Common use of Termination and Surrender Clause in Contracts

Termination and Surrender. Tenant hereby agrees to vacate the Existing Premises and surrender and deliver exclusive possession of the Existing Premises to Landlord on or before the date that is five (5) business days following the New Premises Commencement Date (the “Existing Premises Termination Date”) in broom clean condition provided that Tenant shall (i) all of Tenant’s personal property from the Existing Premises, (ii) any communications or computer wires and cables in or serving the Existing Premises, (iii) any logos, decals, and white boards on the walls of the Existing Premises, and (iv) any Alterations in the Existing Premises performed after the date of this Second Amendment, and Tenant shall repair any damage to the Existing Premises and Building caused by such removal and return the affected portion of the Existing Premises to a building standard improved condition as determined by Landlord, and thereafter, Tenant shall have no further obligations with respect to the Existing Premises except, those obligations under the Lease, as amended, which relate to the term of Tenant’s lease of the Existing Premises prior to the New Premises Commencement Date and/or which specifically survive the expiration of the Lease. In the event that Tenant fails to vacate the Existing Premises and surrender and deliver exclusive possession of the Existing Premises to Landlord on or before the New Premises Commencement Date in accordance with this Section 3 of the Second Amendment and the provisions of the Lease, then Tenant shall be deemed to be in holdover of the Existing Premises and shall be subject to the terms of Article 16 of the Lease.

Appears in 2 contracts

Sources: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)

Termination and Surrender. Tenant hereby shall voluntarily surrender the Fifth Floor Premises on the Fifth Floor Termination Date as provided in this Agreement. Tenant agrees to vacate cooperate reasonably with Landlord in all matters, as applicable, relating to surrendering the Existing Fifth Floor Premises in accordance with the surrender requirements and surrender and deliver exclusive possession of in the Existing Premises condition required pursuant to Landlord on or before the date that is five (5) business days following the New Premises Commencement Date (the “Existing Premises Termination Date”) in Lease, broom clean and in their “as-is” condition provided that Tenant shall (i) all as of Tenant’s personal property from the Existing Premises, (ii) any communications or computer wires and cables in or serving the Existing Premises, (iii) any logos, decals, and white boards on the walls of the Existing Premises, and (iv) any Alterations in the Existing Premises performed after the date of this Second AmendmentAgreement; provided, and Tenant shall repair any damage however, that, notwithstanding anything to the Existing contrary contained in the Lease, Tenant may surrender all of (and shall have no obligation to remove any of) the alterations and other leasehold improvements existing in the Fifth Floor Premises and Building caused by such removal and return the affected portion as of the Existing Effective Date as well as the Fifth Floor Alterations. Landlord hereby approves of those certain minor alterations to the Fifth Floor Premises reflected on Exhibit B attached hereto (the “Fifth Floor Alterations”), subject to a building standard improved condition as determined by Landlord’s approval of more detailed plans and specifications, which approval will not be unreasonably withheld. Tenant may make such Fifth Floor Alterations subject to the terms and thereafterconditions of Article VIII of the original Lease, at ▇▇▇▇▇▇’s sole cost and expense. After the Fifth Floor Termination Date, Tenant shall have no further obligations rights of any kind with respect to the Existing Premises exceptFifth Floor Premises. Notwithstanding the foregoing, as provided in Section 2(d) below, those obligations under the Lease, as amended, which relate to the term of Tenant’s lease of the Existing Premises prior to the New Premises Commencement Date and/or which specifically survive the expiration of the Lease. In the event that Tenant fails to vacate the Existing Premises and surrender and deliver exclusive possession of the Existing Premises to Landlord on or before the New Premises Commencement Date in accordance with this Section 3 of the Second Amendment and the provisions of the LeaseLease which, then Tenant shall be deemed to be in holdover by their terms, survive the termination of the Existing Lease shall survive the surrender of the Fifth Floor Premises and shall be subject termination of the Lease with respect to the terms of Article 16 of the LeaseFifth Floor Premises provided for herein.

Appears in 1 contract

Sources: Agreement for Termination of Lease and Voluntary Surrender of Premises (Toast, Inc.)

Termination and Surrender. Tenant hereby agrees (a) Upon the expiration or sooner termination of this Sublease, including by the early termination of the Master Lease for any reason, this Sublease and Subtenant's rights hereunder shall terminate as of the date of such expiration or termination, as the case may be, and Subtenant shall vacate and peacefully surrender the Sublease Premises on such date in accordance with the terms of subsection (b) below. Notwithstanding the foregoing or anything else in this Sublease to vacate the Existing Premises and contrary, Sublandlord shall not voluntarily cancel or surrender and deliver exclusive the Master Lease or possession of the Existing Premises without Subtenant's consent. If, as a result of any fire or other casualty or in the event of Master Landlord’s default, the Master Lease grants rights (e.g. to Landlord on terminate the Master Lease), Subtenant shall be entitled to the exercise of all such rights as they relate to the Sublease Premises pursuant to the terms of the Master Lease. Subtenant hereby waives all notices to quit or before vacate notwithstanding any law, usage or custom to the date that is five (5) business days following the New Premises Commencement Date (the “Existing Premises Termination Date”) in broom clean condition provided that Tenant shallcontrary. (ib) Upon the surrender of the Sublease Premises, Subtenant shall remove all of TenantSubtenant’s personal property from property, signs and trade fixtures, equipment and any alterations, additions, fixtures, equipment, telecommunications and computer cabling and wiring (together with any conduit therefor) and decorations at any time made or installed by or for Subtenant in, upon or to the Existing interior or exterior of the Sublease Premises, including, but not limited to, those items set forth on Exhibit B attached hereto, unless otherwise agreed to by the Parties in writing or except as allowed in any new lease entered into between Subtenant and Master Landlord covering the Sublease Premises. Sublandlord shall be responsible for the removal of any alterations, additions, fixtures, equipment, telecommunications and computer cabling and wiring (iitogether with any conduit therefor) and decorations at any communications time made or computer wires and cables in installed by or serving for Sublandlord in, upon or to the Existing Premises, (iii) any logos, decals, and white boards on the walls interior or exterior of the Existing PremisesSublease Premises prior to the Sublease Commencement Date, except those items set forth on Exhibit B attached hereto, that Master Landlord has the right to require and (iv) any Alterations which Master Landlord so requires to be removed in accordance with the Master Lease; provided, however, if Subtenant remains in the Existing Sublease Premises performed after the date of this Second Amendment, and Tenant shall repair any damage to the Existing Premises and Building caused by such removal and return the affected portion of the Existing Premises Sublease Term pursuant to a building standard improved condition as determined by separate agreement between Subtenant and Master Landlord, and thereafter, Tenant then Subtenant shall have no further assume Sublandlord's obligations with respect to the Existing Premises except, those obligations removal of all such items. Subtenant shall be obligated to reimburse Sublandlord for any amounts charged to Sublandlord under the Lease, as amended, which relate to the term of Tenant’s lease Section 8.4 of the Existing Premises prior Original Lease directly related to the New Premises Commencement Date and/or which specifically survive the expiration of the Lease. In the event that Tenant fails Subtenant’s failure to vacate the Existing Premises and surrender and deliver exclusive possession of the Existing Premises to Landlord on or before the New Premises Commencement Date in accordance comply with this Section 3 of the Second Amendment and the provisions of the Lease, then Tenant shall be deemed to be in holdover of the Existing Premises and shall be subject to the terms of Article 16 of the Leasethis Section 14(b).

Appears in 1 contract

Sources: Sublease Agreement