputable title companythe Master Lease.
10.4 At the end of the Term of this Sublease, licensed unless Subtenant has entered into a direct lease with Master Landlord covering the Premises to operate in commence immediately following the State expiration or earlier termination of Californiathe Sublease, Subtenant must surrender to remove Sublandlord all keys to the cloud or encumbrance created by this Lease from Premises and make known to Sublandlord the real property containing combination of all combination locks that Subtenant is permitted to leave on the Premises.
Appears in 1 contract
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, peaceably surrender the Leased Premises, including the Tenant Improvement Work and Tenant's improvements and/or alterations installed pursuant to Article 7, in a janitorial clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall executeabandon, acknowledge vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and deliver fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, elect to remove all or any part of such personal property from the Leased Premises, and the reasonable costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within ten (10) 30 days after receipt of Landlord's statement. Upon the expiration or-earlier termination of this Lease, Tenant shall surrender to Landlord all keys to the Leased Premises and shall inform Landlord of the combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article shall survive the expiration or earlier termination of this Lease. Tenant shall give written demand from notice to Landlord at least 30 days prior to vacating the Leased Premises for the express purpose of arranging a meeting with Landlord for a joint inspection of the Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, any quitclaim deed Landlord's inspection at or other document required by any reputable title company, licensed to operate in after Tenant's vacation of the State Leased Premises shall be conclusively deemed correct for purposes of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesdetermining Tenant's liability for repairs and restoration hereunder. 16.
Appears in 1 contract
Sources: Lease Agreement (Suntek Corp)
Surrender. Tenant agrees on the last day of the Lease Termshall, upon expiration or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably premises to Landlord in good the same condition and repair as existed on the date Tenant originally took possession thereof (damage by Acts of God and normal reasonable wear and tear and losses due to casualty and condemnation excepted), including without limitation: ) with all interior walls cleaned; , all tile floors holes in walls repaired, all carpets cleaned, all carpets HVAC equipment in operating order and in good repair, and all floors cleaned and shampooed; waxed, all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; to the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement reasonable satisfaction of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Landlord. Tenant shall ascertain from at such time also surrender to Landlord within thirty such alterations (30) days before the end of the term of this Lease whether as defined in paragraph 8) as Landlord desires does not require Tenant to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to remove in accordance with paragraph 8.6 above. Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the expiration or sooner termination of this Lease, shall remove all of Tenant’s its personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord)premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant. Tenant and title to same shall thereupon (at Landlord’s option) pass be liable to Landlord without compensation to Tenant. Landlord may, upon termination for costs of this Lease, remove, store, retain and/or sell all moveable personal property and removal of any such abandoned trade fixtures so abandoned by or equipment of Tenant, at Tenant’s sole costor of any alterations Tenant fails to remove if so required by Landlord, together with the cost of returning the premises to its condition as of the date Tenant originally took possession thereof, and repair any damage caused by the transportation and storage costs of such removal at Tenant’s sole costitems. If the Premises be premises are not so surrendered at the end of the term expiration or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premisespremises, including, including without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and attorneys' fees and costs. No act or conduct of Landlord, whether consisting of the acceptance of the All keys to the Premises, premises or otherwise, any part thereof shall be deemed surrendered to be Landlord upon expiration or constitute an acceptance sooner termination of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premiseslease term.
Appears in 1 contract
Surrender. Tenant agrees on Upon the last day of the Lease Term, expiration or on the sooner earlier termination of --------- this LeaseLease for any reason, to Tenant shall surrender the Premises promptly and peaceably to Landlord in good its condition and repair (damage by Acts existing as of God and the Commencement Date, normal wear and tear and damage by fire or other casualty or condemnation excepted), including without limitation: with all interior walls cleaned; all tile floors cleanedcleaned and repaired, if marked or damaged, all carpets cleaned and vacuumed (but not shampooed; ), all broken, marred, stained marred or nonconforming acoustical ceiling tiles replaced; , all windows washed, the plumbing, electrical, lighting, fire sprinkler plumbing and other electrical systems left and lighting in good working order and repair, including replacement of any burned out discolored or broken light bulbsbulb or ballasts, ballasts the HVAC equipment serviced and lenses; together with all alterations, additionsrepaired by a reputable and licensed service firm acceptable to Landlord, and improvements which may have been made inall tiled (but not concrete) floors cleaned, to, or on all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises (except moveable all Tenant?s trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires and personal property as required herein, and those alterations required to have be removed pursuant to Section 5.E., and restore the Premises or any part(s) thereof restored to its condition prior to their original condition and configuration as when the Premises was delivered installation. If Tenant fails to remove any alterations and/or Tenant's trade fixtures, personal property, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before failure continues after the termination of this Lease, remove Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant’s 's account. Tenant shall be liable to Landlord for the reasonable costs of removal of any such alterations and Tenant's personal property and trade fixtures the reasonable storage and transportation costs of the same, and the reasonable cost of repairing and restoring the Premises, together with interest at the interest rate from the Premises (unless otherwise agreed to in writing date of expenditure by Landlord), and all property . If the Premises are not so removed on or before surrendered at the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against all loss or liability liability, including attorneys' fees and costs, resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on unless such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed delay is solely caused by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises's actions.
Appears in 1 contract
Sources: Lease (Navisite Inc)
Surrender. Tenant agrees on At the last day of the Lease Term, expiration or on the sooner earlier termination of this LeaseLease or Tenant’s right of possession, to Tenant shall remove Tenant’s Removable Property from the Premises, and quit and surrender the Premises promptly to Landlord, broom clean, and peaceably to Landlord in good the same order, condition and repair (damage by Acts of God and normal as when received, ordinary wear and tear tear, casualty and damage caused by Landlord excepted). Notwithstanding the foregoing, including without limitation: all interior walls cleaned; all tile floors cleanedLandlord may , all carpets cleaned in Landlord’s sole discretion and shampooed; all brokenat no cost to Landlord, marred, stained require Tenant to leave any Special Installations or nonconforming acoustical ceiling tiles replaced; other Tenant Alterations in the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of Premises. If Tenant fails to remove any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that ’s Removable Property (other than Special Installations or other Tenant shall ascertain from Alterations which Landlord has designated to remain in the Premises) within thirty two (302) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to after the termination of this Lease or of Tenant’s right to possession, Landlord, at Tenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Removable Property. Tenant shallLandlord shall not be responsible for the value, on preservation or before the termination of this Lease, remove all safekeeping of Tenant’s personal property Removable Property. Tenant shall pay Land lord, upon demand, the expenses and trade fixtures storage charges incurred for Tenant’s Removable Property. In addition, if Tenant fails to remove Tenant’s Removable Property from the Premises (unless otherwise agreed or storage, as the case may be, Landlord may deem all or any part of Tenant’s Removable Property to in writing by Landlord)be abandoned, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair Removable Property (except with respect to any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, Hazardous Materials) shall be deemed to be immediately vested in Landlord. Except for Special Installations or constitute an acceptance of other Tenant Alterations designated by Landlord to remain in the surrender of the Premises Premises, Tenant’s Removable Property shall be removed by Tenant prior to before the expiration of the Term hereof, and acceptance by Landlord of surrender by Expiration Date. Tenant shall only flow from and repair damage caused by the installation or removal of Tenant’s Removable Property. Notwithstanding the foregoing, if at the time Tenant requests the consent of Landlord to install Special Installations or other Tenant Alterations, Tenant requests Landlord to notify it whether such Special Installations or Tenant Alterations must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After removed upon the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.-32-
Appears in 1 contract
Surrender. Tenant agrees on Upon the last day expiration of this Sublease, or upon the termination of the Lease Term, Sublease or on of the sooner termination Tenant’s right to possession of this Lease, to surrender the Premises promptly or as Tenant reduces the size of the Premises, Tenant will at once surrender and peaceably deliver up the all or, as applicable, the appropriate part of the Premises, together with all improvements thereon, to Landlord in good condition and repair repair, free of Hazardous Materials (damage other than routine office cleaning supplies) except as caused by Acts of God and normal Landlord or Landlord's employees, agents, contractors, invitees and/or licensees, reasonable wear and tear excepted(and damage by Landlord or Prime Landlord), including without limitation: casualty or condemnation excepted. Said improvements shall include all interior walls cleaned; all tile floors cleanedplumbing, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbinglighting, electrical, lightingheating, fire sprinkler cooling and other systems left ventilating fixtures and equipment used in good working order and repair, including replacement the operation of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at as distinguished from operations incident to the expense business of Tenant); provided that . Tenant shall ascertain from surrender to Landlord within thirty all keys to the Premises and make known to Landlord the explanation of all combination locks which Tenant is permitted to leave on the Premises. All Alterations in or upon the Premises made by Tenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Tenant. Tenant shall remove any Alterations made by Tenant, or portion thereof, which Prime Landlord requires Landlord (30or Tenant if there is a direct obligation of Tenant to Prime Landlord) days before to remove, pursuant to the end terms of the term of this Lease whether Landlord desires to have Prime Lease. In any such event, Tenant shall restore the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination making of this Lease at Tenant’s sole cost and expensesuch Alteration, repairing any damage occasioned by such removal or restoration. Tenant shall, on or before the termination If Prime Landlord requires removal of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned any Alteration made by Tenant, at Tenant’s sole costor a portion thereof as set forth above, and Tenant does not make such removal in accordance with this Section, Landlord may remove the same (and repair any damage caused occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant, or warehouse the same. Tenant shall pay the costs of such removal, repair, delivery and warehousing on demand. Tenant shall not be required to remove any Alterations performed by such removal at Tenant’s sole cost. If Landlord or to restore the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant their condition prior to the expiration making of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesAlterations.
Appears in 1 contract
Sources: Secured Note (Gene Logic Inc)
Surrender. Tenant agrees on Section 21.01. On the last day of the Lease Term, Expiration Date or on upon the sooner termination of this LeaseLease or upon any reentry by Landlord upon the Premises, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted)Tenant shall, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord "broom clean" and in good order, condition and repair except for ordinary wear, tear and damage by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall, on or before shall remove from the termination of this Lease, remove Real Property all of Tenant’s 's Property and all other personal property and trade fixtures from personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all material damage to the Premises (unless otherwise agreed to and the Real Property occasioned by such removal. Any Tenant's Property or other personal property which shall remain in writing by Landlord), and all property not so removed on or before the end of Premises after the term or sooner termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant's Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant's Property or other personal property shall be reimbursed to Landlord by Tenant and title as Additional Rent within ten days of demand.
Section 21.02. If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day,k then Tenant's obligations under Section 21.01 shall be performed on or prior to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenantthe immediately preceding business day.
Section 21.03. Landlord may, If the Premises are not surrendered upon the termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify hereby indemnifies Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or including any claims made by any 36 37 succeeding tenant or prospective tenant founded on upon such delay.
Section 21.04. No act or conduct of Landlord, whether consisting In the event Tenant remains in possession of the acceptance Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of the keys to the Premises, or otherwiseLandlord, shall be deemed to be or constitute an acceptance occupying the Premises as a tenant from month to month, at a monthly rental equal to one and one-half times the Fixed Rent and Additional Rent payable during the last month of the surrender Term, subject to all of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation other terms of this Lease insofar as the same are applicable to a month-to-month tenancy.
Section 21.05. Tenant's obligation under this Article shall not work as a merger with respect to such Lease. At survive the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Sources: Lease Agreement (Russian Wireless Telephone Co Inc)
Surrender. Upon the expiration or other termination of the Term, Tenant agrees will immediately vacate and surrender possession of the Premises in good order, repair and condition, except for ordinary wear and tear. Upon the expiration or other termination of the Term, Tenant agrees, subject to the Surrender Condition Qualification as defined in Section 7.1(h), to remove (a) all Tenant Changes to the Premises, the removal of which Landlord requested or approved according to Section 7.1(h) at the time Landlord consented to their installation, and (b) all of Tenant’s trade fixtures, office furniture, office equipment and other personal property. Tenant will pay Landlord on demand the cost of repairing any damage to the Premises, Building and/or Project caused by the installation or removal of any such items, reasonable wear and tear excepted. Notwithstanding the foregoing, Tenant will be responsible for removing all Telecom Equipment at the expiration or earlier termination of the Term in accordance with Section 26.9 below. If Tenant fails to surrender the Premises on the last day expiration or earlier termination of this Lease despite demand to do so by Landlord (including upon the Lease Termexpiration of any subsequent month-to-month tenancy pursuant to Section 15.2 below), or on with such removal and repair obligations completed, then, in addition to Landlord’s rights and remedies under Section 7.2 above and the sooner termination other provisions of this Lease, to surrender the Premises promptly and peaceably Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: hold Landlord harmless from all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereofbased thereon, and acceptance by Landlord any attorneys’ fees and other costs of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlordlegal proceedings. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease foregoing indemnity shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After survive the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to . Tenant, any quitclaim deed ’s obligations under this Section 15.1 will survive the expiration or other document required by any reputable title company, licensed to operate in the State early termination of California, to remove the cloud or encumbrance created by this Lease from and no surrender of possession of the real property containing Premises by Tenant will limit Tenant’s liability under this Lease. No act or thing done by Landlord or Landlord’s agents during the Term of this Lease will be deemed an acceptance of a surrender of the Premises, unless in writing signed by Landlord. The delivery of the keys to an employee or agent of Landlord will not operate as a termination of this Lease or a surrender of the Premises.
Appears in 1 contract
Sources: Lease Agreement (First California Financial Group, Inc.)
Surrender. Tenant agrees on On the last day of the Lease Termterm of this Lease, including any option term, or on upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair, fire and other unavoidable casualty, and reasonable wear and tear excepted. All alterations, additions, improvements and fixtures which may be made or installed by either Landlord or Tenant upon the Leased Premises shall remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance, molestation or injury at the termination of the term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. At any time prior to surrender of the Leased Premises the Tenant may, if not then in default, remove all personal property (not including trade fixtures) not attached to the Leased Premises, and signs installed at Tenant's expense. Any property not so removed shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect removal of such personal property and Tenant shall pay Landlord, on demand, the cost thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or the prime interest rate established by the Firstar Bank Madison, N.A. or its successors or assigns, whichever is higher. If, prior to surrender of the Leased Premises or within twenty (20) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall repair any damage occasioned by such removals and Tenant will pay to Landlord, on demand, the cost thereof with interest from the date of completion of such repairs by Landlord, a the rate specified in the immediately preceding paragraph of this Lease. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, Landlord shall have a lien upon all of the property of Tenant then located in or upon the Leased Premises to surrender secure the Premises promptly and peaceably payment of any amounts due from Tenant to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term reason of this Lease whether or to secure the payment of damages, and Landlord desires to have may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such property in storage. If Tenant has not redeemed said property within ninety (90) days after the Premises termination of said Lease, Landlord may sell such property at public or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered private sale without further notice to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to apply in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance a reasonable manner determined by Landlord the proceeds of surrender by sale to reduce the amounts then owed from Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by to Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Leaseforegoing notwithstanding, Tenant shall executebe entitled to remove property from the Leased Premises subsequent to such termination, acknowledge and deliver after written request therefor has been provided to Landlord specifying the items to be removed. Landlord shall allow such removal to the extent the value of property remaining subject to Landlord, within ten (10) days after written demand from 's lien reasonably secures all amounts due Landlord. The rights of holders of liens superior to the lien provided for herein shall be recognized by Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesconsistent with applicable laws and statutes.
Appears in 1 contract
Sources: Lease Agreement (Hagler Bailly Inc)
Surrender. Tenant agrees on Section 25.01. Upon the last day expiration or earlier termination of the Lease Term, or on the sooner termination Term of this Lease, to Tenant shall surrender the Demised Premises promptly and peaceably to Landlord in good the same condition in which the Demised Premises were originally received from Landlord except as repaired, rebuilt, restored, altered or added to as permitted by any provision of this Lease and repair (damage by Acts of God and normal except for ordinary wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleanedand damage by fire or other casualty. Tenant shall remove from the Demised Premises upon such expiration or earlier termination, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements property situated thereon which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of is owned by Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to . Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole its cost and expense, shall repair any damage to any part of the Demised Premises caused by such removal. Any property of Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before shall become the end property of Landlord, which may thereafter cause such property to be removed from the term or sooner termination Demised Premises and disposed of this Lease shall be deemed abandoned by Tenant but the cost of any such removal and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination disposition as well as the cost of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair repairing any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises borne by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by LandlordTenant. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After Upon the expiration or earlier termination of the Term, Tenant shall remove all computers and computer related and peripheral equipment (other than cabling and other related equipment that would be deemed fixtures) installed by Tenant at the Demised Premises (collectively, "Computer Equipment Removal"), and Tenant, at its cost and expense, shall repair any damage to any part of the Demised Premises caused by such Computer Equipment Removal, which damage is of a nature that exceeds that damage which would be caused by the removal of office furniture and equipment customarily maintained by Tenant at Demised Premises. In no event shall such Computer Equipment Removal require Landlord to make any non-customary alterations or repairs to the Demised Premises in order to be able to prepare or finish any portion of the Demised Premises for rental to tenants for normal office purposes. Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection with the Computer Equipment Removal if Landlord shall reasonably deem such non-customary alterations or repairs necessary or advisable. In no event shall Tenant be required to pay for improvements to the Demised Premises that are being used to prepare the space for a new tenant.
Section 25.02. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall executedeliver the Building to Landlord broom clean, acknowledge except in the event such surrender is due to a casualty or condemnation, as provided herein. Copies of all then current maintenance and deliver service agreements and records, warranties in effect (all of which shall be assigned to Landlord, within ten (10if such agreements or warranties are assignable) days after written demand from Landlord and all plans and specifications relating to alterations of the Improvements in Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.'s possession shall
Appears in 1 contract
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After On the expiration or earlier termination of this Sub-Sublease, Sub-Subtenant shall surrender to Sub-Sublandlord the Sublease Premises and any alterations or improvements installed by Sub-Subtenant, broom clean and in good condition (except for ordinary wear and tear, destruction to the Sublease Premises covered by Article 18 of the Master Lease and for alterations installed by Sub-Subtenant that Sub-Subtenant has the right to remove or is obligated to remove, so long as Sub-Subtenant repairs any damage to the Sublease Premises under this Paragraph or Article 15 of the Master Lease), Tenant and shall executeremove all of its personal property including any signs, acknowledge notices and deliver displays. Notwithstanding anything to Landlordthe contrary contained in the foregoing sentence, within ten Sub-Subtenant shall not be required to remove any alterations or improvements existing in the Sublease Premises (10and not installed by Sub-Subtenant) days on the Sub-Sublease Commencement Date. Sub-Subtenant shall perform all restoration made necessary by the removal of any of its improvements or alterations or personal property installed on or after the Sub-Sublease Commencement Date not later than the expiration of the Sub-Sublease Term. If removal of any alterations or improvements or personal property installed by Sub-Subtenant would damage the Building structure, Sub-Subtenant shall give Sub-Sublandlord, Sublandlord and Landlord prior written demand notice thereof, and Landlord may elect to make the removal at Sub-Subtenant's expense or otherwise require Sub-Subtenant to post security for the restoration. Sub-Sublandlord may retain or dispose of in any manner any such improvements or alterations or personal property that Sub-Subtenant does not remove from Landlord the Sublease Premises on expiration or termination of this Sub-Sublease, and title to Tenantany such improvements or alterations or personal property that Sub-Sublandlord elects to retain or dispose of shall vest in Sub-Sublandlord. Sub-Subtenant waives all claims against Sub-Sublandlord for any damage or loss to Sub-Subtenant arising out of Sub-Sublandlord's retention or disposition of any such improvements, alterations or personal property and shall be liable to Sub-Sublandlord for Sub-Sublandlord's costs of storing, removing and disposing of any quitclaim deed such items which Sub-Subtenant fails to remove. Sub-Subtenant shall indemnify, defend and hold Sub-Sublandlord harmless from all damages, loss, cost and expense (including reasonable attorneys' fees and court costs) arising out of or other document in connection with Sub-Subtenant's failure to surrender the Sublease Premises in the condition required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesParagraph.
Appears in 1 contract
Sources: Sub Sublease Agreement (Etoys Inc)
Surrender. Tenant agrees on On the last day of the Lease Term, Expiration Date or on upon the sooner termination of this LeaseSublease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted)Subtenant shall, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s its sole cost and expense, quit, surrender, vacate and deliver the Sublease Premises to Sublandlord 'broom clean' and in good order, condition and repair except for ordinary wear and tear and damage by fire or other casualty. Tenant shall, on or before Subject to the termination terms of this the Prime Lease, Subtenant shall retain title to, including the right to remove all of Tenant’s personal property and from the Sublease Premises at any time during the Term hereof, any movable trade fixtures from or equipment paid for and installed by Subtenant (without contribution by either Sublandlord or Prime Landlord) used in Subtenant's business which are not necessary for the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end structural integrity of the term Silicones Building or the operation of any building, mechanical or utility systems or equipment. Upon the expiration or sooner termination of this Lease Sublease, Subtenant shall, at its sole cost and expense, remove all personal property and any movable trade fixtures or equipment belonging to Subtenant which it is permitted to move pursuant to this Section, provided, however, that in each instance Subtenant repairs any damage to the Sublease Premises or the Silicones Building due to the installation or removal of such property. Any trade fixtures, equipment or other property of Subtenant remaining at the Sublease Premises after the expiration of this Sublease shall be deemed abandoned and may be removed or otherwise disposed of by Tenant and title Sublandlord without any notice, liability or obligation to same Subtenant, but Subtenant shall thereupon (at Landlord’s option) pass remain liable to Landlord without compensation to Tenant. Landlord mayreimburse Sublandlord for the cost of performing any such work, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed said reimbursement to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, made within ten (10) days after written demand Sublandlord submits bills therefor. Subtenant agrees to indemnify, defend and save Sublandlord harmless from Landlord to Tenantand against any and all loss, cost, expense or liability resulting from the failure of, or the delay by, Subtenant in so surrendering the Sublease Premises, including,without limitation, any quitclaim deed claims made by Prime Landlord or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud succeeding Subtenant founded on such failure or encumbrance created by this Lease from the real property containing the Premisesdelay.
Appears in 1 contract
Surrender. Tenant agrees on the last day On termination of the Lease TermAgreement, the Tenant must ensure that the premises undergo refurbishment, including of flooring, painting of walls and, where relevant, other painted surfaces to the effect that all surfaces are in the same condition as at the date of taking possession. The premises are otherwise surrendered in a clean and well-maintained condition without damage or defects of any kind. The Tenant has a duty, but not a right, to re-establish structural changes on vacating the premises. This also applies where the Landlord has granted his consent to the changes. In case of changes to the premises, the parties agree whether or not the change must be restored on termination of the Lease Agreement. Agreed structural changes prior to taking possession should not be restored on termination of the Lease Agreement. If the leased premises are vacated by the Tenant before the agreed period of non-terminability expires, see clause 5, the Tenant will pay to the Landlord the residual depreciation on the sooner Landlord’s investment, see Appendix 10 and the residual investment rent, see Appendix 7. Business lease until 1 February 2021. If the Tenant vacates the premises at the Landlord’s request (see clause 1), the Landlord’s claim for the above-mentioned repayment of residual depreciation and investment rent will lapse. (a new appendix regarding depreciation will be prepared). If the Tenant vacates the premises at the Landlord’s request (see clause 1), the Tenant’s duty of refurbishment on vacation of the areas in question will lapse. The Tenant must surrender all keys, tags, codes and access cards and the like to the premises on termination of this Leasethe Lease Agreement. This includes keys, tags, codes and access cards and the like to surrender alarm systems and access points installed by the Premises promptly Tenant. Any refurbishment obligations ascertained in connection with the moving-out inspection as described below will be carried out by the Landlord for the account of the Tenant. If the remedial work has not been completed before termination of the Lease Agreement, the Landlord may demand payment for services under clauses 6, 11 and peaceably 15 until the premises have been brought into contractual condition. The parties agree that the Landlord is entitled to Landlord in good condition demand that the value of the cost of the identified works and repair (damage by Acts of God improvement according to the moving-out report be capitalised and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; that the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement calculated costs with addition of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on relevant engineering fee be paid in cash by the Premises (except moveable trade fixtures installed at Tenant to the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) not later than seven days before the end after receipt of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expensestatement. Tenant shall, on On or before the termination of the Lease Agreement, a moving-out inspection will be held with a representative attending for both the Landlord and the Tenant. On the basis of this Leasemoving-out inspection, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end parties will prepare a report of the term or sooner termination condition of the premises. Together with the moving-in report prepared on occupation, this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at report forms the basis of any claims for repair work of the Landlord’s option) pass to . Immediately after the moving-out inspection, the Landlord without compensation to Tenant. Landlord may, upon termination must invite a quotation for the execution of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and the repair any damage caused by such removal at Tenant’s sole costworks specified in the moving-out report. If the Premises be not surrendered Tenant disagrees with the specified amount, the Tenant is at liberty, on the end basis of the term or sooner termination moving-out report, to invite an independent quotation for the works and improvements identified by the Landlord. Within seven business days of this Leaseits receipt of the moving-out report, then the Tenant shall indemnify must notify the Landlord in writing that the Tenant wants to invite an independent quotation. The quotation obtained by the Tenant must be fully comparable with the requirements specification prepared by the Landlord. If, against loss or liability resulting from the delay background of the quotation obtained by the Tenant, the parties disagree over the size of the expense, the parties must mutually appoint an independent expert valuer for determining the final size of the amount. The final value established by the expert valuer cannot be challenged by any of the parties, and the amount is payable in cash by the Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting full and final settlement of the acceptance claim (after offsetting the deposit amount) within seven business days of the keys receipt of the valuer’s written notification establishing the size of the amount. Business lease until 1 February 2021. The costs of the expert valuer’s assessment will be shared equally between the parties. In connection with the moving-out inspection, the moving-out report will be based on all painted surfaces being surrendered with a fresh coat of paint, and flooring, doors, ceiling sheets and window s▇▇▇▇ and installations comprised by the Tenant’s duty of maintenance must be in a functional condition, clean and maintained and otherwise in the same state of repair and condition as on the date of taking possession. The Landlord must forward the moving-out report to the Premises, or otherwise, shall be deemed to be or constitute an acceptance last known address of the surrender Tenant. The time limit of four weeks set out in section 74(2) of the Premises Danish Business Lease Act has been extended to eight weeks. If, on the date of termination, the leased premises comprise laboratories or animal buildings classified according to Danish working environment legislation, environmental laws, radiation legislation or the like, these premises must be downgraded and cleaned by the Tenant prior to vacating the expiration premises. On surrender, the Tenant must provide documentation of having carried out the Term hereofdowngrade and deregistration with the relevant authorities, including the Danish Working Environment Authority. Failure to provide documentation will entitle the Landlord to collect rent and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlordother mandatory payments until the documentation is available. The voluntary surrender Landlord has prepared inspirational materials which may be used in connection with the downgrading and cleaning of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Leaselaboratories. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesThe inspirational materials are available upon request.
Appears in 1 contract
Sources: Business Lease (Evaxion Biotech a/S)
Surrender. Tenant agrees on Upon the last day of the Lease Term, expiration or on the sooner earlier termination of this LeaseLease for any reason, to Tenant shall surrender the Premises promptly and peaceably to Landlord in good its condition and repair (damage by Acts existing as of God and the date this Lease is fully executed, normal wear and tear excepted), including without limitation: with all interior walls cleaned; repaired and repainted if marked or damaged, all tile floors carpets shampooed and cleaned, all carpets cleaned and shampooed; all broken, marred, stained marred or nonconforming acoustical ceiling tiles replaced; , all building systems, including the plumbing, electricalHVAC, lighting, fire sprinkler ALC and other electrical systems left and lighting in good working order and repair, and everything else in good repair for which Tenant is responsible under Section 9(b) hereof, including replacement of any burned out discolored or broken light bulbsbulb or ballasts, ballasts and lenses; all floors cleaned and waxed, all to the reasonable satisfaction of Landlord. Tenant shall remove from the Premises all Tenant's personal property and all of Tenant's alterations which Landlord requires Tenant to remove, and restore the Premises to its condition prior to their installation. If Tenant fails to remove any alterations and/or Tenant's personal property, and such failure continues after the ter▇▇▇▇▇▇on of this Lease, Landlord may retain or dispose of such property and all rights of Tenant with respect to it shall cease, or Landlord may place all or any portion of such property in public storage for Tenant's account. Tenant shall be liable to Landlord for costs of removal of any such alterations and Tenant's personal property and storage and transportation costs of s▇▇▇, ▇nd the cost of repairing and restoring the Premises, together with all alterations, additions, and improvements which may have been made in, to, or on interest at the Interest Rate from the date of expenditure by Landlord. If the Premises (except moveable trade fixtures installed are not so surrendered at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against all loss or liability liability, including attorneys' fees and costs, resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Sources: Lease (Marvell Technology Group LTD)
Surrender. Tenant agrees on shall, upon the last day of the Lease Term, expiration or on the sooner earlier termination of this Lease, to peaceably surrender the Premises promptly Leased Premises, including the Tenant Improvement Work and peaceably Tenant's improvements and/or alterations installed pursuant to Landlord Article 7, in a janitorial clean condition and otherwise in as good condition and repair as when Tenant took possession, except for (damage by Acts of God and normal i) reasonable wear and tear excepted)subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. Landlord may, however, elect to remove all or any part of such personal property from the Leased Premises, and the costs incurred by Landlord in connection with such removal, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned storage costs and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement cost of repairing any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior damage to the termination Leased Premises, the Building and/or the Property caused by such removal shall be paid by Tenant within 5 days after receipt of this Lease at Tenant’s sole cost and expenseLandlord's statement. Tenant shall, on Upon the expiration or before the earlier termination of this Lease, remove Tenant shall surrender to Landlord all of Tenant’s personal property keys to the Leased Premises and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end shall inform Landlord of the term combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article shall survive the expiration or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon earlier termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against any loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant Tenant founded on such delay. No act or conduct Tenant shall give written notice to Landlord at least 30 days prior to vacating the Leased Premises for the express purpose of Landlord, whether consisting arranging a meeting with Landlord for a joint inspection of the acceptance Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the keys to the Premises, or otherwise, Leased Premises shall be conclusively deemed to be or constitute an acceptance correct for purposes of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, determining Tenant's liability for repairs and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesrestoration hereunder.
Appears in 1 contract
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After Upon the expiration or earlier termination of this Lease, Tenant shall executepeaceably leave and surrender the Leased Premises or Affected Premises, acknowledge and deliver as is applicable, to LandlordLandlord in the same condition in which the Leased Premises or Affected Premises, within ten (10) days after written demand from Landlord if applicable, was at the commencement of this Lease, except as repaired, rebuilt, restored, altered, replaced or added to Tenant, any quitclaim deed as permitted or other document required by any reputable title companyprovision of this Lease, licensed ordinary wear and tear and damage from any Casualty or Condemnation excepted; provided, however, that with respect to operate any Casualty Tenant has paid to Landlord the deductible under Paragraph 16(a)(i) or, if applicable, Landlord has received the Termination Amount. Upon such surrender, Tenant shall (a) remove from the Leased Premises or Affected Premises, if applicable, all Tenant’s Property and Alterations required to be removed pursuant to Paragraph 13 hereof, and (b) repair any damage caused by such removal. Property not so removed shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises or Affected Premises, if applicable. The cost of removing and disposing of such property and repairing any damage to any of the Leased Premises or Affected Premises, if applicable, caused by such removal shall be paid by Tenant to Landlord upon demand. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26. Notwithstanding anything to the contrary in this Lease, Tenant shall be under no obligation to patch, repair or replace finish work, such as wallcoverings, paint and carpeting, or to patch, repair or cover holes in the State walls or floor left by the removal of California, any Alteration or Tenant’s property to remove the cloud extent such removal was performed in a reasonable or encumbrance created by this Lease from the real property containing the Premisesnormal manner.
Appears in 1 contract
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30a) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After Upon the expiration or earlier termination of this Lease, Tenant shall executepeaceably vacate and surrender the Leased Premises to Landlord in the same condition in which the Leased Premises were at the commencement of this Lease, acknowledge except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, ordinary wear and deliver tear, and damage by casualty or condemnation, excepted. Upon such surrender, Tenant shall (a) remove from the Leased Premises all property which is owned by Tenant or any person occupying any portion of the Leased Premises by, through or under Tenant (excluding computer and communications cabling, wiring and conduit unless otherwise agreed by Landlord), all Billboard Work, and Alterations required to be removed pursuant to Paragraph 13 (Alterations and Improvements) hereof, and (b) repair any damage caused by such removal. Property not so removed shall be deemed abandoned and become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. Landlord shall not be obligated to store any such property. The cost of removing and disposing of such property and repairing any damage to the Leased Premises caused by such removal, together with an administrative charge of five percent (5%) of the cost of Landlord’s performance shall be paid by Tenant to Landlord upon demand and receipt by Tenant of a reasonably detailed invoice evidencing such costs and if not paid within ten (10) days after written demand from Business Days, shall bear interest at the Default Rate. Landlord shall not in any manner or to Tenant, any quitclaim deed extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26.
(b) If Tenant fails to vacate and surrender the Leased Premises on or other document required by any reputable title company, licensed to operate in before the State Expiration Date or earlier termination of California, to remove the cloud or encumbrance created by this Lease in accordance with the provisions of this Lease, Tenant shall be a tenant at sufferance and shall pay to Landlord holdover rent (“Holdover Rent”) and Additional Rent payable hereunder for the Leased Premises during the term of such holdover. Holdover Rent shall be payable monthly in advance in an amount equal to 150% of Basic Rent payable immediately prior to the Expiration Date or such early termination until Tenant shall have vacated and surrendered the Leased Premises in accordance with the provisions of this Lease. The provisions of this Paragraph 26 shall not in any way be deemed to (i) permit Tenant to remain in possession of the Leased Premises after the Expiration Date or sooner termination of this Lease or (ii) imply any right of Tenant to use or occupy the Leased Premises upon expiration or termination of this Lease and the Term, and no acceptance by Landlord of payments from Tenant after the real property containing Expiration Date or sooner termination of the PremisesTerm shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Paragraph 26.
(c) Notwithstanding anything to the contrary elsewhere in this Lease, if Tenant fails to so vacate and surrender the Leased Premises in accordance with this Lease on or before the Expiration Date, then, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall indemnify, defend and hold harmless Landlord from and against any claims, demands, liabilities, causes of action, suits, judgments, damages and expenses (including litigation costs and reasonable attorneys’ fees) based on, arising out of, or in any way relating to such failure (directly or indirectly, in whole or in part), including, without limiting the generality of the foregoing, loss of future rents as a consequence of such failure until the earlier of (i) the effective date of a new lease executed by Landlord and another tenant for the Leased Premises or (ii) twenty-four (24) months after the Expiration Date. Tenant’s indemnification obligations set forth herein shall survive the Expiration Date or earlier termination of this Lease.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Lincoln Educational Services Corp)
Surrender. Tenant agrees on 12.1 On the last day of the Lease TermExpiration Date, or on upon the sooner earlier termination of this LeaseSublease or of Subtenant’s right to possession of the Sublease Premises, Subtenant will at once surrender and deliver up the Sublease Premises, together with all improvements thereon, to surrender the Premises promptly and peaceably to Landlord Sublandlord in as good condition and repair (damage by Acts of God and normal as when delivered to Subtenant, reasonable wear and tear tear, Master Landlord’s repair obligations and casualty excepted). Conditions existing because of Subtenant’s failure to perform maintenance, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained repairs or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement replacements as required of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant Subtenant under this Sublease shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant “reasonable wear and title tear.” Subtenant shall surrender to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell Sublandlord all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Sublease Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Sublease Premises. If Subtenant exercises its Renewal Option, or otherwiseas defined below, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After then at the expiration or earlier termination of the Renewal Term and upon request of Sublandlord, Subtenant shall remove the cabling installed by Sublandlord for Subtenant under this LeaseSublease and shall repair any injury or damage to the Sublease Premises which may result from such removal, Tenant and restore the Sublease Premises to the same condition as prior to the installation thereof.
12.2 All Alterations in or upon the Sublease Premises made by Subtenant and not removed or required to be removed hereunder shall executebecome a part of and shall remain upon the Sublease Premises upon such termination without compensation, acknowledge allowance or credit to Subtenant. At Sublandlord’s written request Subtenant shall restore the Sublease Premises to their condition prior to the making of such Alterations and deliver to Landlord, within repair any damage occasioned by such removal or restoration. Within ten (10) days after written demand from Landlord receipt of Subtenant’s request, Sublandlord shall advise Subtenant in writing as to Tenantwhich portions of the Alteration are required to be removed hereunder. If Sublandlord advises Subtenant in writing that Subtenant is not required to remove a particular Alteration, Subtenant shall have no obligation to remove such Alteration. If Subtenant is permitted or required to remove any quitclaim deed Alteration or other document a portion thereof, and Subtenant does not complete such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, warehouse the same. Subtenant shall pay the costs of such removal, repair and warehousing on demand, plus an administrative fee equal to five percent (5%) of such costs, on demand.
12.3 Except as otherwise provided for in Section 12.1, as between Sublandlord and Subtenant, Subtenant shall not be required to remove any Alterations performed by Sublandlord prior to the Commencement Date (“Sublandlord Alterations”) or to restore the Sublease Premises to their condition prior to the making of such Sublandlord Alterations. If Sublandlord is required under the Master Lease to remove any Sublandlord Alterations performed prior to the Commencement Date, Subtenant shall permit Sublandlord to enter the Sublease Premises for a reasonable period of time prior to the expiration date of the Master Lease for the purpose of removing Sublandlord Alterations and restoring the Sublease Premises as required by the Master Lease; provided that any reputable title companysuch entry shall be subject to Section 2.3.
12.4 On or before the Expiration Date, licensed or upon the earlier termination of the Sublease or of Subtenant’s right to operate in possession of the State Sublease Premises, Subtenant shall remove Subtenant’s articles of Californiapersonal property incident to Subtenant’s business which are not affixed to the Sublease Premises (“Trade Fixtures”); provided, however that Subtenant shall repair any injury or damage to the Sublease Premises which may result from such removal, and shall restore the Sublease Premises to the same condition as prior to the installation thereof. If Subtenant does not remove Subtenant’s Trade Fixtures from the Sublease Premises on or before the Expiration Date or the earlier termination of Subtenant’s right to possession, Sublandlord may, at its option, remove the same (and repair any damage occasioned thereby and restore the Sublease Premises as aforesaid) and dispose thereof or warehouse the same, and Subtenant shall pay the cost of such removal, repair, restoration or warehousing, plus an administrative fee equal to five percent (5%) of such costs, to remove the cloud Sublandlord on demand, or encumbrance created Sublandlord may treat said Trade Fixtures as having been conveyed to Sublandlord with this Sublease acting as a B▇▇▇ of Sale therefor, without further payment or credit by this Lease from the real property containing the PremisesSublandlord to Subtenant.
Appears in 1 contract
Sources: Sublease (Onyx Pharmaceuticals Inc)
Surrender. Tenant agrees on 19.1 At the last day of the Lease Term, expiration or on the sooner other termination of this Lease, to Tenant shall surrender the Premises promptly and peaceably to Landlord in as good order and condition and repair (damage by Acts as they were at the commencement of God and normal the Term or may be put in thereafter in accordance with this Lease, reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) damage to the Premises by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned shall become the property of Landlord and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler shall remain upon and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together be surrendered with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed as a part thereof at the expense termination or other expiration of Tenant); provided that the Term. At the expiration or termination of the Term, Tenant shall ascertain remove its trade fixtures, as well as its Signs and identification marks, from Landlord the Premises. Tenant agrees to repair any and all damage caused by such removal. Trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days before after the end earlier termination of the term Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. The provisions of this Section 19.1 shall survive the termination or expiration of this Lease whether Landlord desires to have the Premises or any part(sfor a period of one (1) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the year.
19.2 Upon termination of this Lease at Tenant’s sole cost and expense. for any reason, Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from will return to Landlord the Premises (unless otherwise agreed to in writing licensed by Landlord), the State of Texas and by any and all property not so removed on or before governmental agencies having jurisdiction over the end Premises as a skilled nursing facility with at least the Minimum Licensed Beds (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in Laws relating to the physical attributes of the term or sooner termination improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of this Lease shall be deemed abandoned licensed beds required by Tenant and title any governmental authority solely as a result of changes in Laws relating to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end physical attributes of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering improvements on the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After ).
19.3 Upon the expiration or earlier termination of this Lease (unless the earlier termination arises from an Event of Default by Tenant under this Lease, in which case the OTA shall be in a form acceptable only to Landlord, in its reasonable discretion), Tenant shall executeenter into a mutually agreeable operations transfer agreement (the “OTA”) with Landlord in order to provide for the orderly transition of the operation of the facility following the termination of this Lease. The OTA shall provide for a procedure for the assignment and assumption of all resident agreements, acknowledge operating agreements and deliver other agreements that Landlord elects to Landlordhave assigned from Tenant. In addition, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State OTA shall address the transition of California, to remove licensing requirements for the cloud or encumbrance created by this Facility under all applicable Legal Requirements. Lease from the real property containing the Premises.– Friendswood SNF 21
Appears in 1 contract
Sources: Lease (Summit Healthcare REIT, Inc)
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After Upon the expiration or earlier termination of this Lease, Tenant shall executesurrender the Premises and all Tenant Improvements and Alterations to Landlord broom-clean and in their original condition, acknowledge except for reasonable wear and deliver tear, damage from casualty or condemnation and any changes resulting from approved Alterations; provided, however, that prior to Landlordthe expiration or termination of this Lease Tenant shall remove (i) all telephone and other cabling installed in the Building by Tenant, (ii) all Tenant’s personal property, (iii) any Trade Fixtures and all Alterations that Landlord has elected to require Tenant to remove as provided in Section 6 (Tenant Improvements & Alterations) and (iv) any portions of the Tenant Improvements that Landlord has elected to require Tenant to remove during the plan approval process pursuant to Exhibit B, and Tenant shall repair any damage caused to the Premises or the Property by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after written demand notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises (and any quitclaim deed other part of the Property for which Tenant has keys) and shall deliver to Landlord all keys for or other document required by any reputable title companymake known to Landlord the combination of locks on all safes, licensed to operate cabinets and vaults that may be located in the State Premises. The delivery of Californiakeys 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, to remove whether or not the cloud keys are retained by Landlord. Tenant’s obligations under this Section shall survive the expiration or encumbrance created by termination of this Lease from the real property containing the PremisesLease.
Appears in 1 contract
Sources: Sublease (LendingClub Corp)
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the On expiration or earlier termination of this Lease, Tenant shall executesurrender to Landlord the Demised Premises, acknowledge and deliver to Landlordall Tenant’s improvements thereto and alterations thereof, within ten broom clean and in good condition (10) days except for ordinary wear and tear occurring after written demand from the last necessary maintenance made by Tenant), and shall remove all of its personal property including any signs, notices and displays and any leasehold improvements required by Landlord to be removed. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal property, prior to the expiration of the Lease Term. If any such removal would damage the Demised Premises, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant, ’s expense or otherwise to require Tenant to post security for such restoration. Landlord may retain or dispose of in any quitclaim deed manner any such improvements or other document alterations or personal property that Tenant does not remove from the Demised Premises on expiration or termination of the Term as allowed or required by this Lease. Title to any reputable title companysuch improvements or alterations or personal property that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage or loss to Tenant arising out of Landlord’s retention or disposition of any such improvements, licensed alterations or personal property. Tenant shall be liable to operate in Landlord for Landlord’s costs of storing, removing and disposing of any such improvements, alterations or personal property. If Tenant fails to surrender the State Demised Premises to Landlord on expiration or termination of California, to remove the cloud or encumbrance created this Lease as required by this Lease Section, Tenant shall indemnify, defend and hold Landlord harmless from all damages, loss, cost and expense (including attorneys’ fees) arising out of or in connection with Tenant’s failure to surrender the real property containing the Demised Premises.
Appears in 1 contract
Surrender. Tenant agrees on Section 21.01 On the last day of the Lease Term, Expiration Date or on upon the sooner termination of this LeaseLease or upon any reentry by Landlord upon the Premises, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted)Tenant shall, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s its sole cost and expense, quit, surrender, vacate and deliver the Premises to Landlord “broom clean” and in good order, condition and repair except for ordinary wear, tear and damage by fire or other insured casualty, together with all Improvements and Fixtures (except as otherwise provided for in this Lease). Tenant shall, on or before shall remove from the termination of this Lease, remove Real Property all of Tenant’s Property and all other personal property and trade fixtures from personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Premises (unless otherwise agreed to and the Real Property occasioned by such removal. Any Tenant’s property or other personal property which shall remain in writing by Landlord), and all property not so removed on or before the end of Premises after the term or sooner termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such a manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property shall be reimbursed to Landlord by Tenant and title as Additional Rent on demand.
Section 21.02 If the Expiration Date or the date of sooner termination of this Lease shall fall on a day which is not a business day, then Tenant’s obligations under Section 21.01 shall be performed on or prior to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, the immediately preceding business day.
Section 21.03 If the Premises are not surrendered upon the termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify hereby indemnifies Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or including any claims made by any succeeding tenant or prospective tenant founded on upon such delay. No act or conduct of Landlord, whether consisting .
Section 21.04 In the event Tenant remains in possession of the acceptance Premises after the termination of this Lease without the execution of a new lease, Tenant, at the option of the keys to the Premises, or otherwiseLandlord, shall be deemed to be or constitute an acceptance occupying the Premises as a tenant from month to month, at a monthly rental equal to three times the Fixed Rent and Additional Rent payable during the last month of the surrender Term, subject to all of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation other terms of this Lease insofar as the same are applicable to a month-to-month tenancy.
Section 21.05 Tenant’s obligation under this Article shall not work as a merger with respect to such Lease. At survive the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Surrender. Tenant agrees on Upon the last day of the Lease Term, or on the sooner termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon the termination of the Tenant's right to possession of the Premises, Tenant will at once surrender and deliver up the Premises promptly and peaceably Premises, together with all improvements thereon, to Landlord in good condition and repair (damage by Acts of God and normal repair, reasonable wear and tear excepted; conditions existing because of Tenant's failure to perform maintenance, repairs or replacements as required of Tenant under this Lease shall not be deemed "reasonable wear and tear." Tenant shall surrender to Agent all keys to the Premises and make know to Agent the explanation of all combination locks which Tenant is permitted to leave on the Premises. Said improvements shall include all plumbing, lighting, electrical, heating, cooling and ventilating fixtures and equipment and other articles of personal property used in the operation of the Premises (as distinguished from operations incident to the business of Tenant). Tenant may remove any floor covering as to which Tenant paid the total cost of purchase and installation; in such event, Tenant shall remove all fastenings, paper, glue, bases and other vestiges thereof and restore the floor surface to its previous condition, or shall pay to Landlord the cost of so restoring the floor surface condition. Except as provided in the immediately preceding sentence, all additions, hardware, non-trade fixtures and all improvements, in or upon the Premises placed there by Tenant ("Alterations") shall become Landlord's property and shall remain upon the Premises upon such termination without compensation or allowance credit to Tenant, provided, however, that Landlord shall have the right to require Tenant to remove any Alterations or any portion thereof, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned limitation any floor covering purchased and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s 's sole cost, and repair to restore the Premises to their condition prior to the making thereof, repairing any damage caused occasioned by such removal at Tenant’s sole costand restoration. Said right shall be exercised by Landlord's giving written notice thereof to Tenant on or before twenty (20) days after any such termination. If the Premises be Landlord requires removal of any Alteration or portion thereof, and Tenant does not surrendered make such removal in accordance with this Section at the end time of the term such termination or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from such request, whichever is later, Landlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, deliver the same to any other place of business of Tenant, any quitclaim deed or other document required by any reputable title companywarehouse the same. Tenant shall pay the costs of such removal, licensed repair, delivery and warehousing to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesLandlord on demand.
Appears in 1 contract
Sources: Sublease (Quintus Corp)
Surrender. Upon the expiration or other termination of the term, Tenant agrees shall quit and surrender to Landlord the Demised Premises, broom clean, in as good order, condition and repair as it now is or may hereafter be placed, ordinary wear and tear and damage by casualty which Tenant is not specifically obligated to restore hereunder excepted. Tenant shall remove all property of Tenant. Any property left on the last day of Demised Premises at the Lease Term, expiration or on the sooner other termination of this Lease, to surrender or after the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement happening of any burned out discolored of the events of default set forth in Article 18, may, at the option of Landlord, either be deemed abandoned or broken light bulbs, ballasts be placed in storage at a public warehouse in the name of and lenses; together with all alterations, additions, for the account of and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense and risk of Tenant); Tenant or otherwise disposed of by Landlord in the manner provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expenseby law. Tenant shall, on expressly releases Landlord of and from any and all claims and liability for damage to or before destruction or loss of property left by Tenant upon the Demised Premises at the expiration or other termination of this Lease, remove and Tenant hereby indemnifies Landlord against any and all claims and liability with respect thereto. If Tenant holds over after, the term with the express consent of Landlord, such tenancy shall be from month to month only and shall not be a renewal hereof, and Tenant shall pay the rent and all the other charges at the same rate as herein provided and also comply with all of Tenant’s personal property the terms, covenants, conditions, provisions and trade fixtures from agreements of this Lease for the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of time during which Tenant holds over. If Tenant holds over after the term without the consent of Landlord and shall fail to vacate the Demised Premises after the expiration or sooner termination of this Lease for any cause or after Tenant's right to occupy same ceases, thereafter, and notwithstanding anything to the contrary contained elsewhere in this Lease Tenant shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass liable to Landlord without compensation for the use and occupancy of the Demised Premises in an amount agreed to be 125% of the monthly installment of Base Monthly Rent, and all the other charges as provided in this Lease for the last month of the term. Tenant. Landlord may's obligation to observe or perform all of the terms, upon covenants, conditions, provisions and agreements of this Article 21 shall survive the expiration or other termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Sources: Lease (Kabira Technologies Inc)
Surrender. Tenant agrees on On the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have or upon the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall executepeaceably surrender the Leased Premises to Landlord in good order, acknowledge repair, and deliver condition at least equal to Landlord, within ten (10) days after written demand from Landlord the condition when delivered to Tenant, any quitclaim deed excepting only reasonable wear and tear resulting from normal use, the damage by fire or other document required casualty covered by any reputable title companythe insurance carried by Landlord. All movable fixtures, licensed to operate in office equipment, and other personal property of Tenant shall remain the State property of CaliforniaTenant, to remove and upon the cloud expiration date or encumbrance created by earlier termination of this Lease may be removed from the real Leased Premises by Tenant, subject, however, that Tenant shall repair and restore in a good and workmanlike manner (reasonable wear and tear excepted) any damage to the Leased Premises or Building caused by such removal. Any of such movable fixtures, office equipment and other personal property containing not so removed by Tenant at or prior to the Premisesexpiration date or earlier termination of this Lease shall unless otherwise agreed become the property of Landlord. All other property as a part of the Leased Premises attached or affixed to the floor, wall or ceiling of the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) are the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease by lapse of time or otherwise, Tenant hereby waiving all rights to any payment or compensation therefor. Notwithstanding anything herein to the contrary, Tenant's surrender of the Leased Premises shall in no way affect Tenant's obligation to pay rent to the date of expiration of this Lease, whether or not the amount of such obligation has been ascertained either as of the date Tenant surrenders the Leased Premises or as of the date of expiration of this Lease.
Appears in 1 contract
Surrender. Tenant agrees on 24.01 On the last day of the Lease Termterm of this Lease, or on the sooner upon any earlier termination of this Lease, to or upon any reentry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises promptly and peaceably to Landlord broom clean, in good order, condition and repair (damage by Acts of God and normal except for ordinary wear and tear excepted), including without limitation: all interior walls cleanedand damage by fire or other insured casualty; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from remove Tenant's property subject to the provisions of Article 14 hereof; and Tenant shall surrender to Landlord within thirty (30) days before all keys to offices, lavatories and mail boxes and all Building identification and parking cards possessed by Tenant's employees.
24.02 In the end event Tenant remains in possession of the term of this Lease whether Landlord desires to have the Demised Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to after the termination of this Lease at Tenant’s sole cost without the execution by Landlord and expense. Tenant of a new lease, Tenant shall, on or before at Landlord's option, be deemed to be occupying the Demised Premises as a tenant from month to month, at a monthly rental equal to one and one-half (1.5) times the fixed rent and additional rent payable during the last month of the term, subject to all of the other terms of this Lease insofar as the same are applicable to a month to month tenancy.
24.03 In the event Tenant remains in possession of the Demised Premises following the termination of this LeaseLease and Landlord does not elect to treat Tenant as a month-to-month tenant as provided in the Section 24.02 above, remove all of Tenant’s personal property Tenant hereby indemnifies and trade fixtures agrees to hold Landlord harmless from the Premises (unless otherwise agreed to in writing by Landlord)and against any loss, cost, liability, claim, damage, fine, penalty, and all property not so removed on or before expense, including attorneys' fees and disbursements, resulting from such delay by Tenant in surrendering the end of Demised Premises upon the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord mayas provided in this Article 24, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, including without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on or prospective tenant based upon such delay. No act or conduct of Landlord, whether consisting In the event Tenant remains in possession of the acceptance Demised Premises for any period of time following the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this LeaseExpiration Date, Tenant shall executebe in default, acknowledge and deliver in addition to Landlordthe rent provided in Section 24.02 hereof, within ten (10) days after written demand from Landlord shall be entitled to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate all of its rights and remedies provided in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesLease.
Appears in 1 contract
Sources: Lease (Clarus Corp)
Surrender. Tenant agrees on 10.1. On the last day of the Lease TermExpiration Date, or on upon the sooner earlier termination of this LeaseSublease or of Subtenant’s right to possession of the Sublease Premises, Subtenant shall at once surrender and deliver up the Sublease Premises to surrender Sublandlord in materially the Premises promptly same condition as existed on the earlier of the Early Access Date and peaceably to Landlord in good condition and repair (damage by Acts of God and normal Sublease Commencement Date, excepting reasonable wear and tear exceptedtear, damage and/or destruction from casualty or condemnation, Hazardous Materials (other than those released by or brought into the Sublease Premises by Subtenant or any of Subtenant’s employees, agents, contractors or invitees), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additionsrepairs not Subtenant’s responsibility under this Sublease, and improvements approved or permitted Alterations which may have been made in, to, are not required to be removed pursuant to the Master Lease or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term express terms and provisions of this Lease whether Landlord desires Sublease; provided, however, conditions existing because of Subtenant’s failure to have the Premises perform maintenance, repairs or any part(s) thereof restored to their original condition and configuration replacements as when the Premises was delivered to Tenant, and if Landlord required of Subtenant under this Sublease shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant “reasonable wear and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. tear.” At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Sublease, Subtenant shall surrender to Sublandlord all keys to the Sublease Premises.
10.2. As between Sublandlord and Subtenant, Subtenant shall not be required to remove any alterations, additions or improvements performed by or at the request of Sublandlord or Master Landlord prior to the earlier of the Sublease Commencement Date and Early Access Date or to restore the Sublease Premises to their condition prior to Sublandlord's or Master Landlord’s making of such alterations, additions or improvements.
10.3. If Sublandlord is required under the Master Lease to remove any alterations performed by Sublandlord prior to the Expiration Date, Subtenant shall permit Sublandlord to enter the Sublease Premises for a reasonable period of time, subject to such conditions as Subtenant may reasonably impose, for the purpose of removing such alterations and restoring the Sublease Premises as required by the Master Lease. However, Tenant shall executeif either Sublandlord or Subtenant reasonably determines that Sublandlord’s entry prior to the Expiration Date is not compatible with Subtenant’s continued use of the Sublease Premises, acknowledge and deliver to Landlordthen at any time during the last forty-five (45) days of the Sublease Term, within either party may terminate this Sublease upon not less than ten (10) days after written demand from Landlord notice to Tenantthe other, with such termination to be effective on the date of Sublandlord’s re-entry into the Sublease Premises for the purpose of removing such alterations and restoring the Sublease Premises. In the event Sublandlord enters the Sublease Premises pursuant to the terms of this Paragraph 10.3, Sublandlord shall, during the period of such entry, take all reasonable steps to minimize, to the extent practicable under the circumstances, any quitclaim deed or other document required by any reputable title company, licensed to operate disturbance of and/or interference with Subtenant’s business operations in the State Sublease Premises.
10.4. At the expiration or earlier termination of Californiathis Sublease, Subtenant shall have the right (subject to Master Landlord’s prior written approval, to the extent removal is not expressly permitted under the Master Lease), to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesSublease Premises any specialized tenant improvements and/or equipment installed by and paid for by Subtenant so long as Subtenant repairs any damage resulting from such removal.
Appears in 1 contract
Sources: Sublease (Talis Biomedical Corp)
Surrender. Tenant agrees on No later than upon the last day expiration or earlier termination of the Lease TermTerm or Tenant's right to possession of the Premises, or on Tenant shall vacate and surrender the sooner termination Premises to Landlord in good order and condition and in conformity with the applicable provisions of this Lease, including without limitation Article 11. Tenant shall have no right to hold over beyond the expiration of the Term, and if Tenant does not vacate as required such failure shall be deemed an Event of Default and Tenant's occupancy shall not be construed to effect or constitute anything other than a tenancy at sufferance. During any period of occupancy beyond the expiration or earlier termination of the Term the amount of Rent owed by Tenant. a Landlord shall be one hundred fifty percent (150%) of the Rent that would otherwise be due under this Lease, without prorating for any partial month of holdover. The acceptance of Rent by Landlord or the failure or delay of Landlord in notifying or evicting Tenant following the expiration or earlier termination of the Term shall not create any tenancy rights in Tenant and any such payments by Tenant may be applied by Landlord against its costs and expenses, including reasonable attorneys' fees, incurred by Landlord as a result of such holdover. The provisions of this section shall not constitute a waiver by Landlord of any right of re-entry as set forth in this Lease; nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of Landlord's right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant's part to be performed. In addition, if Tenant fails to vacate and surrender the Premises promptly as herein required, Tenant shall indemnify, defend and peaceably to hold harmless Landlord in good condition and repair (damage by Acts from all costs, losses, expenses or liabilities incurred as a result of God and normal wear and tear excepted)such failure, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delayand real estate brokers' claims and reasonable attorneys' fees. No act or conduct of Landlord, whether consisting At the end of the acceptance Term or sooner termination of the keys Tenant's right to possession of the Premises, or otherwiseTenant shall, shall be deemed at Landlord's option, remove all furniture, movable trade fixtures and equipment (including telephone security and communication equipment system wiring and cabling) in a good and workmanlike manner so as not to be or constitute an acceptance of the surrender of damage the Premises by Tenant prior or Building and in such manner so as not to disturb other tenants in the expiration of Building. Tenant's obligation to pay Rent and to perform all other Lease obligations for the Term hereof, period up to and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After including the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed the provisions of this Article 19. sha11survive the expiration or other document required by any reputable title company, licensed to operate in the State earlier termination of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesLease.
Appears in 1 contract
Surrender. Tenant agrees on Upon the last day of the Lease Term, expiration or on the sooner termination of this Lease, to Tenant --------- shall surrender the Premises promptly and peaceably all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repair (damage by Acts of God and normal condition, except for reasonable wear and tear excepted)tear, including without limitation: all interior walls cleaneddamage from casualty or condemnation and any changes resulting from approved Alterations; all tile floors cleanedprovided, all carpets cleaned and shampooed; all brokenhowever, marred, stained that on or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises expiration or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, shall remove all of telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant’s 's personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), any Trade Fixtures and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Alterations that Landlord has elected to require Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole costremove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal removal; provided, however, upon expiration or termination of this Lease Tenant shall not be obligated to remove any Hazardous Material from the Property unless Handled by Tenant at Tenant’s sole costthe Property. If such removal is not completed on or before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises be not surrendered at for the period from the end of the term Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or sooner termination dispose of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages all or any claims made by any succeeding tenant founded on portion of such delay. No act or conduct of Landlord, whether consisting of property if Tenant does not pay all such costs and retrieve the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, property within ten (10) days after written demand notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any quitclaim deed other part of the Building and shall deliver to Landlord all keys for or other document required by any reputable title companymake known to Landlord the combination of locks on all safes, licensed to operate cabinets and vaults that may be located in the State Premises. Tenant's obligations under this Section shall survive the expiration or termination of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Sources: Sublease (Clarent Corp/Ca)
Surrender. Tenant agrees on On the last day of the Lease Term, Expiration Date or on upon the sooner termination of this LeaseLease or upon any re-entry by Landlord, to surrender Tenant shall, at its expense, quit, surrender, vacate and deliver the Premises promptly and peaceably to Landlord "broom clean" and in good order, condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored ordinary wear, tear and damage by fire or broken light bulbsother casualty excepted, ballasts and lenses; together with all alterations, additions, Improvements and improvements which may have been made in, to, or on the Premises Fixtures therein (except moveable trade fixtures installed at the expense of Tenantas otherwise provided for in this Lease); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Leaseat its expense, remove from the Real Property all of Tenant’s 's Property and any personal property of persons claiming through or under Tenant, and trade fixtures from shall repair or pay the cost of repairing all damage to the Premises (unless otherwise agreed to and the Real Property occasioned by such removal. Any Tenant's Property or other personal property which shall remain in writing by Landlord), and all property not so removed on or before the end of Premises after the term or sooner termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant as Additional Rent on demand. If, during the last month of the Term, Tenant shall have removed all or substantially all of Tenant's Property from the Premises and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation subject to Tenant. 's consent, Landlord maymay immediately enter and alter, upon termination renovate and redecorate the Premises, without abatement of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by rent or liability to Tenant, at Tenant’s sole cost, and repair provided Landlord releases Tenant from any damage caused by such removal at Tenant’s sole costfurther liability under the Lease. If the Premises be not surrendered at Expiration Date or the end date of the term or sooner termination of this LeaseLease shall fall on a day which is not a business day, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, Tenant's obligations under Section 24.1 shall be deemed to be performed on or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesimmediately preceding business day.
Appears in 1 contract
Sources: Lease Agreement (Dress Barn Inc)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant agrees on the last day shall return possession of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal condition, except for ordinary wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additionstear, and improvements which may have been made inexcept for casualty damage, to, condemnation or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided other conditions that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires is not required to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of remedy under this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior Prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall executeremove from the Premises all wiring and cabling and all of Tenant’s Property (unless Landlord directs Tenant otherwise), acknowledge and deliver any and all other personal property installed by Tenant’s assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Premises to good order and condition. Any wiring or cabling or any of Tenant’s Property or any other personal property installed by Tenant’s assignees or subtenants not removed as required shall be deemed abandoned, and Landlord, within ten at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(10b) If Tenant remains in possession of the Premises after the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that each monthly installment of Minimum Annual Rent shall be 150% of the monthly installment of Minimum Annual Rent payable for the last full month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in the event of a Tenant default, and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the holdover. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages arising from any holdover unless such holdover continues for more than thirty (30) days after written demand notice from Landlord indicating that Landlord is a party to Tenanta transaction involving all or a portion of the Premises and that Tenant may be liable for such consequential damages if Tenant fails to vacate the Premises within such thirty (30) day period. For the avoidance of doubt, (i) if Tenant receives such written notice at least thirty (30) days prior to the Expiration Date, then Tenant may be liable for consequential damages as a result of any quitclaim deed or other document required by any reputable title companyholdover after the Expiration Date, licensed and (ii) if Tenant receives such written notice fifteen (15) days prior to operate in the State Expiration Date, then Tenant may be liable for consequential damages as a result of California, to remove the cloud or encumbrance created by this Lease from holdover only if it holds over for more than fifteen (15) days after the real property containing the PremisesExpiration Date.
Appears in 1 contract
Sources: Lease Agreement (QuantumScape Corp)
Surrender. Tenant agrees on On the last day of the Lease Term, or on the sooner termination Term of this Lease, to including any extended term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises promptly and peaceably to Landlord all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair (damage by Acts of God repair, fire and normal other unavoidable casualty, and reasonable wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all . All alterations, additions, and improvements (other than Tenant's business and trade fixtures) which may have been be made in, to, or on installed by either Landlord or Tenant upon the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Leased Premises or any part(s) thereof restored to their original condition in Common Areas shall remain the property of Landlord and configuration as when the Premises was delivered to Tenantshall remain upon and be surrendered without disturbance, and if Landlord shall so desire, then Tenant shall so restore said Premises molestation or such part(s) thereof prior to injury at the termination of the Term of this Lease at Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant’s sole cost and expense. Tenant shall, on On or before the last day of the Term, Tenant shall remove all business, trade fixtures, equipment and personal property from the Leased Premises and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten percent (10%) per annum from the date of such removal by Landlord, or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery of the keys to the Leased Premises to Landlord at the place then fixed for the payment of rent shall constitute surrender of the Leased Premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, remove Landlord shall have a lien upon all of Tenant’s personal the property and trade fixtures of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from the Premises (unless otherwise agreed Tenant to in writing Landlord by Landlord), and all property not so removed on or before the end of the term or sooner termination reason of this Lease shall be deemed abandoned by Tenant and title or to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination secure the payment of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole costdamages, and repair any damage caused Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such removal at Tenant’s sole costproperty in storage. If the Premises be Tenant has not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, redeemed said property within ten ninety (1090) days after written demand from the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, any quitclaim deed or other document required and shall apply in a reasonable manner determined by any reputable title company, licensed Landlord the proceeds of sale to operate in reduce the State of California, amounts then owed from Tenant to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesLandlord.
Appears in 1 contract
Surrender. Tenant agrees on shall, upon the last day of the Lease Term, expiration or on the sooner earlier termination of this Lease, to peaceably surrender the Premises promptly Leased Premises, including any [Tenant Improvements] or [Tenant's improvements and/or alterations installed pursuant to Article 7.2], in a janitorial clean condition and peaceably to Landlord otherwise in as good condition and repair as when Tenant took possession, except for (damage by Acts of God and normal i) reasonable wear and tear excepted)subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a bill ▇▇ sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including without limitation: all interior walls cleaned; all tile floors cleanedstorage costs and the cost of repairing any damage to the Leased Premises, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on Building and/or the Premises Project caused by such removal shall be paid by Tenant within five (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (305) days before after receipt of Landlord's statement. Upon the end of the term of this Lease whether Landlord desires to have the Premises expiration or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the earlier termination of this Lease, remove Tenant shall surrender to Landlord all of Tenant’s personal property keys to the Leased Premises and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end shall inform Landlord of the term combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15.2 shall survive the expiration or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon earlier termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against any loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant Tenant founded on such delay. No act or conduct Tenant shall given written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of Landlord, whether consisting arranging a meeting with Landlord for a joint inspection of the acceptance Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the keys to the Premises, or otherwise, Leased Premises shall be conclusively deemed to be or constitute an acceptance correct for purpose of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, determining Tenant's liabilities for repairs and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesrestoration hereunder.
Appears in 1 contract
Surrender. Tenant agrees on On the last day of the Lease Term, Expiration Date or on upon the sooner termination of this LeaseLease or upon any re-entry by Landlord, to surrender Tenant shall, at its expense, quit, surrender, vacate and deliver the Premises promptly and peaceably to Landlord "broom clean" and in good order, condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored ordinary wear, tear and damage by fire or broken light bulbsother insured casualty excepted, ballasts and lenses; together with all alterations, additions, Existing Improvements and improvements which may have been made in, to, or on the Premises Alterations (except moveable trade fixtures installed at the expense of Tenantas otherwise provided for in this Lease); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Leaseat its expense, remove from the Building (a) all of Tenant’s 's Property, (b) any internal staircases, vaults, safes, raised computer floors, computer installations, kitchens, libraries, file rooms, conveyors, dumbwaiters, specially finishes and private bathrooms and any other unusual improvements and restore the Premises to their condition prior to the making of such improvements and (c) any personal property of Tenant or persons claiming through or under Tenant, and trade fixtures from shall repair or pay the cost of repairing all damage to the Premises (unless otherwise agreed to and the Building occasioned by such removal. Any Tenant's Property or other personal property which shall remain in writing by Landlord), and all property not so removed on the Premises after the Expiration Date or before after the end of the term or sooner termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of as Landlord may see fit. If such property not so removed shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expeises of the sale, moving and storage, arrears of rent and any damages to which Landlord may be entitled. Any excess proceeds shall be the property of Landlord. Any expense incurred by Landlord in removing or disposing of such property shall be reimbursed to Landlord by Tenant and title to same as Additional Rent on demand. The obligations of Tenant under this SECTION 21.01 shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If survive the Premises be not surrendered at the end of the term expiration or sooner termination of this the Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Sources: Lease Agreement (Magnetek Inc)
Surrender. Tenant agrees Subtenant shall, on or before termination of the Prime Lease and/or this Sublease, remove all personal property, furniture, trade fixtures and other equipment, provided that the removal of the same does not adversely affect the Lease Premises or is not prohibited by the Prime Lease, and that Subtenant promptly repairs any damage to the Leased Premises caused by such removal pursuant to the requirements of the Prime Lease. In the event that Subtenant fails to remove any such items as required by this section, all such items remaining on the last day Leased Premises after termination shall be deemed abandoned and Tenant may dispose of such items as it sees fit, without liability to Subtenant. Subtenant shall also be responsible for the removal, on or before termination, of all alterations as required under the Prime Lease installed by Subtenant pursuant to this Sublease and shall be responsible for any associated repair or restoration of the Lease TermLeased Premises required under the Prime Lease. In all other respects, or on Subtenant shall deliver the sooner termination Leased Premises broom clean, in its condition as of the date of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal Sublease reasonable wear and tear and casualty excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; . In no event shall Subtenant remove any of the plumbing, electrical, lightingdata lines, fire sprinkler and other systems left in good working order HVAC system(s), except as otherwise required pursuant to this section 4.2. Subtenant shall vacate and repairdeliver possession of the Leased Premises free of all liens, including replacement charges or encumbrances resulting from any act or omission on Subtenant’s part, and free and clear of any burned and all violations of any law, rule or regulation of any federal, state, municipal or other agency or authority by reason of Subtenant’s actions or failures to fulfill any of its obligations under this Prime Lease and/or this Sublease (“Violations”). Subtenant shall indemnify Tenant against any and all loss, expense, damage, costs or attorneys’ fees arising out discolored of Violations occurring any time on or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on after the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term date of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by LandlordSublease. The voluntary or other surrender of the Premises this Sublease by Tenant Subtenant, or a mutual cancellation of this Lease thereof, shall not work as a merger with respect automatically terminate any sub-subleases or sub-subtenancies or other agreements by which Subtenant has granted rights to such Lease. At third parties to all or any part of the Leased Premises, but shall, at the option of LandlordTenant, either (1) terminate all or any existing sub-subleases or sub-subtenancies or such other agreements, or (2) operate as an assignment to Tenant of any or all existing such sub-subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration sub-subtenancies or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or such other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesagreements.
Appears in 1 contract
Surrender. Tenant agrees on 25.1 At the last day expiration of the Lease Term, lease term or on the sooner upon any earlier termination of this Leaselease, to surrender the Premises promptly and peaceably Tenant shall immediately:
(a) deliver to Landlord in good condition free and repair clear title to the Improvements (excepting only Tenant's personal property, equipment and trade fixtures which can be, and are, removed by Tenant without permanent damage by Acts of God and normal wear and tear excepted), including to the Premises) without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained any payment to Tenant or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement allowance of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant)kind whatsoever by Landlord; provided that nothing herein shall require Tenant shall ascertain from to satisfy any obligations arising through Landlord. Landlord within thirty may examine condition of title at Tenant's cost to assure itself that the title offered is in conformity with the terms of this lease; and
(30b) days before restore the end Premises to their condition at the commencement of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole costlease, and repair any damage caused by such removal at of Tenant’s sole cost. If 's personal property, equipment or trade fixtures, or Tenant's occupancy of the Premises, and quit, surrender and return possession of the Premises be not surrendered at to Landlord in a neat, clean, and sanitary condition, and in good working order, reasonable wear and tear and casualty loss excepted, and shall deliver to Landlord all information documents and tangible items necessary or convenient to the end operation of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rentkeys, damages or any claims made by any succeeding tenant founded combinations to locks and access systems, manuals and instruction booklets, warranties, receipts, bills, invoices, statements, licenses, and permits, building plans and specifications, contracts and other documents.
25.2 Any personal property remaining on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to after the expiration of the Term hereoflease term may, and acceptance by Landlord of surrender at Landlord's option, be deemed abandoned by Tenant and Tenant releases Landlor▇ ▇▇▇▇ all claims and liability in connection with such personal property. Upon expiration, or if the lease is terminated prior to its normal expiration, Landlord shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of have the Premises by Tenant or a mutual cancellation of this Lease shall right, but not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of Californiaobligation, to remove the cloud or encumbrance created by this Lease all of Tenant's personal property from the real Premises and place the same in a public warehouse at Tenant's expense and risk. Landlord shall have the right, but not the obligation, to sell such stored property containing if it has not been claimed, and all charges for removal, packing, transport and storage paid by Tenant within thirty (30) days, and the Premisesproceeds of sale shall be applied first to the costs of sale, second to the costs of removal, packing, transport and storage, third to the payment of any other sums due Landlord from Tenant, and the balance, if any, shall be paid to Tenant.
Appears in 1 contract
Sources: Lease Agreement (Foster L B Co)
Surrender. (a) On the date on which this Lease expires or terminates, Tenant agrees on the last day shall return possession of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal condition, except for ordinary wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additionstear, and improvements which may have been made in, to, except for casualty damage or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided other conditions that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires is not required to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of remedy under this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior Prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall executeremove from the Property all furniture, acknowledge trade fixtures, equipment, wiring and deliver cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, within ten at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(10b) days If Tenant remains in possession of the Premises after written demand the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be equal to 125% of the Monthly Rent payable for the last full month immediately preceding the holdover for the first two months, then 150% thereafter. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to Tenantexercise, without obligation to provide Tenant any quitclaim deed notice or other document required by any reputable title companycure period, licensed all of the remedies available to operate Landlord in the State event of Californiaa Tenant default, to remove and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the cloud or encumbrance created by this Lease from the real property containing the Premisesholdover.
Appears in 1 contract
Sources: Lease Agreement (Jagged Peak, Inc.)
Surrender. Tenant agrees on Upon the last day of the Lease Term, expiration or on the sooner earlier termination of this LeaseSublease for any reason, to Subtenant shall surrender the Premises promptly and peaceably to Landlord Sublandlord in good its condition and repair existing as of the Commencement Date (damage by Acts including Building standard Tenant Improvements even if not completed as of God and the Commencement Date), normal wear and tear and damage by fire or other casualty excepted), including without limitation: with all interior walls cleaned; repaired and repainted if marked or damaged, all tile floors carpets shampooed and cleaned, all carpets cleaned and shampooed; all broken, marred, stained marred or nonconforming acoustical ceiling tiles replaced; , all windows washed, the plumbing, electrical, lighting, fire sprinkler plumbing and other electrical systems left and lighting in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additionsbulb or ballasts, and improvements which may have been made inall floors cleaned and waxed, to, or on all to the reasonable satisfaction of Sublandlord. Subtenant shall remove from the Premises all Subtenant’s personal property and all of Subtenant’s alterations required to be removed pursuant to Sections 5D and 5E (except moveable trade fixtures installed at but not the expense of TenantInitial Tenant Improvements); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have , and restore the Premises or any part(s) thereof restored to its condition prior to their original condition and configuration as when the Premises was delivered installation. If Subtenant fails to Tenantremove any alterations and/or Subtenant’s personal property, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to failure continues after the termination of this Lease Sublease, Landlord or Sublandlord may retain or dispose of such property and all rights of Subtenant with respect to it shall cease, or Sublandlord may place all or any portion of such property in public storage for Subtenant’s account. Subtenant shall be liable to Sublandlord for costs of removal of any such alterations and Subtenant’s personal property and storage and transportation costs of same, and the cost of repairing and restoring the Premises, together with interest at Tenant’s sole cost and expensethe Interest Rate from the date of expenditure by Sublandlord. Tenant shall, on or before If the Premises are not so surrendered at the termination of this LeaseSublease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant Subtenant shall indemnify Landlord Sublandlord against all loss or liability liability, including attorneys’ fees and costs, resulting from the delay by Tenant Subtenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Sources: Sublease Agreement (ShoreTel Inc)
Surrender. Tenant agrees on the last day 36.1. No surrender of possession of any part of the Lease Term, Demised Premises shall release Tenant from any of its obligations hereunder unless accepted by Landlord.
36.2. The voluntary or on the sooner termination of this Lease, to other surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At merger, unless Landlord consents and shall, at the option of Landlord, operate as an assignment to it of any or all existing subleases or subtenancies.
36.3. The voluntary or other surrender of any ground or underlying lease that now exists or may hereafter be executed affecting the Building, or a mutual cancellation, thereof, or of Landlord's interest therein, shall either terminate or shall attorn to Landlord not work a merger and shall, at the option of the successor of Landlord's interest in the Building, operate as Landlord may electan assignment of this Lease.
36.4. After Upon the expiration or earlier termination of this Lease, Tenant shall executesurrender the Demised Premises to Landlord broom clean and free of debris; with all of the "Existing Tenant Fixtures" (defined below) in place, acknowledge in good working order and deliver to Landlordrepair, within ten (10) days after written demand from Landlord to but with all of Tenant's other personal property and effects removed therefrom; with all alterations, any quitclaim deed or other document improvements and fixtures required by Landlord pursuant to this Lease to be removed from the Demised Premises (including any reputable title companyportion of the Existing Tenant Fixtures Landlord may designate) actually removed and all damage as a result of or caused by such removal repaired (all at the sole cost and expense of Tenant); and with all licenses, licensed to operate permits and similar items which restrict or affect the used of the Demised Premises released and fully terminated.
36.5. As used in the State Lease, "Existing Tenant Fixtures" means all of California, the personal property and fixtures listed on Exhibit "F" to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesLease.
Appears in 1 contract
Surrender. Tenant agrees on the last day of the Lease Term, Upon expiration or on the sooner termination of this Lease, to Tenant shall remove all Tenant’s personal property, furniture, trade fixtures and equipment (“Tenant’s Property”) from the Demised Premises and shall surrender the Demised Premises promptly to Landlord, broom clean and peaceably to Landlord in good order, condition and repair (damage by Acts of God and normal repair, ordinary wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of . If Tenant fails to remove any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain ’s Property from Landlord the Demised Premises within thirty five (305) days before the end of the term of this Lease whether Landlord desires to have the Premises expiration or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease Lease, then Landlord shall be entitled (but not obligated) to remove and store Tenant’s Property at Tenant’s sole cost and expense. Tenant shallLandlord shall not be responsible for the value, on preservation or before the termination of this Lease, remove all safekeeping of Tenant’s personal property and trade fixtures Property. In addition, if Tenant fails to remove Tenant’s Property from the Premises or storage within thirty (unless otherwise agreed 30) days after written notice, Landlord may deem all or any part of Tenant’s Property to in writing by Landlord)be abandoned, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, Property shall be deemed to be immediately vested in Landlord. No act or constitute an acceptance of thing done by Landlord or Landlord’s agents or employees during the term hereof shall be deemed a surrender of the Premises by Tenant prior Demised Premises, save and except an agreement to the expiration of the Term hereof, accept such surrender in writing and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary If Tenant fails to surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After at the expiration or earlier termination of this Lease, occupancy after the termination or expiration shall be that of a tenancy from month-to-month. Tenant’ s occupancy of the Premises during the holder shall be subject to all the terms and provisions of this Lease, and Tenant shall execute, acknowledge pay an amount (on a per month basis) equal to one hundred fifty percent (150%) of the rental amount due during the month of expiration or termination. Tenant and deliver Landlord agree that failure of the other party to Landlord, within ten (10) days after written demand from Landlord insist upon strict observance of any of the terms or conditions hereof at any time shall not be deemed a waiver of its right to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesinsist on strict observance thereafter.
Appears in 1 contract
Surrender. Tenant agrees on shall, upon the expiration or earlier termination of this lease, peaceably surrender the Leased Premises, including any Tenant Improvements, in a broom clean condition and otherwise in as good condition as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last day of repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Lease TermLeased Premises, or on be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the sooner Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises and/or the Building caused by such removal shall be paid by Tenant within ten (10) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, to Tenant shall surrender the Premises promptly and peaceably to Landlord in good condition all keys to the Leased Premises and repair (damage by Acts shall inform the Landlord of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement combination of any burned out discolored or broken light bulbsvaults, ballasts locks and lenses; together with all alterations, additions, and improvements which may have been made in, to, or safes left on the Premises (except moveable trade fixtures installed at Leased Premises. The obligations of Tenant under this Article 15 shall survive the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises expiration or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the ---------- earlier termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against any loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant Tenant founded on such delay. No act or conduct Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of Landlord, whether consisting arranging a meeting with Landlord for a joint inspection of the acceptance Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the keys to the Premises, or otherwise, Leased Premises shall be conclusively deemed to be or constitute an acceptance correct for purposes of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, determining Tenant's liability for repairs and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of restoration under this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Surrender. (a) On the date on which this Master Lease expires or terminates and if the Purchase Option has not been exercised, Tenant agrees on the last day shall return possession of the Premises to Landlord in vacant, broom clean condition as altered by the Required Improvements and any other permitted alterations, except for ordinary wear and tear, and except for casualty damage or other conditions that neither Tenant nor Subtenant is required to remedy under this Master Lease Term, or on the sooner Sublease. Prior to such expiration or termination of this Master Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires cause to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures be removed from the Premises all furniture, trade fixtures, equipment, wiring and cabling (unless otherwise agreed to in writing by LandlordLandlord directs Tenant otherwise), and all other personal property installed by Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Premises to good order and condition. Any of Tenant’s (or Subtenant’s or other occupant’s) personal property not so removed on or before the end of the term or sooner termination of this Lease as required shall be deemed abandoned by Tenant abandoned, and title to same shall thereupon (Landlord, at LandlordTenant’s option) pass to Landlord without compensation to Tenant. Landlord mayexpense, upon termination of this Lease, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain and/or sell all moveable personal such property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole costor sale proceeds as its property. If the Premises be Tenant does not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender return possession of the Premises by Tenant prior to Landlord in the expiration of the Term hereofcondition required under this Master Lease, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or pay Landlord all existing subleases shall either terminate or shall attorn to Landlord as resulting damages Landlord may electsuffer. After Notwithstanding the foregoing, upon the expiration or earlier termination of this Master Lease, (i) Tenant shall executeleave all Building Systems servicing the Premises, acknowledge in good working order and deliver condition, ordinary wear and tear excepted, and (ii) Tenant shall remove all Specialty Alterations & Equipment unless Landlord agrees in writing (in its sole discretion) that Tenant may leave such Specialty Alterations & Equipment at the Premises, and Tenant shall repair or replace any material damage resulting from removal. Tenant will make the decision to Landlordreplace or repair using good faith and commercially reasonable judgment.
(b) If Tenant (or any subtenant or occupant claiming by or through Tenant) remains in possession of the Premises after the expiration of this Master Lease (unless the Purchase Option has been exercised), within ten Tenant’s occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Master Lease (10unless clearly inapplicable), except that the Minimum Annual Base Rent shall be one hundred twenty-five percent (125%) days of the Minimum Annual Base Rent and no holdover or payment by Tenant after written demand the expiration or termination of this Master Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Master Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Master Lease entitling Landlord to Tenantexercise, without obligation to provide Tenant any quitclaim deed notice or other document required by any reputable title companycure period, licensed all of the remedies available to operate Landlord in the State event of Californiaa Tenant Event of Default, to remove the cloud or encumbrance created extent permitted by this Lease from the real property containing the Premisesapplicable Laws.
Appears in 1 contract
Sources: Master Tenant Lease Agreement
Surrender. No act by Landlord shall be an acceptance of a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless it is in writing and signed by Landlord. Upon termination of the Lease Term or earlier termination of Tenant’s right of possession, Tenant agrees shall surrender the Premises to Landlord in the same condition as received, broom clean, and in compliance with the Move Out Conditions Addendum attached hereto, ordinary wear and tear and casualty loss and condemnation covered by Sections 15 and 16 excepted. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating. In the event of Tenant’s failure to give such notice or to participate in such joint inspection, Landlord’s inspection shall be deemed conclusive for purposes of determining Tenant’s responsibility for repairs and restoration. No such performance by Landlord shall create any liability on the last day part of Landlord whatsoever. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord’s retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, or on including indemnity obligations, payment obligations with respect to Operating Expenses and all obligations concerning the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires Premises. If Tenant fails to have the Premises or perform any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof obligation prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Landlord may, but shall not be obligated to, perform such obligation and Tenant shall executepay Landlord all costs associated therewith, acknowledge plus an administrative fee of 15% of such costs, promptly upon Landlord’s delivery to Tenant of an invoice therefor, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of Section 22 shall apply. Notwithstanding any provision or inference to the contrary herein contained, in the event that Tenant fails to deliver to LandlordLandlord (and surrender possession of) all of the Premises upon the expiration or earlier termination of this Lease (or the applicable portion of the Premises if this Lease expires or terminates as to only a portion of the Premises) on the date of expiration or earlier termination, within ten then Landlord may, without judicial process and without notice of any kind, immediately enter upon and take absolute possession of the Premises or applicable portion thereof, expel or remove Tenant and any other person or entity who may be occupying the Premises or applicable portion thereof, change the locks to the Premises or applicable portion thereof (10) days after written demand from in which event, Tenant shall have no right to any key for the new locks), and take any other actions as are necessary for Landlord to Tenanttake absolute possession of the Premises or applicable portion thereof. The foregoing rights are without prejudice and in addition to, and shall not in any quitclaim deed or other document required by any reputable title companyway limit Landlord’s rights under, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesSection 22 below.
Appears in 1 contract
Sources: Lease Agreement (Phunware, Inc.)
Surrender. (a) On or before October 1, 2011 (the “Surrendered Premises Expiration Date”), Tenant agrees shall surrender the portion of the Premises located on the last day 12th floor of the Building as shown diagonally-hatched on Exhibit A attached hereto (the “Surrendered Premises”) as if the Surrendered Premises Expiration Date was originally set forth in the Lease Termas the “Expiration Date” for the Surrendered Premises. Tenant shall continue to observe and perform all of its covenants and obligations under the Lease (including, or on without limitation, the sooner termination obligation to pay Fixed Rent and Additional Rent (including, without limitation, Tenant’s Labor Rate Payment)) with respect to the Surrendered Premises until the occurrence of this the Surrendered Premises Expiration Date. Tenant shall surrender the Surrendered Premises strictly in accordance with the provisions of the Lease, including, without limitation, Section 20.1 of the Lease. Time shall be of the essence with respect to Tenant’s obligation to surrender the Surrendered Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination Surrendered Premises Expiration Date. In the event Tenant remains in possession of this all or a portion of the Surrendered Premises after the Surrendered Premises Expiration Date, Landlord shall be entitled to all rights and remedies available pursuant to the Lease (including, without limitation, Section 20.2 of the Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), at law or in equity.
(b) From and all property not so removed on or before after the end date that Tenant actually surrenders possession of the Surrendered Premises in accordance with the provisions of the Lease (as amended by this Agreement) (the “Actual Surrender Date”), (i) the term or sooner termination of this “Premises” wherever used in the Lease shall be deemed abandoned by Tenant to exclude the Surrendered Premises, and title to same shall thereupon (at Landlord’s optionii) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole costmonetary obligations under the Lease with respect to the Surrendered Premises shall be released; provided, that Tenant’s liability to pay Fixed Rent and Additional Rent, and repair any damage caused by such removal at Tenant’s sole cost. If and all other payments, sums or charges due or to become due with respect to the Surrendered Premises be not surrendered at pursuant to the end terms of the term or sooner termination of Lease (as amended by this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the PremisesAgreement), including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises holdover rent payable by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of LandlordSurrendered Premises, any or all existing subleases apportioned through and including the Actual Surrender Date, shall either terminate or survive the Actual Surrender Date and shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, be due and payable by Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after Business Days following written demand from by Landlord.
(c) Landlord is currently holding Letter of Credit No. 61652972 issued by Citibank, N.A. on September 25, 2006, in an aggregate amount available for drawing equal to Tenant$1,725,000.00 (the “Existing Letter of Credit”). Following the Actual Surrender Date, any quitclaim deed or other document required by any reputable title company, licensed Tenant shall be entitled to operate a reduction in the State aggregate amount available for drawing under the Existing Letter of CaliforniaCredit from $1,725,000.00 to $800,000.00 (and no other changes to the Existing Letter of Credit), to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesand Landlord shall reasonably cooperate with Tenant in connection with obtaining such reduction as soon as practicable.
Appears in 1 contract
Sources: Lease (Abovenet Inc)
Surrender. Tenant agrees on Upon the last day expiration or other termination of the Lease Term, or on termination of Tenant’s right to possession of the sooner termination Premises, Tenant will immediately vacate and surrender possession of the Premises, in good order, repair and condition, except for ordinary wear and tear, any portion of the Premises for which Landlord is responsible for repair and maintenance under the terms of this Lease, and casualty damage governed by Section 10. Upon the expiration or other termination of the Term, or termination of Tenant’s right to surrender possession of the Premises promptly and peaceably Premises, Tenant agrees to remove (a) all Tenant Alterations (other than the Leasehold Improvements) the removal of which Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained requested or nonconforming acoustical ceiling tiles replaced; approved according to Section 7.1 at the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additionstime Landlord consented to their installation, and improvements (b) all Specialized Tenant Improvements which may have been made inTenant designated for removal according to Paragraph 20 of Exhibit B, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30c) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s trade fixtures, office furniture, office equipment and other personal property property, and trade fixtures from the Premises (unless otherwise d) any other specialized tenant improvements installed by and paid for by Tenant, as identified and mutually agreed to in writing by Landlord)Landlord and Tenant prior to installation. Tenant will repair any damage to the Premises, Buildings and/or Project caused by the installation or removal of any such items or, if Tenant fails to make sure repairs within a reasonable time, Landlord may, at its option, make sure repairs and all property not so removed on or before Tenant will reimburse Landlord for the end reasonable cost of such repair following receipt of demand and reasonable back-up. Notwithstanding the term or sooner termination foregoing, (i) except pursuant to the express provisions of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rentSections 10.1, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord12.2(b) and Section 29), whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant may not unilaterally terminate this Lease prior to the expiration of the Term hereof, and acceptance (ii) Tenant will be responsible for removing all Telecom Equipment installed by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After at Tenant’s request at the expiration or earlier termination of the Term, or termination of Tenant’s right to possession of the Premises, in accordance with Section 26.6 below. Any of Tenant’s property remaining in the Premises after the expiration or earlier termination of the Term, or termination of Tenant’s right to possession of the Premises, will be conclusively deemed to have been abandoned by Tenant and may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord without notice or obligation to account to or compensate Tenant, and Tenant will pay Landlord on demand all reasonable costs incurred by Landlord relating to such abandoned property, including the cost to remove or demolish such property. Tenant’s obligations under this Section 15.1 will survive the expiration or early termination of this Lease and no surrender of possession of the Premises by Tenant will limit Tenant’s liability under this Lease, Tenant shall execute, acknowledge and deliver to . No act or thing done by Landlord or Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in ’s agents during the State Term of California, to remove the cloud or encumbrance created by this Lease from will be deemed an acceptance of a surrender of the real property containing Premises, unless in writing signed by Landlord. The delivery of the keys to an employee or agent of Landlord will not operate as a termination of this Lease or a surrender of the Premises.
Appears in 1 contract
Sources: Lease Agreement (Exelixis, Inc.)
Surrender. Tenant agrees on On the last day of the Lease Term, or on the sooner termination Term of this Lease, to including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises promptly and peaceably to Landlord all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair (damage by Acts of God repair, fire and normal other unavoidable casualty, and reasonable wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all . All alterations, additions, and improvements other than business and trade fixtures which may have been be made in, to, or on installed by either Landlord or Tenant upon the Leased Premises (except moveable or in common areas including business and trade fixtures installed by Tenant pursuant to Section 3.5, shall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination Term of this Lease, whether by the elapse of time or otherwise, all without compensation or credit to Tenant. Tenant shall remove all of Tenant’s equipment and personal property and trade fixtures from shall repair any damage occasioned by such removal. Tenant may elect to surrender any chemical fume hoods installed and considered in fair condition at the Premises (unless otherwise agreed to in writing by Landlord), and all time of surrender within the Leased Premises. Any personal property not so removed on or before the end of the term or sooner termination of this Lease by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Tenant and title to same shall thereupon (at Landlord’s option) pass , or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end place then fixed for the payment of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance rent of the keys to the Premises, or otherwise, Leased Premises shall be deemed to be or constitute an surrender of the premises by Tenant and acceptance of the surrender of the Premises keys by Tenant prior to the expiration of the Term hereof, and Landlord shall constitute acceptance by Landlord of surrender such surrender. Such acceptance by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease Landlord shall not work as constitute a merger with respect waiver of any rights to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination recover damages under terms of this Lease, Tenant . This method of surrender shall execute, acknowledge not be exclusive and deliver shall be in addition to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or all other document required by any reputable title company, licensed to operate in the State methods of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisessurrender.
Appears in 1 contract
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After Upon the expiration or earlier termination of this Lease, Tenant shall executesurrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof, acknowledge including, but not limited to, all interior walls cleaned, all interior painted surfaces repainted in the original color, all holes in walls repaired, all carpets shampooed and deliver cleaned, all HVAC equipment in operating order and in good repair, and all floors cleaned, waxed, and free of any Tenant-introduced marking or painting, all to the reasonable satisfaction of Landlord, . Tenant shall not commit or allow any waste or damage to be committed on any portion of the Premises or Building. All property that Tenant is required to surrender shall become Landlord's property upon the termination of this Lease. Landlord may cause any of said personal property that is not removed from the Premises within ten thirty (1030) days after the date of any termination of this Lease to be removed from the Premises and store at Tenant's expense, or at Landlord's election said personal property thereafter shall belong to Landlord without the payment of any consideration, subject to the rights of any person holding a perfected security interest therein. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall give written demand from notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant's failure to give such notice or participate in such joint inspection, any quitclaim deed Landlord's inspection at or other document required by any reputable title company, licensed to operate in after Tenant's vacating the State Premises shall conclusively be deemed correct for purposes of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesdetermining Tenant's responsibility for repairs and restoration.
Appears in 1 contract
Sources: Lease (Circuit Research Labs Inc)
Surrender. Tenant agrees on Sublessee shall, upon the last day of the Lease Term, or on the sooner termination of this Sublease and in accordance with all of the terms of this Sublease and the Lease, to vacate and surrender the Premises promptly to Sublessor in the condition required pursuant to the Lease. Sublessee acknowledges that Sublessee shall be solely responsible for any and peaceably all restoration obligations with respect to Landlord in good condition and repair (damage the Premises imposed upon Sublessor as tenant under the Lease. Sublessee’s obligation to observe or perform this covenant shall survive the Expiration Date or such other date of earlier termination of this Sublease. Any personal property owned by Acts of God and normal wear and tear excepted)Sublessee, including without limitation: all interior walls cleaned; all tile floors cleanedif any, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or shall remain on the Premises (except moveable trade fixtures installed after the expiration or early termination of this Sublease and the removal of Sublessee from the Premises may, at the option of Sublessor, be deemed to have been abandoned by Sublessee, In such event, Sublessor shall have the right to either retain such personal property as its sole property or to remove and dispose of such personal property without accountability at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires Sublessee, as Sublessor sees fit. If Sublessee fails to have remove any property or restore the Premises as required hereunder or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by any such removal at Tenant’s sole costand/or restoration . required hereunder, then Sublessor may so remove, restore, or repair the same and Sublessee shall reimburse Sublessor for all reasonable and necessary costs Sublessor incurs therefrom. If the Premises be are not surrendered at upon the end Expiration Date or such other date of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Sublease in accordance with the terms hereof, Sublessee shall and does hereby indemnify and hold Sublessor harmless from any claims or demands which may arise out of Sublessee’s continued occupancy of the Premises, including all direct damages of Sublessor (including all sums Sublessor is required to pay under the terms of the Lease, Tenant shall execute, acknowledge ) and deliver any liability accruing to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in Lessor under the State Lease and all attorney’s fees and costs associated with recovering possession of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Surrender. Tenant agrees on 11.1 On the last day Expiration Date, or upon the earlier termination of the Lease TermSublease or of Subtenant’s right to possession of the Premises, or on Subtenant will at once surrender and deliver up the sooner termination of this LeasePremises, together with all improvements thereon, to surrender the Premises promptly and peaceably to Landlord Sublandlord in good condition and repair (damage by Acts of God and normal repair, reasonable wear and tear excepted); conditions existing because of Subtenant’s failure to perform maintenance, including without limitation: all interior walls cleaned; all tile floors cleanedrepairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and tear;” conditions existing because of Master Landlord’s or Sublandlord’s failure to perform maintenance, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, torepairs, or replacements as required under this Sublease or the Master Lease shall not be the responsibility of Subtenant under this Section 11.1. Subtenant shall surrender to Sublandlord all keys to the Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Premises.
11.2 In the event that Subtenant remains in possession of the Premises (except moveable trade fixtures installed at pursuant to Subtenant’s notice as provided in Section 3.1 herein) commencing the expense of Tenant); provided that Tenant shall ascertain from Landlord within date following the Expiration Date, Subtenant will not be required to remove any Alterations made in the Premises prior to the Expiration Date so long as Subtenant provides to Sublandlord, thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination Expiration Date, written consent of this Lease at Tenant’s sole cost both Overlandlord and expense. Tenant shall, on Master Landlord that neither Sublandlord or before Subtenant shall not be required to remove any such Alterations and a release by Master Landlord in favor of Sublandlord for any restoration and surrender obligations of Sublandlord pursuant to the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end terms of the term or sooner termination Master Lease. Sublandlord agrees to cooperate with Subtenant to assist Subtenant in obtaining such release of this Lease shall be deemed abandoned Sublandlord and any consents required of Master Landlord and Overlandlord in respect of surrender of the space by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered Sublandlord at the end of the Master Lease term or sooner termination with all Alterations and all Master Lease improvements in place. In the event Subtenant does not provide Sublandlord notice of this Leaselease with Overlandlord pursuant to Section 3.1, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant if Subtenant performs any Alterations in so surrendering the Premises, includingSubtenant shall be obligated to remove such Alterations and restore the Premises to the condition existing as of the date of delivery of the Premises to Subtenant (including the commencement of any Early Entry Period). All or a part of the Alterations, if any, permitted to remain by Sublandlord’s written consent at the end of the Term in or upon the Premises made by Subtenant shall become a part of and shall remain upon the Premises upon such termination or expiration of this Sublease without limitationcompensation, allowance or credit to Subtenant. Said right shall be exercisable by Sublandlord’s giving written notice thereof to Subtenant not less than twenty (20) days prior to such Expiration Date or more than twenty (20) days after any loss earlier termination. Subtenant shall repair any damage occasioned by such removal or restoration. If Sublandlord or Master Landlord requires removal of rentany Alteration made by Subtenant, damages or a portion thereof, and Subtenant does not make such removal in accordance with this Section, Sublandlord may remove the same (and repair any damage occasioned thereby), and dispose thereof, or at its election, warehouse the same. Subtenant shall pay the costs of such removal, repair and warehousing on demand.
11.3 As between Sublandlord and Subtenant, Subtenant shall not be required to remove any alterations performed by Sublandlord or any claims made by any succeeding tenant founded on such delay. No act or conduct other party prior to the date of Landlord, whether consisting delivery of the acceptance Premises (including the commencement of any Early Entry Period) or to restore the Premises to their condition prior to Sublandlord’s making of such alterations.
11.4 On the Expiration Date, or upon the earlier termination of the keys Sublease or of Subtenant’s right to possession of the Premises, Subtenant shall remove Subtenant’s articles of personal property and fixtures incident to Subtenant’s business (“Subtenant’s Property”); provided, however that Subtenant shall repair any injury or otherwise, shall be deemed damage to be or constitute an acceptance of the surrender of the Premises by Tenant which may result from such removal, and shall restore the Premises to the same condition as prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow installation thereof. If Subtenant does not remove Subtenant’s Property from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant on or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At before the option of Landlord, any Expiration Date or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this LeaseSublease, Tenant shall executeSublandlord may, acknowledge and deliver to Landlordat its option, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud same (and repair any damage occasioned thereby and restore the Premises as aforesaid) and dispose thereof or encumbrance created warehouse the same, and Subtenant shall pay the cost of such removal, repair, restoration or warehousing to Sublandlord on demand, or Sublandlord may treat said Subtenant’s Property as having been conveyed to Sublandlord with this Sublease acting as a ▇▇▇▇ of sale therefor, without further payment or credit by this Lease from the real property containing the PremisesSublandlord to Subtenant.
Appears in 1 contract
Surrender. (a) On the date on which this Lease expires or terminates, Tenant agrees on the last day shall return possession of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal broom-clean condition, except for ordinary wear and tear excepted)tear, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and Landlord’s repair, including maintenance and replacement of any burned out discolored or broken light bulbs, ballasts obligations and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided casualty damage that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires is not required to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of remedy under this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior Prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall executeremove from the Property all furniture, acknowledge trade fixtures, equipment, wiring and deliver cabling (unless Landlord directs Tenant otherwise), and all other personal property installed by or on behalf of Tenant or its assignees or subtenants. Tenant shall repair any damage resulting from such removal and shall restore the Property to good order and condition. Any of Tenant’s personal property not removed as required shall be deemed abandoned, and Landlord, within ten at Tenant’s expense, may remove, store, sell or otherwise dispose of such property in such manner as Landlord may see fit and/or Landlord may retain such property or sale proceeds as its property. If Tenant does not return possession of the Premises to Landlord in the condition required under this Lease, Tenant shall pay Landlord all resulting damages Landlord may suffer.
(10b) days If Tenant remains in possession of the Premises after written demand the expiration or termination of this Lease, Tenant’s occupancy of the Premises shall be that of a tenancy at will. Tenant’s occupancy during any holdover period shall otherwise be subject to the provisions of this Lease (unless clearly inapplicable), except that the Monthly Rent shall be 150% of the Monthly Rent payable for the last full calendar month immediately preceding the holdover. No holdover or payment by Tenant after the expiration or termination of this Lease shall operate to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Any provision in this Lease to the contrary notwithstanding, any holdover by Tenant shall constitute a default on the part of Tenant under this Lease entitling Landlord to Tenantexercise, without obligation to provide Tenant any quitclaim deed notice or other document required by any reputable title companycure period, licensed all of the remedies available to operate Landlord in the State event of Californiaa Tenant default, to remove and Tenant shall be liable for all damages, including consequential damages, that Landlord suffers as a result of the cloud or encumbrance created by this Lease from the real property containing the Premisesholdover.
Appears in 1 contract
Surrender. Tenant agrees on Upon the last day of the Lease Term, expiration or on the sooner termination of this Lease, to Tenant shall surrender the Premises promptly and peaceably all Alterations to Landlord broom-clean and in good condition and repair (damage by Acts of God and normal their original condition, except for reasonable wear and tear excepted)tear, including without limitation: all interior walls cleaneddamage from casualty or condemnation, Hazardous Materials not caused by Tenant or Tenant's Agents and any changes resulting from approved Alterations; all tile floors cleanedprovided, all carpets cleaned and shampooed; all brokenhowever, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the expiration or termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, shall remove all of telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant’s 's personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), any Trade Fixtures and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Alterations that Landlord has elected to require Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole costremove as provided in Section 6.1 - Tenant Improvements & Alterations, and repair any damage caused by such removal at Tenant’s sole costremoval. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises be not surrendered at for the period from the end of the term Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or sooner termination dispose of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages all or any claims made by any succeeding tenant founded on portion of such delay. No act or conduct of Landlord, whether consisting of property if Tenant does not pay all such costs and retrieve the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, property within ten (10) days after written demand notice from Landlord (in which event title to all such property described in Landlord's notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord's removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant's possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any quitclaim deed other part of the Building and shall deliver to Landlord all keys for or other document required by any reputable title companymake known to Landlord the combination of locks on all safes, licensed to operate cabinets and vaults that may be located in the State Premises. Tenant's obligations under this Section shall survive the expiration or termination of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesLease.
Appears in 1 contract
Surrender. Tenant agrees on shall, upon the last day of the Lease Term, expiration or on the sooner earlier termination of this Lease, to peaceably surrender the Premises promptly Leased Premises, including any Tenant Improvements, in a broom clean condition and peaceably to Landlord otherwise in as good condition and repair as when Tenant took possession, except for (damage by Acts of God and normal i) reasonable wear and tear excepted)subsequent to the last repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, and (iii) loss by condemnation. If Tenant shall abandon, vacate or surrender the Leased Premises, or be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned storage costs and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement cost of repairing any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on damage to the Leased Premises and/or the Building caused by such removal shall be paid by Tenant within ten (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (3010) days before after receipt of Landlord's statement. Upon the end of the term of this Lease whether Landlord desires to have the Premises expiration or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the earlier termination of this Lease, remove Tenant shall surrender to Landlord all of Tenant’s personal property keys to the Leased Premises and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end shall inform Landlord of the term combination of any vaults, locks and safes left on the Leased Premises. The obligations of Tenant under this Article 15 shall survive the expiration or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon earlier termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against any loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant Tenant founded on such delay. No act or conduct Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Leased Premises for the express purpose of Landlord, whether consisting arranging a meeting with Landlord for a joint inspection of the acceptance Leased Premises. In the event of Tenant's failure to give such notice or to participate in such joint inspection, Landlord's inspection at or after Tenant's vacation of the keys to the Premises, or otherwise, Leased Premises shall be conclusively deemed to be or constitute an acceptance correct for purposes of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, determining Tenant's liability for repairs and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of restoration under this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Sources: Office Lease (Ip Voice Com Inc)
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to No act by Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination an acceptance of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end a surrender of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys and no agreement to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the accept a surrender of the Premises by Tenant prior to the expiration of the Term hereof, shall be valid unless it is in writing and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary or other surrender of the Premises this Lease by Tenant Tenant, or a mutual cancellation of this Lease thereof, shall not work as constitute a merger with respect to such Lease. At merger, and shall, at the option of Landlord, operate as an assignment to Landlord of any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may electsubtenancies. After Upon the expiration or earlier termination of this Lease, Tenant shall executeagrees to peaceably surrender the Premises and all improvements therein to Landlord broom clean and in a state of good order, acknowledge repair and deliver condition, ordinary wear and tear and casualty damage not caused by Tenant (if this Lease is terminated as a result thereof pursuant to Paragraph 16.5) excepted, but in any event with the plumbing, heating, ventilation and air conditioning systems in good working order, together with all of Tenant’s personal property removed from the Premises (except as Landlord may elect as hereinafter provided) and all damage caused by such removal repaired as required by Paragraph 9. At least ninety (90) days prior to the date Tenant is to actually surrender the Premises to Landlord, within ten (10) days after written demand from Tenant agrees to give Landlord notice of the exact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify personal property which are to remain upon the Premises and which are to be removed by Tenant, as well as any quitclaim deed or other document repairs Tenant is to make upon surrender of the Premises as required by any reputable title companythis Lease. During such ninety (90) day period, licensed Landlord may, at its option, and at Landlord’s sole cost and expense, retain the services of one or more inspectors or consultants to operate inspect the Premises and all equipment and fixtures located therein to determine if they are in the State condition required for proper surrender by Tenant. If any such inspections disclose any material deficiencies in the condition of Californiathe Premises from that required above, Tenant will promptly cause the same to be corrected in a good and workmanlike manner at Tenant’s sole cost and expense prior to the surrender date. The delivery of keys to any employee of Landlord or to Landlord’s agent or any employee thereof alone will not be sufficient to constitute a termination of this Lease or a surrender of the Premises. All personal property and fixtures of Tenant not so removed shall, to remove the cloud extent permitted under applicable Laws, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or encumbrance created otherwise disposed of by this Lease from the real property containing the PremisesLandlord without notice to Tenant and without any obligation to account for such items.
Appears in 1 contract
Sources: Office Lease (Zones Inc)
Surrender. Tenant agrees on A. On or before the last day of the Lease Term, Expiration Date or on the any sooner termination of this LeaseSublease, Subtenant shall remove all of its trade fixtures, personal property and all alterations constructed by Subtenant in the Subleased Premises which are required to be removed under the terms of this Sublease or the Master Lease and shall surrender the Subleased Premises promptly and peaceably to Landlord Sublandlord in good condition condition, order and repair (damage by Acts of God and normal reasonable wear and tear and damage by casualty or condemnation excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler fully decommissioned and other systems left in good working order and repair, including replacement free of any burned out discolored Hazardous Substances used, stored, released, emitted or broken light bulbsdisposed of by Subtenant or its agents, ballasts and lenses; together with all alterationsemployees, additions, and improvements which may have been made in, to, contractors or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant invitees. Subtenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage to the Subleased Premises caused by such Subtenant’s removal at Tenant’s sole costof its personal property, furnishings and equipment. If the Subleased Premises are not so surrendered, then Subtenant shall be not surrendered liable to Sublandlord for all costs incurred by Sublandlord in returning the Subleased Premises to the required condition, plus interest thereon at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the Interest Rate.
B. In connection with its surrender of the Premises by Tenant Subleased Premises, Subtenant shall submit to Sublandlord, at least fifteen (15) days prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation date of this Lease shall not work as a merger with respect to such Lease. At Sublease (or in the option event of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or an earlier termination of this LeaseSublease, Tenant shall executeas soon as reasonably possible following such termination), acknowledge an environmental assessment of the Subleased Premises by a competent and deliver experienced environmental engineer or engineering firm reasonably satisfactory to LandlordSublandlord (pursuant to a contract approved by Sublandlord and providing that Sublandlord can rely on the environmental assessment). If such environmental assessment reveals that removal, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed remediation or other document clean-up is required under any applicable laws, rules, regulations, orders, permits or licenses, Subtenant shall submit a remediation plan prepared by any reputable title companya recognized environmental consultant and shall be responsible for all costs of such removal, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesremediation and clean-up.
Appears in 1 contract
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the On expiration or earlier termination of this Lease, Tenant shall executesurrender to Landlord the Premises, acknowledge and deliver all Tenant's improvements thereto and alterations thereof, broom clean and in good condition (except for ordinary wear and tear occurring after the last necessary maintenance made by Tenant, for destruction to Landlordthe Premises covered by Article 18 of this Lease, and for alterations that Tenant has the right to remove or is obligated to remove, so long as Tenant repairs any damage to the Premises under the provisions of this Article or Article 15), and shall remove all of its personal property including any signs, notices and displays. Tenant shall perform all restoration made necessary by the removal of any such improvements or alterations or personal property, prior to the expiration of the Lease term. If any such removal would damage the Building structure, Tenant shall give Landlord prior written notice thereof and Landlord may elect to make such removal at Tenant's expense. Landlord may retain or dispose of in any manner any such improvements or alterations or personal property that Tenant does not remove from the Premises within ten five (105) days after written demand from Landlord to Tenant, any quitclaim deed expiration or other document termination of the term as allowed or required by this Lease. Title to any reputable title companysuch improvements or alterations or personal property that Landlord so elects to retain or dispose of shall vest in Landlord. Tenant waives all claims against Landlord for any damage or loss to Tenant arising out of Landlord's retention or disposition of any such improvements, licensed alterations or personal property. Tenant shall be liable to operate in Landlord for Landlord's costs of storing, removing and disposing of any such improvements, alterations or personal property. If Tenant fails to surrender the State Premises to Landlord on expiration or termination of California, to remove the cloud or encumbrance created Lease as required by this Lease Article, Tenant shall indemnify, defend and hold Landlord harmless from the real property containing all damages, loss, cost and expense (including attorney's fees) arising out of or in connection with Tenant's failure to surrender the Premises.
Appears in 1 contract
Surrender. Upon Lease termination, Tenant agrees on shall quit and surrender the Premises free and clear of all tenants, occupants, liens, and encumbrances whatsoever except (i) Permitted Exceptions and (ii) encumbrances restrictions or reservations caused by or consented to in writing by Landlord. Tenant shall, subject to the provisions of Section 10 and 11 hereof, surrender the Premises to Landlord broom clean and in good order, condition and repair, reasonable wear and tear excepted, with all Tenant's signs, furniture, trade fixtures, equipment and other personal property removed. Any of Tenant's furniture, trade fixtures, equipment or other personal property which is not removed from the Premises by the termination date shall be deemed abandoned to Landlord and Landlord may dispose of the same as it sees fit, at Tenant's expense. All alterations which Landlord has designated in writing for removal by Tenant pursuant to Section 6.2 shall be removed by Tenant except that if having so designated an alteration for removal, Landlord thereafter gives notice to Tenant at least six (6) months before the expiration of the Lease Term that Landlord would be willing to let such alteration remain after the expiration of the Lease Term, then Tenant may elect whether to remove such alteration or leave it as part of the Premises upon the expiration of the Lease Term. Tenant shall repair any damage caused by the removal of any alterations or any of Tenant's furrliture, trade fixtures, equipment or other personal property and restore the building or the surface of the Real Property, as the case may be, to substantially the condition in which it was prior to such removal. At any time during the last day six (6) months prior to tbe expiration or termination of the Lease Term, or on after the sooner termination Term has ended, Landlord may have an environmental assessment of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted)peRormed, including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s Landlord's sole cost and expense. Tenant shallshall peRorm, on at it sole cost and expense, any cleanup or before remedial work required applicable laws and recommended by the termination consultant that performed the environmental assessment to remove, mitigate or remediate any hazardous substances contamination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises which, based on such envirormental assessment, is determined (unless otherwise agreed or reasonably concluded) to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned have been introduced by Tenant and title or its agents, employees, contractors, or invitees. Prior to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination surrendering possession of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys Tenant shall also remove to the Premisesextent required by applicable laws and to the extent installed by Tenant any personal property, equipment, fixture and/or storage device or otherwise, shall be deemed to be vessel on or constitute an acceptance of the surrender of about the Premises which is contaminated by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premiseswhich contains hazardous substances.
Appears in 1 contract
Sources: Lease Agreement (Emeritus Corp\wa\)
Surrender. Tenant agrees on 19.1 At the last day of the Lease Term, expiration or on the sooner other termination of this Lease, to Tenant shall surrender the Premises promptly and peaceably to Landlord in as good order and condition and repair (damage by Acts as they were at the commencement of God and normal the Term or may be put in thereafter in accordance with this Lease, reasonable wear and tear and (other than for any Restoration required by the terms of this Lease) damage to the Premises by any Major Condemnation of the Premises excepted. All alterations, except Tenant’s furniture, trade fixtures, satellite communications dish and equipment, computer and other similar moveable equipment and shelving (“trade fixtures”), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned shall become the property of Landlord and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler shall remain upon and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together be surrendered with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed as a part thereof at the expense termination or other expiration of Tenant); provided that the Term. At the expiration or termination of the Term, Tenant shall ascertain remove its trade fixtures, as well as its Signs and identification marks, from Landlord the Premises. Tenant agrees to repair any and all damage caused by such removal. Trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days before after the end earlier termination of the term Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. The provisions of this Lease whether Landlord desires to have Section 19.1 shall survive the Premises termination or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the expiration of this Lease.
19.2 Upon termination of this Lease at Tenant’s sole cost and expense. for any reason, Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from will return to Landlord the Premises (unless otherwise agreed to in writing licensed by Landlord), the State of Oregon and by any and all property not so removed on or before governmental agencies having jurisdiction over the end Premises as a skilled nursing facility and/or intermediate nursing care facility for the Fernhill Facility and the Pacific Facility and an intermediate nursing care facility for the Sheridan Facility with at least the Minimum Licensed Beds for each Facility (subject to any reduction in the number of licensed beds required by any governmental authority solely as a result of changes in laws, rules and regulations relating to the physical attributes of the term or sooner termination improvements on the Premises) with an unrestricted license in full force and good standing for no less than the Minimum Licensed Beds (subject to any reduction in the number of this Lease shall be deemed abandoned licensed beds required by Tenant any governmental authority solely as a result of changes in laws, rules and title regulations relating to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end physical attributes of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering improvements on the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After ).
19.3 Upon the expiration or earlier termination of this Lease, Tenant shall executeenter into an operating transition agreement (the “OTA”) with Landlord in order to provide for the orderly transition of the operation of each Facility following the termination of this Lease. The OTA shall provide for a procedure for the assignment and assumption of all resident agreements, acknowledge operating agreements and deliver other agreements that Landlord elects to Landlordhave assigned from Tenant. In addition, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State OTA shall address the transition of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premiseslicensing requirements for each Facility under all applicable Legal Requirements.
Appears in 1 contract
Sources: Lease Agreement (Cornerstone Core Properties REIT, Inc.)
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to Upon the termination of this Lease at Tenant’s sole cost and expense. Tenant shallwhether by forfeiture, on lapse of time or before otherwise, or upon the termination of this LeaseTenant's right to possession of the Premises, remove Tenant will at once surrender and deliver up the Building and the Premises, together with all improvements thereon, to Landlord, broom clean, in good order, condition and repair, reasonable wear and tear excepted. "Broom clean" means free from all debris, dirt, rubbish, equipment, and personal property of Tenant’s personal property , both inside the Building and trade fixtures from on the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before grounds comprising the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to TenantPremises. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any Any damage caused by such the removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, including any loss damages caused by removal of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwiseTenant's equipment, shall be deemed to be or constitute an acceptance of the surrender of the Premises repaired and paid for by Tenant prior to the expiration of the Term hereofof this Lease. In the event any improvements, and acceptance by Landlord of surrender fixtures, or equipment which Tenant is required to remove hereunder are not removed by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender at the time of the Premises by Tenant or a mutual cancellation expiration of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination Term of this Lease, Tenant shall executepay an allocated rent which is based on the area of the Premise which is unavailable to Landlord as a result of such improvements, acknowledge fixtures, and equipment until such improvements, fixtures or equipment are removed. Any holding over by Tenant of the Premises after the expiration of the Term of this Lease shall operate and be construed to be a tenancy from month-to-month only, at double the monthly rate of rent and other charges payable hereunder for the Lease Term. Nothing contained in this Paragraph 23 shall be construed to give Tenant the right to hold over at any time, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises as well as any damages incurred by Landlord due to Tenant's failure to vacate the Premises and deliver possession to Landlord, within ten (10) days after written demand from Landlord as herein provided. In the event Landlord consents to Tenant's holdover in writing prior to the commencement of such holdover, any quitclaim deed or other document required by any reputable title companyTenant shall be considered to be a month-to-month Tenant and all of the terms, licensed to operate in the State covenants, and conditions of California, to remove the cloud or encumbrance created by this Lease from including the real property containing the Premisesrent to be paid by Tenant shall remain unchanged for such tenancy.
Appears in 1 contract
Sources: Building Lease (Sonic Foundry Inc)
Surrender. Tenant agrees on On the last day of the Lease Term, or on the sooner termination Term of this Lease, to including any option term, or upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises promptly and peaceably to Landlord all improvements thereon in the same condition as at the commencement of this Lease, in good order, condition and repair (damage by Acts of God repair, fire and normal other unavoidable casualty, and reasonable wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all . All alterations, additions, additions and improvements (other than Tenant’s business and trade fixtures) which may have been be made inor installed by either Landlord or Tenant upon the Leased Premises. Common Areas shall remain the property of Landlord and shall remain upon and be surrendered, towithout disturbance, molestation or on the Premises (except moveable trade fixtures installed injury at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination Term of this Lease, remove whether by the elapse of time or otherwise, all of without compensation or credit to Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on . On or before the end last day of the term or sooner termination of this Lease Term, Tenant shall remove all equipment and personal property from the Leased Premises and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof with interest at the rate of ten (10%) percent per annum from the date of such removal by Tenant and title to same shall thereupon (at Landlord’s option) pass , or the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end place then fixed for the payment of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance rent of the keys to the Premises, or otherwise, Leased Premises shall be deemed to be or constitute an surrender of the premises by Tenant and acceptance of the surrender of the Premises keys by Tenant prior to the expiration of the Term hereof, and Landlord shall constitute acceptance by Landlord of surrender such surrender. Such acceptance by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease Landlord shall not work as constitute a merger with respect waiver of any rights to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination recover damages under terms of this Lease, Tenant . This method of surrender shall execute, acknowledge not be exclusive and deliver shall be in addition to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or all other document required by any reputable title company, licensed to operate in the State methods of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisessurrender.
Appears in 1 contract
Sources: Lease Agreement (Cellular Dynamics International, Inc.)
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant Sub-subtenant shall, on or before the termination of this LeaseExpiration Date, remove all of Tenant’s personal property and property, furniture, trade fixtures from and other equipment, provided that the Premises (unless otherwise agreed to in writing removal of the same does not adversely affect the Building structure or any Building operating system or is not prohibited by Landlord)the Master Lease, and that Sub-subtenant promptly repairs any damage to the Building structure or its operating systems caused by such removal pursuant to the requirements of the Master Lease. In the event that Sub-subtenant fails to remove any such items as required by this Section 4.2 by the Expiration Date, all property not so removed such items remaining on the Sub-subleased Premises after the Expiration Date shall be deemed abandoned and Sublandlord may dispose of such items as it sees fit, without liability to Sub-subtenant. Sub-subtenant shall also be responsible for the removal, on or before the end Expiration Date, of all alterations as required under the Master Lease installed by Sub-subtenant pursuant to this Sub-sublease and shall be responsible for any associated repair or restoration of the term or sooner termination Sub-subleased Premises required under the Master Lease. In all other respects, Sub-subtenant shall deliver the Sub-subleased Premises broom clean, in its condition as of this Lease the Commencement Date, reasonable wear and tear and casualty excepted. In no event shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord maySub-subtenant remove any of the plumbing, upon termination of this Leaseelectrical, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole costdata lines, and repair any damage caused by such removal at Tenant’s sole costHVAC system(s), except as otherwise required pursuant to this Section 4.2. If the Premises be not surrendered at the end Sub-subtenant shall vacate and deliver possession of the term Sub-subleased Premises free of all liens, charges or sooner termination encumbrances resulting from any act or omission on Sub-subtenant’s part, and free and clear of any and all violations of any law, rule or regulation of any federal, state, municipal or other agency or authority by reason of Sub-subtenant’s actions or failures to fulfill any of its obligations under this Lease, then Tenant Sub-sublease (“Violations”). Sub-subtenant shall indemnify Landlord Sub-sublandlord against loss any and all loss, expense, damage, costs or liability resulting from attorneys’ fees arising out of Violations occurring any time on or after the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by LandlordCommencement Date. The voluntary or other surrender of the Premises this Sub-sublease by Tenant Sub-subtenant, or a mutual cancellation of this Lease thereof, shall not work as a merger with respect automatically terminate any sub-sub-subleases or subsequent tenancies or other agreements by which Sub-subtenant has granted rights to such Lease. At third parties to all or any part of the Sub-subleased Premises, but shall, at the option of LandlordSub-sublandlord, either (1) terminate all or any existing Sub-subleases or Sub-subtenancies or such other agreements, or (2) operate as an assignment to Sub-sublandlord of any or all existing subleases shall either terminate such reletting or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or such other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesagreements.
Appears in 1 contract
Surrender. Tenant agrees on 26.01 On the last day of the Lease TermExpiration Date, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of upon any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall executequit and surrender the Demised Premises to Landlord “broom-clean and in good order, acknowledge condition and repair, except for ordinary wear and tear and such damage or destruction as Landlord is required to repair or restore under this Lease, and Tenant shall remove all of Tenant’s property therefrom except as otherwise expressly provided in this Lease. Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Demised Premises on any such termination date.
26.02 If Tenant remains in possession of the Demised Premises after the expiration of the Term, Tenant shall be deemed to be occupying the Demised Premises as a tenant from month to month at the sufferance of Landlord subject to all of the provisions of this Lease, except that the monthly Fixed Rent shall be twice the Fixed Rent in effect during the last month of the Term.
26.03 No act or thing done by Landlord or its agents shall be deemed an acceptance of a surrender of the Demised Premises, and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord. Tenant hereby waives any notice now or hereafter required by law with respect to vacating the Demised Premises on any such termination date.
26.04 On the last day of the Term or upon any earlier termination of the lease, or upon re-entry by Landlord upon the Demised Premises pursuant to Article 28 hereof, Tenant shall deliver to Landlord T▇▇▇▇▇’s executed counterparts of all Subleases and any service and maintenance contracts then affecting the Demised Premises, true and complete maintenance records of the Demised Premises, all original licenses and permits then pertaining to the Demised Premises, permanent or temporary certificates of occupancy then in effect for the Building, and all warranties and guarantees then in effect which T▇▇▇▇▇ has received in connection with any work or services performed or equipment installed in the Building together with a duly executed assignment thereof to Landlord, within ten (10) days after written demand from Landlord all financial reports, books and records required hereunder and other documents of every kind and nature whatsoever relating to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Demised Premises.
Appears in 1 contract
Surrender. Tenant agrees on the last day of the Lease Termshall, upon expiration or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably premises to Landlord in good the same condition and repair as existed upon completion of the Tenant Improvements (damage by Acts of God and normal reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant excepted), including without limitation: ) with all interior walls cleaned; all tile floors cleaned, all carpets cleaned HVAC equipment in operating order and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that . Tenant shall ascertain from at such time also surrender to Landlord within thirty such alterations (30as defined in Paragraph 9) days before as Landlord does not require Tenant to remove (or which Tenant has the end of the term of this Lease whether Landlord desires right to have the Premises or any part(sremove) thereof restored to their original condition and configuration as when the Premises was delivered to in accordance with Paragraph 9.6 above. Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the expiration or sooner termination of this Lease, shall remove all of Tenant’s its personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord)premises, and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant. Tenant and title to same shall thereupon (at Landlord’s option) pass be liable to Landlord without compensation to Tenant. Landlord may, upon termination for costs of this Lease, remove, store, retain and/or sell all moveable personal property and removal of any such abandoned trade fixtures so abandoned by or equipment of Tenant, at Tenant’s sole cost, and repair or of any damage caused alterations Tenant fails to remove if so required by such removal at Tenant’s sole costLandlord. If the Premises be premises are not so surrendered at the end of the term expiration or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premisespremises, including, including without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay, losses to Landlord due to lost opportunities to lease to succeeding tenants, and reasonable attorneys' fees and costs. No act or conduct of Landlord, whether consisting of the acceptance of the All keys to the Premises, premises or otherwise, any part thereof shall be deemed surrendered to be Landlord upon expiration or constitute an acceptance sooner termination of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesterm.
Appears in 1 contract
Sources: Sublease and Lease Agreement (Inhale Therapeutic Systems)
Surrender. Tenant agrees on 19.01 - On the last day of the Lease Termterm demised, or on the sooner termination of this Leasethereof, to Tenant shall peaceably surrender the Premises promptly and peaceably to Landlord broom clean, in good order, condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on On or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end last day of the term or the sooner termination of this Lease thereof, Tenant shall, at its expense, remove its trade fixtures and signs from the Premises, and any property not removed shall be deemed abandoned and may be removed and disposed of by Landlord and the expense of such removal shall be paid to Landlord by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination any setoff for the salvage value of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures goods so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole costremoved. If the Premises be not surrendered at the end of the term or the sooner termination of this Leasethereof, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant Tenant founded on such delay. No act Tenant shall promptly surrender all keys for the Premises and Building bathrooms to Landlord at the place then fixed for payment of rent. Tenant's covenants hereunder shall survive the expiration or conduct termination of Landlord, whether consisting this Lease.
19.02 - If the Tenant shall occupy the Premises with the consent of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to Landlord after the expiration of the Term hereofthis Lease and rent is accepted from said Tenant, such occupancy and acceptance by Landlord of surrender by Tenant payment shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation construed as an extension of this Lease for a term expiring on the last day of the month next following the month in which the said Lease expired, and occupation thereafter shall not work as operate to extend the term of this Lease for but (1) month at a merger with respect time unless other terms of such extension are made in writing and signed by the parties hereto. In such event, if either Landlord or tenant desires to such Lease. At terminate said occupancy at the option end of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After month after the expiration or earlier termination of this Lease, Tenant the party so desiring to terminate the same shall execute, acknowledge and deliver to Landlord, within ten give the other party at least thirty (1030) days after written demand from Landlord notice to Tenant, any quitclaim deed or other document required by any reputable title company, licensed that effect. Failure on the part of the Tenant to operate give such notice shall obligate it to pay rent for an additional calendar month following the month in which the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing Tenant has vacated the Premises.
Appears in 1 contract
Surrender. Tenant agrees on Upon the last day of the Lease Term, or on the sooner termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon termination of Tenant's right to possession of the Leased Premises, Tenant will at once surrender and deliver up the Premises promptly and peaceably Leased Premises, together with all improvements thereon, to Landlord Landlord, broom swept, in good condition and repair (damage by Acts of God and normal repair, reasonable wear and tear and logs by fire or other casualty excepted); it being expressly agreed and understood that conditions existing because of Tenant's failure to perform maintenance, including repairs or replacements as required herein shall not be deemed "reasonable wear and tear." Tenant shall deliver to Landlord all keys to all doors therein. As used in this Section 17.0, the term "improvements" shall include, without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all brokenplumbing, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbinglighting, electrical, lightingheating, fire sprinkler cooling, and other systems left ventilating fixtures and equipment and all Alterations whether or not such Alterations are consented to by Landlord. All Alterations, temporary or permanent, made in good working order or upon the Leased Premises by Tenant (exclusive of Tenant's Trade Fixtures) (as hereinafter defined) shall become Landlord's property and repairshall remain upon the Leased Premises on any such termination without compensation, including replacement allowance or credit to Tenant, provided, however, that Landlord shall have the right to require Tenant to remove any Alterations and to restore the damage occasioned by such removal and restoration. Said right shall be exercised by Landlord's giving written notice thereof to Tenant on or before thirty (30) days after any such termination. If Landlord requires removal of any burned out discolored Alterations and Tenant does not make such removal either in accordance with this Section on or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, before the date of such termination or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenantafter such request, and if Landlord shall so desirewhichever is later, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Leaseat its option, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, remove the same (and repair any damage caused by such removal occasioned thereby) and dispose thereof or, at Tenant’s sole costits election, either deliver the same to any other place of business of Tenant or warehouse the same. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from pay the delay by Tenant in so surrendering the Premisescosts of such removal, includingrepair, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, delivery and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn warehousing to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premiseson demand.
Appears in 1 contract
Surrender. Tenant agrees on Upon the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term expiration or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability surrender the Premises (including the Affixed Equipment) to the District in the condition that existed on the Commencement Date, ordinary wear and tear excepted; provided, however, Tenant shall be entitled to remove any of Tenant’s property located therein and Tenant shall repair any damage resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss such removal. Upon surrender of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender possession of the Premises by and use of the Property, at the request of the District, Tenant prior shall remove any tenant improvements, Trade Fixtures, or Alterations and restore the Premises to the expiration of condition existing upon the Term hereof, and acceptance by Landlord of Commencement Date. If Tenant fails to surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect fails to such Lease. At restore the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the Premises upon expiration or earlier termination of this Lease, Tenant shall executebe in breach of this Lease. Notwithstanding anything to the contrary contained in this Lease, acknowledge if Tenant continues in possession of the Premises following the date that is 15 days following the expiration or termination of this Lease, the monthly Base Rent will increase, automatically and deliver without notice, to Landlordan amount equal to 150% of the Base Rent paid by Tenant immediately prior to such holdover commencing. The Parties agree that the foregoing amount of Base Rent payable during any hold over by Tenant is a reasonable amount. Tenant shall indemnify, within ten (10) days after written demand defend, protect and hold harmless all District Indemnified Parties from Landlord and against any and all Claims whether direct or indirect, known or unknown, or foreseen or unforeseen, which may arise from or be related to Tenant’s continued possession of the Premises. Notwithstanding anything in this Lease to the contrary, any quitclaim deed the foregoing increased rent shall be the District’s sole and exclusive remedy in the event Tenant continues to occupy the Premises at the end of the Term; provided, however, that the District shall retain the right to terminate this Lease or other document required otherwise terminate Tenant’s possession of the Premises at the end of the Term or upon earlier termination of this Lease by any reputable title companylegal means including, licensed to operate in the State of Californiawithout limitation, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesbringing an action for unlawful detainer.
Appears in 1 contract
Sources: Lease Agreement
Surrender. Tenant agrees on Upon the last day expiration or other cancellation or termination of the Lease Term (such date, as applicable, being hereinafter referred to as the “Surrender Date”), Tenant shall vacate and surrender possession of the Premises to Landlord in good order, repair and condition, except for ordinary wear and tear and any other damage which Tenant is not obligated to repair in accordance with the provisions of this Lease. Upon the expiration or other termination of the Term, Tenant shall (a) remove all Alterations to the Premises which are required to be removed by Tenant upon the expiration or on earlier termination of the sooner termination Term pursuant to the provisions of Article 10 or any other applicable provisions of this Lease, to surrender and, in connection with the removal of such Alteration, restore the Premises promptly to the condition existing prior to the installation of such Alterations (it being understood that such removal and peaceably restoration shall be performed subject to Landlord in good condition and repair (damage by Acts the provisions of God and normal wear and tear exceptedArticle 10 of this Lease), including without limitation: and (b) remove all interior walls cleaned; all tile floors cleanedof Tenant’s trade fixtures, all carpets cleaned and shampooed; all brokenoffice furniture, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler office equipment and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on personal property from the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Premises. Tenant shall ascertain from promptly repair any damage caused by such removal or, at Landlord’s option, pay Landlord within thirty (30) days before after demand the end reasonable cost of the term of this Lease whether Landlord desires repairing any damage to have the Premises or Building caused by the removal of any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if such items. Landlord shall so desire, then furnish reasonable supporting documentation for such costs to Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at promptly after Tenant’s sole cost and expenserequest. Tenant shall, on or before the termination of this Lease, remove all Any of Tenant’s personal property and trade fixtures from remaining in the Premises (unless otherwise agreed will be conclusively deemed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed have been abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to may be appropriated, stored, sold, destroyed or otherwise disposed of by Landlord without compensation further notice to Tenant. Landlord may, or demand upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at and without liability or obligation to account to or compensate Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify will pay Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten thirty (1030) days after written demand from all costs incurred by Landlord relating to such abandoned property. Landlord shall furnish reasonable supporting documentation for such costs to Tenant promptly after Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises’s request.
Appears in 1 contract
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After Upon the expiration or earlier termination of this Lease, or upon the exercise by Landlord of Landlord’s right to re-enter the Premises without terminating this Lease, Tenant shall executewill surrender the Premises in the same condition as received or as subsequently improved by Landlord or Tenant, acknowledge except for (i) ordinary wear and tear and (ii) damage by fire, earthquake, acts of God or the elements for which damage Landlord has received all insurance proceeds, and will deliver to Landlord all keys for the Premises and combinations to safes located in the Premises. Tenant will, at Landlord’s option, remove, or cause to be removed, from the Premises or the Building, at Tenant’s expense and as of Expiration Date or earlier termination of this Lease, all signs, notices, displays, millwork, non-movable trade fixtures, or, at the option of Landlord, within any leasehold improvements placed in the Premises by or at the request of Tenant. Tenant agrees to repair, at Tenant’s expense, any damage to the Premises or any other part of the Project resulting from the removal of any articles of personal property, movable business or trade fixtures, machinery, equipment, furniture, movable partitions or tenant improvements, including without limitation, repairing the floor and patching and painting the walls where required by Landlord. Tenant’s obligations under this Section 7.4 will survive the expiration or earlier termination of this Lease. If Tenant fails to remove any item of property permitted or required to be removed at the expiration or earlier termination of the Term, Landlord, may, at Landlord’s option, (a) remove such property from the Premises at the expense of Tenant and sell or dispose of same in such manner as Landlord deems advisable, or (b) place such property in storage at the expense of Tenant. Any property of Tenant remaining in the Premises ten (10) days after written demand from Landlord to Tenant, any quitclaim deed the Expiration Date or other document required by any reputable title company, licensed to operate in the State earlier termination of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.will be deemed to have been abandoned by Tenant. Section Two Page 10 Landlord Initials: /s/ ONB
Appears in 1 contract
Surrender. Tenant agrees on Upon the last day expiration of this Sublease, or upon the termination of the Lease TermSublease or of the Subtenant’s right to possession of the Premises, or on Subtenant will at once surrender and deliver up the sooner termination of this LeasePremises, together with all improvements thereon, to surrender Sublandlord in the condition as existed upon the delivery of the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal Subtenant hereunder, reasonable wear and tear excepted); conditions existing because of Subtenant’s failure to perform maintenance, including without limitation: repairs or replacements as required of Subtenant under this Sublease shall not be deemed “reasonable wear and tear.” Such improvements shall include all interior walls cleaned; all tile floors cleanedplumbing, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbinglighting, electrical, lightingheating, fire sprinkler cooling and ventilating fixtures and equipment and other systems left articles of personal property used in good working order and repair, including replacement the operation of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed as distinguished from Subtenant’s Personal Property (as defined in Section 18)). Subtenant shall surrender to Sublandlord all keys to the Premises and make known to Sublandlord the combination of all combination locks which Subtenant is permitted to leave on the Premises. All Alterations in or upon the Premises made by Subtenant shall become a part of and shall remain upon the Premises upon such termination without compensation, allowance or credit to Subtenant; provided, however, that Sublandlord shall have the right to require Subtenant to remove any Alterations made by Subtenant, or portion thereof if and only to the extent that such Alterations are required to be removed pursuant to the terms of the Prime Lease or Sublandlord advised Subtenant at the expense time Sublandlord consented to such Alteration that Subtenant must remove same at the end of Tenant); provided that Tenant the Term. Such right shall ascertain from Landlord within be exercisable by Sublandlord’s giving written notice thereof to Subtenant on or before thirty (30) days prior to such expiration or on or before twenty (20) days after such termination. Subtenant shall also remove any Alterations made by Subtenant, or portion thereof, which Prime Landlord may require Sublandlord to remove, pursuant to the end terms of the term of this Lease whether Landlord desires to have Prime Lease. In any such event, Subtenant shall restore the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination making of this Lease at Tenant’s sole cost and expensesuch Alteration, repairing any damage occasioned by such removal or restoration. Tenant shallIf Sublandlord or Prime Landlord requires removal of any Alteration made by Subtenant, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord)a portion thereof, and all property Subtenant does not so removed on or before make such removal in accordance with this Section, Sublandlord may remove the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused occasioned thereby), and dispose thereof, or at its election, deliver same to any other place of business of Subtenant, or warehouse same. Subtenant shall pay the costs of such removal, repair, delivery and warehousing on demand. Notwithstanding anything to the contrary in this Sublease, Subtenant shall not be required to remove any alterations performed by such removal at Tenant’s sole cost. If Sublandlord or existing in the Premises be not surrendered at prior to the end Commencement Date. If, however, the term of the term Sublease expires at or sooner termination about the date of this the expiration of the Prime Lease, then Tenant shall indemnify Landlord against loss and if Sublandlord is required under or liability resulting from pursuant to the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting terms of the acceptance of the keys Prime Lease to remove any Alterations performed prior to the PremisesCommencement Date, or otherwise, Subtenant shall be deemed permit Sublandlord to be or constitute an acceptance enter Premises for a reasonable period of the surrender of the Premises by Tenant time prior to the expiration of the Term hereofSublease, subject to such conditions as Subtenant may reasonably impose, for the purpose of removing its Alteration and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of restoring the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premisesrequired.
Appears in 1 contract
Surrender. Tenant agrees on On the last day of the Lease Term, including any option term, or on upon the sooner termination thereof, Tenant shall peaceably and quietly surrender the Leased Premises and all improvements thereon in the same condition as at the commencement of this Lease, to surrender the Premises promptly and peaceably to Landlord in good order, condition and repair (damage by Acts of God repair, fire and normal other unavoidable casualty, and reasonable wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all . All alterations, additions, and improvements other than business and trade fixtures which may have been be made in, to, or on installed by either Landlord or Tenant upon the Leased Premises (except moveable or in common areas including business and trade fixtures installed by Tenant pursuant to Section 3.5, shall remain the property of Landlord and shall remain upon and be surrendered without disturbance, molestation or injury at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at the Term, whether by the elapse of time or otherwise, all without compensation or credit to Tenant’s sole cost and expense. Tenant shallshall remove all equipment and personal property and shall repair any damage occasioned by such removal. Any personal property not removed by Tenant shall be deemed abandoned and shall become the property of Landlord; provided, that the Landlord shall have the option to effect said removals and Tenant shall pay Landlord, on demand, the cost of removal thereof, with interest at the rate of ten (10%) percent per annum from the date of such removal by Landlord, or before the prime interest rate established by U.S. Bank National Association or its successors or assigns, whichever is higher. The delivery to Landlord at the place then fixed for the payment of rent of the keys to the Leased Premises shall constitute surrender of the premises by Tenant and acceptance of the keys by Landlord shall constitute acceptance by Landlord of such surrender. Such acceptance by Landlord shall not constitute a waiver of any rights to recover damages under terms of this Lease. This method of surrender shall not be exclusive and shall be in addition to all other methods of surrender. Anything in this section to the contrary notwithstanding, at any termination of this Lease, remove Landlord shall have a lien upon all of Tenant’s personal the property and trade fixtures of Tenant then located in or upon the Leased Premises to secure the payment of any amounts due from the Premises (unless otherwise agreed Tenant to in writing Landlord by Landlord), and all property not so removed on or before the end of the term or sooner termination reason of this Lease shall be deemed abandoned by Tenant and title or to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination secure the payment of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole costdamages, and repair any damage caused Landlord may retain possession of such property until payment in full of said amounts. Said lien shall not be defeated by placing such removal at Tenant’s sole costproperty in storage. If the Premises be Tenant has not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, redeemed said property within ten ninety (1090) days after written demand from the termination of said Lease, Landlord may sell such property at public or private sale without further notice to Tenant, any quitclaim deed or other document required and shall apply in a reasonable manner determined by any reputable title company, licensed Landlord the proceeds of sale to operate in reduce the State of California, amounts then owed from Tenant to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesLandlord.
Appears in 1 contract
Surrender. Tenant agrees on Upon the last day of the Lease Term, expiration or on the sooner termination of this Lease, to Tenant shall surrender the Premises promptly and peaceably all Tenant Improvements and Alterations to Landlord broom-clean and in good condition and repair (damage by Acts of God and normal their original condition, except for reasonable wear and tear excepted)tear, including without limitation: all interior walls cleaneddamage from casualty or condemnation and any changes resulting from approved Alterations; all tile floors cleanedprovided, all carpets cleaned and shampooed; all brokenhowever, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the expiration or termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Leaseat Landlord’s request, remove all of telephone and other cabling installed in the Building by Tenant and remove from the Premises all Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), any Trade Fixtures and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Alterations that Landlord has elected to require Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole costremove as provided in Section 6.1 — Tenant Improvements & Alterations, and repair any damage caused by such removal at Tenant’s sole costremoval. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage thereof and for the rental value of the Premises be not surrendered at for the period from the end of the term Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or sooner termination dispose of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages all or any claims made by any succeeding tenant founded on portion of such delay. No act or conduct of Landlord, whether consisting of property if Tenant does not pay all such costs and retrieve the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, property within ten (10) days after written demand notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any quitclaim deed other part of the Building and shall deliver to Landlord all keys for or other document required by any reputable title companymake known to Landlord the combination of locks on all safes, licensed to operate cabinets and vaults that may be located in the State Premises. Tenant’s obligations under this Section shall survive the expiration or termination of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesLease.
Appears in 1 contract
Sources: Lease Agreement (ArcSight Inc)
Surrender. Tenant agrees on At the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term expiration or sooner termination of this Lease, then Tenant shall indemnify surrender the Leased Premises to Landlord, together with all Tenant Improvements, in broom clean condition and in good order and repair except for ordinary wear and tear and damage by fire or other hazard for which Tenant is obligated to make repairs under this Lease. Tenant shall not be required to restore the Building to its original warehouse design and shall not be liable for any costs that may be incurred by Landlord against loss or liability resulting in doing so. Tenant shall remove from the delay Leased Premises all of Tenant’s personal property brought onto or into the Leased Premise pursuant to Section 7.2 hereof. Landlord shall have no claim to such personal property as a result of the expiration or sooner termination of this Lease except as provided herein. Any such removal as described in the previous sentence shall not damage the Leased Premises, and to the extent it does so damage the Leased Premises, such damage shall be repaired by Tenant in a good and workmanlike manner. Any personal property or equipment not so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made removed by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, Tenant shall be deemed abandoned and, if Landlord elects, shall become the sole property of Landlord. If Landlord elects to remove and dispose of the same, Tenant will reimburse Landlord for the cost of such removal and disposal. Landlord may, in its sole discretion, conduct an inspection of the Leased Premises thirty (30) days prior to the Termination Date (the “Initial Walk-Through”) and an inspection on the Termination Date (“the Final Walk-Through”) in order to determine whether the Leased Premises is in the condition required pursuant to the first sentence of this Section 16 and after the Initial Walk-Through and the Final Walk-Through, Landlord shall note and deliver any punch list items (the “Punch List Items”) which Tenant must repair for the Leased Premises to be or constitute an acceptance in the required condition. In the event that the Leased Premises is not in the condition specified in the first sentence of this Section 16 at the time that Landlord conducts the Final Walk-Through, Tenant shall have a seven (7) day period immediately following the date of such Final Walk-Through to repair the Punch List Items and surrender of the Leased Premises by in the condition required hereunder. If Tenant has not repaired the Punch List Items and surrendered the Leased Premises in the condition required hereunder prior to the expiration of such seven (7) day period, the Term hereof, Landlord shall make such repairs and acceptance by send Tenant an invoice for the actual cost of the same. Tenant’s only obligation to Landlord during such seven (7) day period shall be to repair the Punch List Items. All other obligations of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender terminate as of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesTermination Date.
Appears in 1 contract
Sources: Lease Agreement (Tollgrade Communications Inc \Pa\)
Surrender. Tenant agrees on shall, upon the expiration or earlier termination --------- of this Lease, peaceably surrender the Leased Premises, including any Tenant Improvements or Tenant's improvements and/or alterations installed pursuant to Article 7.2, in a janitorial clean condition and otherwise in as good condition ----------- as when Tenant took possession, except for (i) reasonable wear and tear subsequent to the last day required repair, replacement, restoration, alteration or renewal; (ii) loss by fire or other casualty, (iii) loss by condemnation; (iv) Landlord's obligations hereunder; and (v) Hazardous Materials not released, discharged, brought onto or otherwise disposed of by Tenant or its agents, invitees, employees or contractors. If Tenant shall surrender the Lease TermLeased Premises, or on be dispossessed by process of law or otherwise, any personal property and fixtures belonging to Tenant and left in the sooner Leased Premises shall be deemed abandoned and, at Landlord's option, title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. Landlord may, however, if it so elects, remove all or any part of such personal property from the Leased Premises and the costs incurred by Landlord in connection with such removal, including storage costs and the cost of repairing any damage to the Leased Premises, the Building and/or the Project caused by such removal shall be paid by Tenant within five (5) days after receipt of Landlord's statement. Upon the expiration or earlier termination of this Lease, to Tenant shall surrender the Premises promptly and peaceably to Landlord in good condition all keys to the Leased Premises and repair (damage by Acts shall inform Landlord of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement combination of any burned out discolored or broken light bulbsvaults, ballasts locks and lenses; together with all alterations, additions, and improvements which may have been made in, to, or safes left on the Premises (except moveable trade fixtures installed at Leased Premises. The obligations of Tenant under this Article 15.2 shall survive the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises expiration or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the earlier termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of ------------ this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against any loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant Tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, Landlord and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of jointly inspect the Leased Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At upon the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises.
Appears in 1 contract
Sources: Office Lease (CBT Group PLC)
Surrender. Tenant agrees on Upon the last day of the Lease Term, or on the sooner termination of this LeaseLease for whatever reason, to Tenant shall surrender the Leased Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rentall additions and alterations constructed on the Leased Premises), damages or any claims made by any succeeding tenant founded on such delay. No reasonable wear and tear and casualty not attributable to Tenant’s act or conduct omission excepted. If the Leased Premises are damaged at the time of Landlordsurrender due to an act or omission of Tenant, whether consisting Tenant’s responsibility for that damage shall be limited to that portion of the acceptance of repair or restoration not paid by casualty insurance maintained by Landlord. In removing its fixtures and personal property from the keys Leased Premises, Tenant shall repair any damage to the PremisesLeased Premises resulting from that removal. If Tenant fails to remove any of such property or to adequately repair damage caused by the removal, Landlord may at Landlord’s option remove the property or otherwiserepair the damage, in which event the cost of removal or repair shall be deemed to be or constitute an acceptance of the surrender of the Premises due and payable by Tenant prior to Landlord upon demand. Should Tenant continue to occupy the Leased Premises after the expiration of the Term hereofTerm, and acceptance by Landlord including any renewal thereof, such tenancy shall (without limitation of surrender by Tenant shall only flow from and must any of Landlord’s rights or remedies therefor) be evidenced by one at sufferance at a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender minimum monthly rental equal to one hundred fifty percent (150%) of the Premises rent payable for the last full month of the Term. No holdover by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After payment by Tenant after the expiration or earlier termination of this LeaseLease shall be construed to extend the Term or prevent Landlord from immediate recovery of the Leased Premises by summary proceedings or otherwise. In the event that Landlord is unable to deliver possession of the Leased Premises to a new tenant or to perform improvements for a new tenant as a result of any holdover by Tenant after receipt of Landlord’s notice to vacate, Tenant shall executebe liable to Landlord for all damages, acknowledge and deliver to Landlordincluding, within ten (10) days after written demand from without limitation, consequential damages, that Landlord to suffers as a result of Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Premises’s holdover.
Appears in 1 contract
Sources: Agreement of Sale (Lenox Group Inc)
Surrender. On the Expiration Date or upon the termination hereof upon a day other than the Expiration Date, Tenant agrees on shall peaceably surrender the last day Demised Premises in good order, condition and repair (reasonable wear and tear only excepted); warehouse area in broomclean condition; office/restroom area vacuumed and cleaned. Furthermore, Tenant shall be responsible to return to its original condition (reasonable wear and tear only excepted) the “controlled environment area” (the “Clean Room”) situated in a portion of the Lease TermDemised Premises in the event that Landlord advises Tenant, in writing, to do so within one hundred twenty (120) days after the Expiration Date or on the sooner earlier termination of this Lease. Landlord will attempt to, but is not obligated to, re-let the Demised Premises to surrender a tenant who would accept the Clean Room in its “as is” condition and, if Landlord is successful in re-letting the Demised Premises promptly to a tenant who will use the Clean Room in its “as is” condition, Tenant shall be absolved from its obligation to restore the Clean Room portion of the Demised Premises to its original condition. On or before the Expiration Date or upon termination of this Lease on a day other than the Expiration Date, Tenant shall, at its expense, remove all trade fixtures, personal property and peaceably equipment and signs from the Demised Premises and any property not removed shall be deemed to Landlord have been abandoned. Any damage caused in good condition the removal of such items shall be repaired by Tenant and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all at its expense. All alterations, additions, improvements and improvements fixtures (other than trade fixtures) which may shall have been made inor installed by Landlord or Tenant upon the Demised Premises and all floor covering so installed shall remain upon and be surrendered with the Demised Premises as a part thereof, towithout disturbance, molestation or on the Premises (except moveable trade fixtures installed injury, and without charge, at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises expiration or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Demised Premises be are not surrendered at on the end Expiration Date or the date of the term or sooner termination of this Leasetermination, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premisesliability, includingclaims, without limitation, any loss of rent, damages or any claims made by any succeeding tenant Tenant founded on such delay. No act or conduct Tenant shall promptly surrender all keys for the Demised Premises to Landlord at the place then fixed for payment of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, rent and shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by inform Landlord of surrender by Tenant shall only flow from combinations of any locks and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of safes on the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After the expiration or earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord, within ten (10) days after written demand from Landlord to Tenant, any quitclaim deed or other document required by any reputable title company, licensed to operate in the State of California, to remove the cloud or encumbrance created by this Lease from the real property containing the Demised Premises.
Appears in 1 contract
Surrender. Tenant agrees on the last day of the Lease Term, or on the sooner termination of this Lease, to surrender the Premises promptly and peaceably to Landlord in good condition and repair (damage by Acts of God and normal wear and tear excepted), including without limitation: all interior walls cleaned; all tile floors cleaned, all carpets cleaned and shampooed; all broken, marred, stained or nonconforming acoustical ceiling tiles replaced; the plumbing, electrical, lighting, fire sprinkler and other systems left in good working order and repair, including replacement of any burned out discolored or broken light bulbs, ballasts and lenses; together with all alterations, additions, and improvements which may have been made in, to, or on the Premises (except moveable trade fixtures installed at the expense of Tenant); provided that Tenant shall ascertain from Landlord within thirty (30) days before the end of the term of this Lease whether Landlord desires to have the Premises or any part(s) thereof restored to their original condition and configuration as when the Premises was delivered to Tenant, and if Landlord shall so desire, then Tenant shall so restore said Premises or such part(s) thereof prior to the termination of this Lease at Tenant’s sole cost and expense. Tenant shall, on or before the termination of this Lease, remove all of Tenant’s personal property and trade fixtures from the Premises (unless otherwise agreed to in writing by Landlord), and all property not so removed on or before the end of the term or sooner termination of this Lease shall be deemed abandoned by Tenant and title to same shall thereupon (at Landlord’s option) pass to Landlord without compensation to Tenant. Landlord may, upon termination of this Lease, remove, store, retain and/or sell all moveable personal property and trade fixtures so abandoned by Tenant, at Tenant’s sole cost, and repair any damage caused by such removal at Tenant’s sole cost. If the Premises be not surrendered at the end of the term or sooner termination of this Lease, then Tenant shall indemnify Landlord against loss or liability resulting from the delay by Tenant in so surrendering the Premises, including, without limitation, any loss of rent, damages or any claims made by any succeeding tenant founded on such delay. No act or conduct of Landlord, whether consisting of the acceptance of the keys to the Premises, or otherwise, shall be deemed to be or constitute an acceptance of the surrender of the Premises by Tenant prior to the expiration of the Term hereof, and acceptance by Landlord of surrender by Tenant shall only flow from and must be evidenced by a written acknowledgment of acceptance of surrender signed by Landlord. The voluntary surrender of the Premises by Tenant or a mutual cancellation of this Lease shall not work as a merger with respect to such Lease. At the option of Landlord, any or all existing subleases shall either terminate or shall attorn to Landlord as Landlord may elect. After Upon the expiration or earlier termination of this Lease, Tenant shall executesurrender the Premises and all tenant improvements and Alterations to Landlord and such shall be returned clean and in their original condition as of the Commencement Date of this Lease, acknowledge except for reasonable wear and deliver tear; provided, however, that prior to Landlordthe expiration or termination of this Lease, Tenant shall remove from the Premises all Tenant’s personal property, Trade Fixtures and Alterations (including but not limited to, exterior signage, modular furniture, Tenant’s antenna systems and all cables, conduits, risers and other similar items and equipment which pass through portions of the Building or connect to the antenna systems) designated by Landlord for removal and repair any damage caused by such removal. If such removal is not completed before the expiration or termination of the Term, Landlord shall have the right (but no obligation) to remove the same, and Tenant shall pay Landlord on demand for all costs of removal and storage and for the rental value of the Premises for the period from the end of the Term through the end of the time reasonably required for such removal. Landlord shall also have the right to retain or dispose of all or any portion of such property if Tenant does not pay all such costs and retrieve the property within ten (10) days after written demand notice from Landlord (in which event title to all such property described in Landlord’s notice shall be transferred to and vest in Landlord). Tenant waives all Claims against Landlord for any damage or loss to Tenant resulting from Landlord’s removal, storage, retention, or disposition of any such property. Upon expiration or termination of this Lease or of Tenant’s possession, whichever is earliest, Tenant shall surrender all keys to the Premises or any quitclaim deed other part of the Building and shall deliver to Landlord all keys for or other document required by any reputable title companymake known to Landlord the combination of locks on all safes, licensed to operate cabinets and vaults that may be located in the State Premises. Tenant’s obligations under this Section shall survive the expiration or earlier termination of California, to remove the cloud or encumbrance created by this Lease from the real property containing the PremisesLease.
Appears in 1 contract