Surrender of Premises Contract Clauses (166)

Grouped Into 12 Collections of Similar Clauses From Business Contracts

This page contains Surrender of Premises clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Surrender of Premises. At the termination of this Lease or Tenant's right of possession, Tenant shall remove Tenant's Property from the Premises, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant's Property within 2 days after termination of this Lease or Tenant's right to possession, Landlord, at Tenant's sole cost and expense, shall b...e entitled (but not obligated) to remove and store Tenant's Property. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant's Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant's Property from the Premises or storage, within 30 days after notice, Landlord may deem all or any part of Tenant's Property to be abandoned and title to Tenant's Property shall vest in Landlord. View More
Surrender of Premises. At the expiration or termination of this Lease or Tenant's right of possession, Tenant shall remove Tenant's Property from the Premises, and quit and surrender the Premises to Landlord, vacant, broom clean, and in good order, condition and repair, ordinary wear and tear and damage which Landlord is obligated to repair hereunder excepted. If Tenant fails to remove any of Tenant's Property, Landlord may deem all or any part of Tenant's Property within 2 days after termination of this Lease or Tena...nt's right to possession, Landlord, be abandoned and, at Tenant's sole cost and expense, shall be entitled (but not obligated) to remove and store remove, sell or dispose of Tenant's Property. Property without notice or compensation to Tenant. Landlord shall not be responsible for the value, preservation or safekeeping of Tenant's Property. Tenant shall pay Landlord, upon demand, the expenses and storage charges incurred. If Tenant fails to remove Tenant's Property from the Premises or storage, within 30 days after notice, Landlord may deem all or any part of Tenant's Property to be abandoned and title to Tenant's Property shall vest in Landlord. View More
Surrender of Premises. At the expiration or earlier termination of this Lease or Tenant's right of possession, possession hereunder, Tenant shall remove all Required Removables (if any) under Section 8.03, remove all Tenant's Property from the Premises, remove all signage installed by or on behalf of Tenant, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear tear, taking by eminent domain, damage by Casualty and damage and elements o...f the Premises which Landlord is obligated to repair hereunder excepted. Tenant shall repair any damage caused by the installation or removal of Tenant's Property or Required Removables or Tenant's signage. If Tenant fails to remove any of Tenant's Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within 2 two (2) days after any earlier termination of this Lease or Tenant's right to possession, possession hereunder), then Landlord, at Tenant's sole cost 24 and expense, shall be entitled (but entitled, but not obligated) obligated, to remove and store Tenant's Property. Property and/or perform such restoration or repair of the Premises. Landlord shall not be responsible for the value, preservation preservation, or safekeeping of Tenant's Property. Property, and Tenant shall pay to Landlord, upon demand, the expenses and storage charges so incurred. If Tenant fails to remove Tenant's Property from the Premises or storage, within 30 thirty (30) days after notice, Landlord may deem all or any part of Tenant's Property to be abandoned and and, at Landlord's option, subject to applicable Laws, title to Tenant's Property shall vest in Landlord. Landlord or Landlord may dispose of Tenant's Property in any manner Landlord deems appropriate. View More
Surrender of Premises. At the expiration or earlier termination of this Lease or Tenant's right of possession, possession hereunder, Tenant shall remove all Required Removables (if any) under Section 8.03, remove all Tenant's Property from the Premises, remove all signage installed by or on behalf of Tenant, and quit and surrender the Premises to Landlord, broom clean, and in good order, condition and repair, ordinary reasonable wear and tear tear, taking by eminent domain, damage by Casualty and damage and elements o...f the Premises which Landlord is obligated to repair hereunder excepted. Tenant shall repair any damage caused by the installation or removal of Tenant's Property or Required Removables or Tenant's signage. If Tenant fails to remove any of Tenant's Property or to restore or repair the Premises to the required condition as provided herein upon the expiration of the Term of this Lease (or, as applicable, within 2 two (2) days after any earlier termination of this Lease or Tenant's right to possession, possession hereunder), then Landlord, at Tenant's sole cost and expense, shall be entitled (but entitled, but not obligated) obligated, to remove and store Tenant's Property. Property and/or perform such restoration or repair of the Premises. Landlord shall not be responsible for the value, preservation preservation, or safekeeping of Tenant's Property. Property, and Tenant shall pay to Landlord, upon demand, the expenses and storage charges so incurred. If Tenant fails to remove Tenant's Property from the Premises or storage, within 30 thirty (30) days after notice, Landlord may deem all or any part of Tenant's Property to be abandoned and and, at Landlord's option, subject to applicable Laws, title to Tenant's Property shall vest in Landlord. Landlord or Landlord may dispose of Tenant's Property in any manner Landlord deems appropriate. View More
View Variations (14)
Surrender of Premises. No act by Landlord shall be deemed 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. At the expiration or termination of this Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty da...mage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment) as Landlord may request; however, Tenant shall not be required to remove any addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 20. The provisions of this Section 21 shall survive the end of the Term. View More
Surrender of Premises. No act by Landlord shall be deemed 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. At the expiration or termination of this Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, Term (unless caused by Landlord, its employees, agents or ...contractors), in broom-clean condition including cleaning of interior surface of all walls, flooring, ceiling and/or any roof deck due to Tenant's specific use (with such cleaning by commercial cleaning application as approved by Landlord), reasonable wear and tear (and condemnation and Casualty damage not caused by Tenant, damage, as to which Sections Section 14 and Section 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that Tenant has performed all of its obligations hereunder, Tenant may will remove all unattached trade fixtures, furniture, and personal property placed in the Premises or elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, option as described in Section 8(a), Tenant shall (not later than ten (10) days after the expiration or earlier termination of the Lease) remove such alterations, additions, improvements, trade fixtures, personal property, equipment, Specialty Alterations, as well as wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment) as Landlord may request; or cabling installed by Tenant; however, Tenant shall not be required to remove the initial Tenant Improvements, nor shall Tenant be required to remove any other improvement or addition or improvement to the Premises or the Project if Landlord has specifically agreed in writing that the such other improvement or addition in question need not be removed. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord at Tenant's cost without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 20. The provisions of this Section 21 20 shall survive the expiration or earlier termination of the Lease. 21. Holding Over. If Tenant fails to vacate the Premises at the end of the Term. Term, then Tenant shall be a tenant at sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over, Tenant shall pay, in addition to the other Rent, Base Rent equal to the greater of i) one hundred fifty percent (150%) of the Base Rent payable during the last month of the Term or ii) the then prevailing Market Asking Rate for Class A Space in Redwood Shores as published by local area commercial real estate brokerages (as applicable, the "Holdover Rate"), and Tenant shall otherwise continue to be subject to all of Tenant's obligations under this Lease. The provisions of this Section 21 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at Law. IF TENANT FAILS TO SURRENDER THE PREMISES UPON THE TERMINATION OR EXPIRATION OF THIS LEASE (EXCEPT AS SET FORTH IN THE FOLLOWING SENTENCE), IN ADDITION TO ANY OTHER LIABILITIES TO LANDLORD ACCRUING THEREFROM, TENANT SHALL PROTECT, DEFEND, INDEMNIFY AND HOLD LANDLORD 40 HARMLESS FROM ALL LOSS, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND LIABILITY RESULTING FROM SUCH FAILURE, INCLUDING ANY CLAIMS MADE BY ANY SUCCEEDING TENANT FOUNDED UPON SUCH FAILURE TO SURRENDER, AND ANY LOST PROFITS TO LANDLORD RESULTING THEREFROM. Notwithstanding the foregoing, if Tenant remains in the Premises at the end of the Term with the written consent of Landlord, then Tenant shall be a month-to-month tenant at the Holdover Rate, and Tenant shall otherwise continue to be subject to all of Tenant's obligations under this Lease. View More
Surrender of Premises. No act by Landlord shall be deemed 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. At the expiration or termination of this Lease, Lease or Tenant's right to possess the Premises, Tenant shall (a) deliver to Landlord the Premises broom-clean with all alterations, additions, betterments and improvements (collectively, "Improvements") located therein in good repair and condition, fre...e of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condition (except for condemnation and Casualty damage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted, control), free of any liens or encumbrances and shall free of Hazardous Materials placed on the Premises during the Term; (b) deliver to Landlord all keys to the Premises. Provided Premises and all access cards to the Project (and shall reimburse Landlord for the then-current replacement cost charged by Landlord for all such keys and access cards that Tenant has performed all of its obligations hereunder, Tenant may are not returned); (c) remove all unattached trade fixtures, furniture, furniture (including demountable walls), and personal property placed in the Premises or elsewhere in the Building Project by a Tenant Party and unattached equipment located in the Premises (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, removal); (d) abandon and leave in place, without additional payment to Tenant or credit against Rent, any and all such cabling [including conduit], whether located in the Premises or elsewhere in the Project, and Tenant covenants that such cabling shall be left in a neat and safe condition in accordance with the requirements of all applicable Laws, including the National Electric Code or any successor statute, and shall be terminated at Landlord's option, Tenant shall both ends of a connector, properly labeled at each end and in each electrical closet and junction box; and (e) remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, Improvements, and furniture (including Tenant's Off-Premises Equipment) Equipment as Landlord may request; require and restore the areas surrounding such Improvements, and Tenant's Off-Premises Equipment to their conditions existing immediately prior to the installation of such Improvements, and Tenant's Off-Premises Equipment; however, Tenant shall not be required to remove any addition or improvement Improvements to the Premises or the Project if Landlord has specifically agreed in writing that the improvement or addition Improvements in question need not be removed. Tenant shall have the right to remove some or all of the Improvements constituting all or any portion of the Work. Tenant shall repair all damage caused by such removal. All the removal of the items not so removed shall, described above. If Tenant fails to remove any property, including any of the property described above, Landlord may, at Landlord's option, be deemed (1) deem such items to have been abandoned by Tenant Tenant, the title thereof shall immediately pass to Landlord at no cost to Landlord, and such items may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to 22 6105 TENNYSON PARKWAY – SOUTH BUILDING PLANO, TX 75024 4812-0074-7958.V2 account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 20. hereunder or otherwise, (2) remove such items, perform any work required to be performed by Tenant hereunder, and repair all damage caused by such work, and Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant's obligations hereunder (including collection costs and attorneys' fees), plus interest thereon at the Default Rate, or (3) elect any of the actions described in clauses (1) and (2) above as Landlord may elect in its sole discretion. The provisions of this Section 21 shall survive the end of the Term. View More
Surrender of Premises. No act by Landlord shall be deemed 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. At the expiration or termination of this Lease, Tenant shall deliver to Landlord the Premises with all improvements located therein in good repair and condition, free of Hazardous Materials placed on the Premises during the Term, broom-clean, reasonable wear and tear (and condemnation and Casualty da...mage not caused by Tenant, as to which Sections 14 and 15 shall control) excepted, and shall deliver to Landlord all keys to the Premises. Provided that no default then exists under this Lease, Tenant has performed shall remove all of its obligations hereunder, Tenant may remove all unattached Tenant's trade fixtures, furniture, equipment and personal property placed in the Premises or 22 elsewhere in the Building by Tenant (but Tenant may not remove any such item which was paid for, in whole or in part, by Landlord or any wiring or cabling unless Landlord requires such removal). Additionally, at Landlord's option, Tenant shall remove such alterations, additions, improvements, trade fixtures, personal property, equipment, wiring, conduits, cabling, and furniture (including Tenant's Off-Premises Equipment) as Landlord may request; however, Notwithstanding the foregoing, Tenant shall not be required to remove (i) any addition improvements constructed pursuant to Exhibit "D" hereof, (ii) any Minor Nonstructural Alterations, (iii) any other alterations, additions, or improvement improvements subsequently installed by Tenant, unless at the time of consenting to the Premises such alterations, additions or the Project if improvements, Landlord has specifically agreed expressly required in writing that same be removed from the improvement Premises upon expiration of the Lease, or addition in question need not be removed. (iv) any wiring or cabling. Tenant shall repair all damage caused by such removal. All items not so removed shall, at Landlord's option, be deemed to have been abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any obligation to account for such items; any such disposition shall not be considered a strict foreclosure or other exercise of Landlord's rights in respect of the security interest granted under Section 20. 21. The provisions of this Section 21 shall survive the end of the Term. View More
View Variations (11)
Surrender of Premises. 26.1 Tenant shall arrange to meet Landlord for two (2) joint inspections of the Premises, the first to occur at least thirty (30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant has vacated the Premises. In the event of Tenant's failure to arrange such joint inspections and/or participate in either such inspection, Landlord's inspection at or after Tenant's vacating the Premises shall be conclusiv...ely deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. 26.2 All alterations, additions, and improvements in, on, or to the Premises made or installed by or for Tenant, including, without limitation, carpeting (collectively, "Alterations"), shall be and remain the property of Tenant during the Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to Landlord without compensation, and title shall pass to Landlord under this Lease as by a bill of sale. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant's sole cost, remove any Alterations, including carpeting, so designated by Landlord's notice, and repair any damage caused by such removal. Tenant must, at Tenant's sole cost, remove upon termination of this Lease, any and all of Tenant's furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, "Personalty"). Personalty not so removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a bill of sale, but Tenant shall remain responsible for the cost of removal and disposal of such Personalty, as well as any damage caused by such removal. In lieu of requiring Tenant to remove Alterations and Personalty and repair the Premises as aforesaid, Landlord may, by written notice to Tenant delivered at least thirty (30) days before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost of such removal and repair in an amount reasonably estimated by Landlord. 29 26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant's obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease. View More
Surrender of Premises. 26.1 A.Meeting. Landlord and Tenant shall arrange to meet Landlord for two (2) joint inspections of the Premises, the first to occur at least thirty (30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant has vacated the Premises. In the event of Tenant's failure If Tenant fails to arrange such joint inspections and/or participate in either such inspection after Landlord has reasonably cooperated wit...h scheduling such inspection, Landlord's inspection at or after Tenant's vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. 26.2 All alterations, additions, and improvements in, on, or to the Premises made or installed by or for Tenant, including, without limitation, carpeting (collectively, "Alterations"), shall be and remain the property of Tenant during the Term. B.Removal. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to Landlord without compensation, and title shall pass to Landlord under this Lease as by a bill of sale. At the end of the Term of this Lease, or upon any renewal of the Term or other sooner earlier termination of this Lease, Tenant will peaceably deliver up to Landlord shall quit and surrender possession of the Premises, together with all Alterations by whomsoever made, Premises to Landlord in the same conditions received or first installed, broom clean good order and free of all debris, excepting only ordinary condition, reasonable wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, if repairs which are Landlord's obligation excepted (and Tenant shall surrender to Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, Tenant shall, at Tenant's sole cost, remove any Alterations, including carpeting, so designated by Landlord's notice, and repair any damage caused by such removal. Tenant must, at Tenant's sole cost, remove upon termination of this Lease, any and all of Tenant's keys to any interior locks within the Premises), and shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling business and trade fixtures, free standing cabinet work, moveable partitioning, and other trade fixtures articles of personal property owned by Tenant or installed or placed by Tenant at its own expense in the Premises (including without limitation, telecommunications equipment and personal property, as well as all data/telecommunications excluding data cabling and wiring installed by Tenant), and all similar articles of any other persons claiming under Tenant (unless Landlord exercises its option to have any subleases or on behalf subtenancies assigned to it), and Tenant shall repair all damage to the Premises resulting from the removal of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, "Personalty"). Personalty such items from the Premises. Such items not so removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under 20 this Lease as by a bill of sale, but Tenant shall remain responsible for the cost of removal and disposal of such Personalty, items, as well as any damage caused by such removal. In lieu All fixtures, equipment, leasehold improvements, Alterations and/or appurtenances attached to or built into the Premises prior to or during the Term, whether by Landlord or Tenant and whether at the expense of requiring Landlord or Tenant, or of both, shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Term unless otherwise expressly provided for in this Lease or unless such removal is required by Landlord in which event Tenant shall remove same at its expense and repair any damage caused by such removal; provided, that Tenant shall not be required to remove the initial Landlord Work, and if Landlord desires any Alterations to be removed, Landlord must notify Tenant of such obligation at the time (if any) that Landlord gives it consent thereto. Such fixtures, equipment, leasehold improvements, Alterations, additions, improvements and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, security systems, electrical systems, lighting systems, all fixtures and Personalty outlets for the systems mentioned above for all, radio, telegraph and television purposes, and any special flooring or ceiling installations but shall not include any business or trade fixtures or equipment that can be removed without damage to the Premises or which can be removed with minor damage, which Tenant shall repair. Notwithstanding anything to the contrary set forth in the foregoing, in no event will Tenant be required to remove any of the initial Landlord Work as described in Exhibit E. Tenant shall, at Tenant's sole cost, remove any Alterations, excluding carpeting, so designated by Landlord at the time of its consent to the Alterations, and repair the Premises as aforesaid, Landlord may, any damage caused by written notice to Tenant delivered at least thirty (30) days before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost such removal. C.Survival of such removal and repair in an amount reasonably estimated by Landlord. 29 26.3 Obligations. All obligations of Tenant and Landlord under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term Upon Term. If any repairs to the expiration or earlier termination of Premises are required and not covered by the Term, Security Deposit, Tenant shall pay to Landlord the amount, as estimated by Landlord, reasonable amount necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant's obligation for unpaid amounts due or to become due to Landlord. All such amounts Landlord which are noted at the required inspections. Landlord shall be used and held by Landlord for payment provide reasonable evidence of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. expense. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease. Notwithstanding anything to the contrary contained in this Lease, Tenant shall at its sole cost and expense and upon the expiration or earlier termination of this Lease complete the restoration work to the Premises as more particularly set forth on Exhibit I attached hereto and made a part hereof. View More
Surrender of Premises. 26.1 Tenant shall arrange to meet Landlord for two (2) joint inspections of the Premises, the first to occur at least thirty (30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant has vacated the Premises. In the event of Tenant's failure to arrange such joint inspections and/or participate in either such inspection, Landlord's inspection at or after Tenant's vacating the Premises shall be conclusiv...ely deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. 26.2 All alterations, additions, and improvements in, on, or to the Premises made or installed by or for Tenant, including, without limitation, carpeting (collectively, "Alterations"), shall be and remain the property of Tenant during the Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to Landlord without compensation, and title shall pass to Landlord under this Lease as by a bill of sale. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration the time of Landlord's approval of the Term, Alterations pursuant to Article 6 or within thirty (30) days after Landlord's receipt of notice of a Cosmetic Alteration pursuant to Article 6, Tenant shall, at Tenant's sole cost, remove any Alterations and/or Cosmetic Alterations, including carpeting, so designated by Landlord's notice, and repair any damage caused by such removal. Tenant must, at Tenant's sole cost, remove upon the expiration or sooner termination of this Lease, any and all of Tenant's furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, "Personalty"). Personalty not so removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a bill of sale, but Tenant shall remain responsible for the cost of removal and disposal of such Personalty, as well as any damage caused by such removal. In lieu of requiring Tenant to remove Alterations and Personalty and repair the Premises as aforesaid, Landlord may, by written notice to Tenant delivered at least thirty (30) days before the Termination Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost of such removal and repair in an amount reasonably estimated by Landlord. 29 26.3 18 26.2 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term Upon the expiration 27. NOTICES. Any notice or earlier termination of the Term, Tenant shall pay document required or permitted to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in be delivered under this Lease and/or to discharge Tenant's obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used addressed to the intended recipient, by fully prepaid registered or certified United States Mail return receipt requested, or by reputable independent contract delivery service furnishing a written record of attempted or actual delivery, and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess shall be deemed to be returned delivered when tendered for delivery to Tenant after all the addressee at its address set forth on the Reference Pages, or at such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable other address as it has then last specified by Tenant under written notice delivered in accordance with this Lease. Article 27. View More
Surrender of Premises. 26.1 Tenant and Landlord shall arrange to meet Landlord for two (2) joint inspections of the Premises, the first to occur at least thirty (30) days (but no more than sixty (60) days) before the last day of the Term, and the second to occur not later than forty-eight (48) hours after Tenant has vacated the Premises. In the event of Tenant's failure to arrange such joint inspections and/or participate in either such inspection, Landlord's inspection at or after Tenant's vacating the Premises shall... be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. 26.2 All alterations, additions, and improvements in, on, or to the Premises made or installed by or for Tenant, including, without limitation, carpeting (collectively, "Alterations"), shall be and remain the property of Tenant during the Term. Upon the expiration or sooner termination of the Term, all Alterations shall become a part of the realty and shall belong to Landlord without compensation, and title shall pass to Landlord under this Lease as by a bill of sale. At the end of the Term or any renewal extension of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all Alterations by whomsoever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only damage caused by Landlord, ordinary wear and tear and damage by fire or other casualty. Notwithstanding the foregoing, (i) if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration of the Term, time Landlord reviews and approves Tenant's plans for any Alterations that certain Specialty Alterations (as defined below) must be removed, Tenant shall, at Tenant's sole cost, remove any Alterations, including carpeting, such Specialty Alterations so designated by Landlord's notice, Landlord in writing at the time of consent, and repair any damage caused by such removal. removal, and (ii) Tenant must, at Tenant's sole cost, remove upon termination of this Lease, any and all of Tenant's furniture, furnishings, equipment, movable partitions of less than full height from floor to ceiling and other trade fixtures and personal property, as well as all data/telecommunications cabling and wiring installed by or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, "Personalty"). Personalty not so removed shall be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a bill of sale, but Tenant shall remain responsible for the cost of removal and disposal of such Personalty, as well as any damage caused by such removal. In lieu of requiring Tenant As used herein the Term "Specialty Alterations" shall mean any alterations which would cost substantially more to remove Alterations than normal office improvements such as internal stairwells and Personalty private showers and repair private restroom facilities, raised flooring, all specialty wall applications such as Ideapaint, wallpaper, specialty films on glass and all other wall applications. Notwithstanding anything contained herein to the contrary, Tenant shall not be required to remove any improvements installed by Landlord, the Premises HVAC Work, the Premises Fire/Life Safety Work or any data/telecommunications cabling and wiring installed by or on behalf of Tenant or existing as aforesaid, Landlord may, by written notice to Tenant delivered at least thirty (30) days before of the Termination Commencement Date, require Tenant to pay to Landlord, as additional rent hereunder, the cost of such removal and repair in an amount reasonably estimated by Landlord. 29 whether inside walls, under any raised floor or above any ceiling. 26.3 All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term Term. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as reasonably estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant's obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease. 28 27. NOTICES. Any notice or document required or permitted to be delivered under this Lease shall be addressed to the intended recipient, by fully prepaid registered or certified United States Mail return receipt requested, or by reputable independent contract delivery service furnishing a written record of attempted or actual delivery, and shall be deemed to be delivered when tendered for delivery to the addressee at its address set forth on the Reference Pages, or at such other address as it has then last specified by written notice delivered in accordance with this Article 27, or if to Tenant at either its aforesaid address or its last known registered office or home of a general partner or individual owner, so long as same is actually accepted or received by the addressee. Any such notice or document may also be personally delivered if a receipt is signed by and received from, the individual, if any, named in Tenant's Notice Address. View More
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Surrender of Premises. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies. Upon the expiration or termination of this Lease, Tenant shall peaceably surrender the Premises and all alterations and additions thereto, broom clean the Premises, leave the Premises in good order, repair and condition, reasonable wear and tear excepted, and comply with t...he provisions of Paragraph 15. The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof shall not be sufficient to constitute a termination of this Lease or a surrender of the Premises. View More
Surrender of Premises. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies. Upon the expiration or termination of this Lease, Tenant shall peaceably surrender the Premises and all alterations and additions thereto, broom clean the Premises, leave the Premises thereto broom-clean, in good order, repair and condition, reasonable wear and tear except...ed, and comply with damage for which Tenant is not liable excepted. Further, upon expiration or termination of this Lease, Tenant, at its cost, shall restore the Premises, as required by the provisions of Section 14.1(g) and as otherwise required by the provisions of this Lease including, without limitation, the provisions of Paragraph 15. 14.7. The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof shall not be sufficient to constitute a termination of this Lease or a surrender of the Premises. View More
Surrender of Premises. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies. Upon the expiration or termination of this Lease, Tenant shall peaceably surrender the Premises and all alterations and additions thereto, broom clean the Premises, leave the Premises thereto broom-clean, in good order, repair and condition, reasonable wear and tear except...ed, and shall comply with the provisions of Paragraph 15. Subparagraphs 14(g). The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof shall not be sufficient to constitute a termination of this Lease or a surrender of the Premises. View More
Surrender of Premises. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, of this Lease, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies. Upon the expiration or termination of this Lease, Tenant shall peaceably surrender the Premises and all Tenant Improvements, alterations and additions thereto, to the Premises, broom clean the Premises, leave the Premises in good order, repair and condition,... condition (including the due completion by that expiration or termination of all repairs which Tenant is responsible for making under this Lease), reasonable wear and tear excepted, and comply with the provisions of Paragraph 15. 14(c). The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof shall not be sufficient to constitute a termination of this Lease or a surrender of the Premises. View More
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Surrender of Premises. On expiration of the term, Lessee shall surrender to Lessor the premises and all Lessee's improvements and additions in good condition, except for ordinary wear and tear occurring after the last necessary maintenance made by Lessee and except for alterations that Lessee has the right to remove. Lessee shall remove all its personal property by the date of such termination of the term, and shall perform restoration made necessary by removal of any alterations or Lessee's personal property. 9 Lesso...r may elect to retain or dispose of in any manner any alterations or Lessee's personal property that Lessee does not remove from the premises on expiration or termination of the term of this Lease by giving at least ten (10) days notice to Lessee. Title to any such alteration or to Lessee's personal property that Lessor elects to retain or dispose of on the expiration of the ten (10) day period shall vest in Lessor. Lessee waives all claims against Lessor for any damage to Lessee resulting from Lessor's retention or disposition of any such alterations or Lessee's personal property. Lessee shall be liable to Lessor for Lessor's costs for storing, removing and disposing of any alterations or Lessee's personal property. If Lessee fails to surrender the premises to Lessor on expiration or termination of the term as required under this paragraph, Lessee shall defend Lessor and hold Lessor harmless from all damages resulting from Lessee's failure to surrender the premises, including, without limitation, claims made by a succeeding Tenant resulting from Lessee's failure to surrender the premises. View More
Surrender of Premises. On expiration of the term, Lessee shall surrender to Lessor the premises Premises and all Lessee's improvements Alterations and additions equipment in good condition, except condition (except for ordinary wear and tear occurring after tear) unless Lessor has required Lessee to remove its Alterations and equipment. The surrender of the last necessary maintenance made by Premises will only be deemed to have occurred when Lessee and except delivers all keys to the Premises to Lessor, or reimburses ...Lessor a reasonable amount for alterations that Lessee has the right to remove. any lost or stolen keys. Lessee shall remove all of its personal property by and trade fixtures prior to the date expiration of such the term of this Lease or any extension thereof or upon the earlier termination of the term, and this Lease. Lessee 33 shall perform at its expense all restoration and repairs made necessary by the removal of any alterations or Lessee's Alterations and equipment as required by this Lease and any other agreements between the Lessor and Lessee. In the event Lessee fails to remove all of its equipment and personal property. 9 property, in addition to any other remedies Lessor may have, Lessor may elect to retain or dispose of said personal property and equipment in any manner Lessor in its sole discretion may decide. Without waiving any alterations other remedy, Lessor shall if it so elects to by notice to Lessee title to any or all of Lessee's equipment and personal property that Lessee does not remove from the premises on expiration or termination of the term of this Lease by giving at least ten (10) days notice to Lessee. Title to any such alteration or to Lessee's personal property that Lessor elects to and retain or dispose of on the expiration of the ten (10) day period shall vest in Lessor. same. Lessee waives all claims against Lessor for any damage to Lessee resulting from Lessor's retention or disposition of any such alterations or Lessee's personal property. Lessee shall also be liable to Lessor for Lessor's costs for storing, removing removing, and disposing of any alterations or Lessee's personal property. If Lessee fails falls to surrender the premises Premises to Lessor on expiration or termination of the term as required under by this paragraph, paragraph 29, Lessee shall defend Lessor and hold Lessor harmless from all damages resulting from Lessee's failure to surrender the premises, Premises, including, without limitation, lost rental value and any claims made by a succeeding Tenant new tenant resulting from Lessee's failure to surrender the premises. Premises. View More
Surrender of Premises. On expiration of the term, Lessee shall surrender to (b) Lessor the premises and all Lessee's improvements and additions in good condition, except for ordinary wear and tear occurring after the last necessary maintenance made by Lessee and except for alterations that Lessee has the right to remove. Lessee shall remove all its personal property by the date of such termination of the term, and shall perform restoration made necessary by removal of any alterations or Lessee's personal property. 9 L...essor may can elect to retain or dispose of in any manner any alterations or alteration of Lessee's personal property that Lessee does not remove from the premises on expiration or termination of the term of as allowed or required by this Lease by giving at least ten (10) days notice to Lessee. Title to any such alteration alterations or to Lessee's personal property that Lessor elects to retain or dispose of on the expiration of the ten (10) day period ten-day (10-day) period, shall vest in Lessor. Lessee waives all claims against Lessor for any damage damages to Lessee resulting from Lessor's retention or disposition of any such alterations or Lessee's personal property. Lessee shall be liable to Lessor for Lessor's costs for storing, removing and disposing of any alterations or Lessee's personal property. (c) If Lessee fails to surrender the premises to Lessor on expiration or termination of the term as required under this paragraph, herein, Lessee shall defend Lessor and hold Lessor harmless from all damages resulting from Lessee's failure to surrender the premises, including, without limitation, claims made by a succeeding Tenant Lessee resulting from Lessee's failure to surrender the premises. View More
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Surrender of Premises. At the expiration of the lease term, the Tenant will quit and surrender the Premises in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and damages by the elements excepted.
Surrender of Premises. At the expiration of the lease term, the Tenant Term of this Sublease, Sublessee will quit and surrender the Premises in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and damages by the elements excepted.
Surrender of Premises. At Upon the expiration of the lease term, the Tenant will quit and term hereof, Lessee shall surrender the Premises in as good a state and condition as they were at the commencement of this Lease, Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.
Surrender of Premises. At Upon the expiration of the lease term, the Tenant will quit and term hereof. Lessee shall surrender the Premises in as good a state and condition as they were at the commencement of this Lease, Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.
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Surrender of Premises. Whenever under the terms hereof Landlord is entitled to possession of the Premises, Tenant at once shall surrender the Premises and the keys thereto to Landlord. The Premises will be delivered (i) in broom clean condition and otherwise in substantially the same condition as on the Commencement Date, except for damage arising from ordinary wear and tear or caused by Landlord or any agent, employee or contractor of Landlord, or as the result of any Casualty or Taking (ii) Tenant shall remove all o...f its personal property therefrom and (iii) Tenant shall, if directed to do so by Landlord in accordance with Article 21 above, remove any Specialty Alterations and restore the Premises to substantially its original condition prior to the construction of such improvements (provided, however, that Tenant shall not be required to remove any Tenant Improvements or Alterations other than Tenant Improvements or Alterations which are Specialty Alterations that Tenant is required to remove pursuant to Article 21); and (iv) Tenant will remove all Cable as required pursuant to the terms of Article 21. Landlord may forthwith re-enter the Premises and repossess itself thereof and remove all persons and effects therefrom, using such force as may be reasonably necessary without being guilty of forcible entry, detainer, trespass or other tort. Tenant's obligation to observe or perform these covenants shall survive the expiration or other termination of this Lease. View More
Surrender of Premises. Whenever under the terms hereof Landlord is entitled to possession of the Premises, Tenant at once shall surrender the Premises and the keys thereto to Landlord. The Premises will be delivered (i) in broom clean condition and otherwise in substantially the same condition as on the Commencement Date, except for damage arising from ordinary wear and tear or caused by Landlord or any agent, employee or contractor associated with the responsible use of Landlord, or as the result of any Casualty or T...aking (ii) first-class office space only excepted, and Tenant shall remove all of its personal property therefrom and (iii) Tenant shall, if directed to do so by Landlord in accordance with Article 21 above, remove any Specialty Alterations and restore the Premises to substantially its original condition prior to the construction of such improvements (provided, however, that Tenant shall not be required which have been made therein by or on behalf of Tenant, including any improvements made prior to remove any Tenant Improvements or Alterations other than Tenant Improvements or Alterations which are Specialty Alterations that Tenant is required to remove pursuant to Article 21); and (iv) the Commencement Date; additionally Tenant will remove all Cable as required pursuant to the terms of Article 21. 21, and if and to the extent required by Landlord pursuant to the provisions of Article 21, any Specialty Alterations. Landlord may forthwith re-enter the Premises and repossess itself thereof and remove all persons and effects therefrom, using such force as may be reasonably necessary without being guilty of forcible entry, detainer, trespass or other tort. Tenant's obligation to observe or perform these covenants shall survive the expiration or other termination of this Lease. If the last day of the Term or any renewal falls on a Saturday, Sunday or a legal holiday, this Lease shall expire on the Business Day immediately preceding. View More
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Surrender of Premises. Tenant shall surrender and deliver up the Premises, and all improvements thereon, to Landlord at the expiration or other termination of this Lease in AS-IS condition, without representation or warranty.
Surrender of Premises. Tenant shall surrender and deliver up the Premises, and all improvements thereon, Tenant Improvements thereon that remain after any removal of any portion thereof by Tenant, to Landlord at the expiration or other termination of this Lease in AS-IS condition, without representation or warranty.
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Surrender of Premises. Tenant shall deliver the Premises (together with all Tenant Improvements, alterations and other improvements made by or on behalf of Tenant) to Landlord upon the expiration or sooner termination of the Term or upon termination of Tenant's right of possession of the Premises in good condition, less ordinary wear and tear, or damage from casualty, excepted, failing which Landlord may restore the Premises to such condition and Tenant shall pay Landlord the cost thereof upon demand. All installation...s (including low voltage cabling), alterations, additions, hardware, non-trade fixtures and improvements, temporary or permanent, except movable furniture, trade fixtures and equipment belonging to Tenant ("Fixtures"), in or upon the Premises, whether placed there by Tenant or Landlord, shall be Landlord's property and shall be relinquished to Landlord in good condition, ordinary wear and tear excepted, at the termination of this Lease or Tenant's right to possession by lapse of time or otherwise, all without compensation, allowance or credit to Tenant. At the time of approving alterations in accordance with Section 10 or the Tenant Improvements Work in Section 21, Landlord may identify in writing to Tenant that such alterations must be removed or restored at the end of the term. Tenant shall otherwise have no obligation to remove the Tenant Improvements or any alterations or improvements under this Section 9 that have been approved by Landlord in writing pursuant to Section 10 unless identified by Landlord in accordance with the immediately preceding sentence. If Tenant fails to comply with the provision of this paragraph, all personal property and equipment of Tenant shall be deemed abandoned and Landlord may remove the same upon two (2) business days' notice and Tenant shall, upon demand, pay to Landlord the cost of such removal and of any necessary restoration of the Premises. View More
Surrender of Premises. Tenant shall deliver the Premises (together with all Tenant Improvements, alterations and other improvements made by or on behalf of Tenant) to Landlord upon the expiration or sooner termination of the Term or upon termination of Tenant's right of possession of the Premises in as good condition, less condition as when Tenant was first entitled to possession thereof, ordinary wear and tear, or damage fire and other casualty not resulting from casualty, Tenant's negligence excepted, failing which ...Landlord may restore the Premises to such condition and Tenant shall pay Landlord the cost thereof upon demand. in accordance with the provisions of Paragraph 24N hereof. All installations (including low voltage cabling), installations, alterations, additions, hardware, non-trade fixtures and improvements, temporary or permanent, except movable furniture, trade fixtures and equipment belonging to Tenant ("Fixtures"), Tenant, ("Fixtures") in or upon the Premises, whether placed there by Tenant or Landlord, shall be Landlord's property and shall be relinquished to Landlord in good condition, ordinary wear and tear excepted, at the termination of this Lease or Tenant's right to possession by lapse of time or otherwise, all without compensation, allowance or credit to Tenant. At the time of approving alterations in accordance with Section 10 Tenant; provided, however, that if prior to such termination or the Tenant Improvements Work in Section 21, within fifteen (15) days thereafter Landlord may identify in writing to Tenant that such alterations must be removed or restored at the end of the term. so directs by notice, Tenant shall otherwise have no obligation to promptly remove the Fixtures placed in or upon the Premises by Tenant Improvements or any alterations or improvements under this Section 9 that have been approved by Landlord and designated in writing pursuant to Section 10 unless identified by Landlord in accordance with the immediately preceding sentence. If Tenant fails to comply with notice and restore the provision of this paragraph, all personal property and equipment of Tenant shall be deemed abandoned and Premises, failing which Landlord may remove the same upon two (2) business days' notice and Tenant shall, upon demand, pay to Landlord the cost of such removal and of any necessary restoration of the Premises. View More
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Surrender of Premises. (a)The voluntary or other surrender of this Lease by Tenant to Landlord, or a mutual termination thereof, shall not work a merger, and shall at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies affecting the Premises. (b)Upon the expiration of the Term of this Lease, or upon any earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord in as good order and condition as the same are now or hereafter may b...e improved by Landlord or Tenant, reasonable wear and tear and repairs which are Landlord's obligation excepted, and shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitioning and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and all similar articles of any other persons claiming under Tenant, unless Landlord exercises its option to have any subleases or subtenancies assigned to it, and Tenant shall repair all damage to the Premises resulting from such removal. Notwithstanding the foregoing, Landlord reserves the right to require Tenant to keep all telecommunications cabling and equipment intact and in place; provided, however, that if Landlord does not exercise its option hereunder, Tenant shall nonetheless not cut or otherwise sever any such cabling but may unplug or disconnect it from any equipment being removed at the end of the Term. (c)Any property of Tenant not removed by Tenant upon the expiration of the Term of this Lease (or within forty-eight (48) hours after a termination or re-entry by Landlord pursuant to Section 22 hereof) shall be considered abandoned. Landlord shall give Tenant notice of its right to reclaim abandoned property pursuant to California Civil Code Section 1980, et. seq., and may, thereafter, remove any or all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. Tenant hereby grants to Landlord a security interest in said abandoned property, in the event it is not reclaimed within the statutory period. If Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord, may sell any or all of such property at public or private sale, in such manner and at such time and places as Landlord, in its sole discretion, may deem proper without notice to or demand upon Tenant, and shall apply the proceeds of such sale: (i) first, to the costs and expenses of such sale, including reasonable attorneys' fees actually incurred; (ii) second, to the payment of the costs for the removal and storing of any such property; (iii) third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and (iv) fourth, the balance, if any, to Tenant. View More
Surrender of Premises. (a)The voluntary or other surrender of this Lease by Tenant to Landlord, or a mutual termination thereof, shall not work a merger, and shall at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies affecting the Premises. (b)Upon Upon the expiration of the Term of this Lease, Lease Term, or upon any earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord in as good order and condition as the same are now o...r and hereafter may be improved by Landlord or Tenant, reasonable wear and tear and repairs which are Landlord's obligation excepted, and shall, without expense to Landlord, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, equipment (including, without limitation, any and all computer, 48 network, telecommunications and/or other systems or equipment installed in or about the Premises by or on behalf of Tenant prior to or during the term of this Lease, and any and all wiring and/or cabling related thereto (irrespective of whether such wiring and cabling is installed or located in the Premises and/or any electrical rooms, pathways, shafts, risers, conduits or plenums located within the Building and/or appurtenant thereto, it being the intent of the parties that Tenant shall remove the same, at Tenant's sole cost and expense)), business and trade fixtures, free-standing cabinet work, movable moveable partitioning and other articles of personal property owned by Tenant or and/or installed or placed by Tenant at its expense in the Premises, Premises by or on behalf of Tenant, and all similar articles of any other persons claiming under Tenant, Tenant unless Landlord exercises its option to have any subleases or subtenancies assigned to it, and Tenant shall repair all damage to the Premises and/or Building resulting from the installation and removal of such removal. Notwithstanding items to be removed and restore such areas to the foregoing, Landlord reserves condition that existed prior to the right installation thereof in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such repair and restoration. In addition, prior to require Lease Termination, Tenant shall, at its sole cost, take all actions necessary to keep all telecommunications cabling close out any Hazardous Material permit(s) issued to Tenant (or any person or entity claiming an interest in the Premises, or any portion thereof, under, by or through Tenant) and equipment intact and obtain environmental closure from the applicable governmental authority with respect to the use of Hazardous Materials on or in place; provided, however, that if Landlord does the Premises by Tenant (or any person or entity claiming an interest in the Premises, or any portion thereof, under by or through Tenant). If the Premises are not exercise its option hereunder, so surrendered at Lease Termination, Tenant shall nonetheless not cut indemnify, defend and hold Landlord harmless from and against any loss, damage, expense, claim or otherwise sever liability resulting from delay by Tenant in so surrendering the Premises including, without limitation, any such cabling but may unplug claims made by any succeeding tenant or disconnect it from any equipment being removed at the end of the Term. (c)Any losses to Landlord due to lost opportunities to lease to succeeding tenants. Any personal property of Tenant not removed by Tenant upon the expiration of the Lease Term of this Lease (or within forty-eight (48) hours five (5) business days after a termination or re-entry by Landlord pursuant to Section 22 hereof) reason of Tenant's default), as provided in this Lease, shall be considered abandoned. abandoned and Landlord shall give Tenant notice of its right to reclaim abandoned property pursuant to California Civil Code Section 1980, et. seq., and may, thereafter, may remove any or all of such items and dispose of the same in any manner or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Tenant. Tenant hereby grants to Landlord a security interest in said abandoned property, in the event it is not reclaimed within the statutory period. If Tenant, and if Tenant shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) ninety (90) days or more, Landlord, Landlord may sell any or all of such property at public or private sale, in such manner and at such time times and places as Landlord, in its sole discretion, may deem proper proper, without notice or to or demand upon Tenant, for the payment of all or any part of such charges or the removal of any such property, and shall apply the proceeds of such sale: (i) first, to the costs cost and expenses expense of such sale, including reasonable attorneys' fees actually incurred; (ii) for services rendered; second, to the payment of the costs cost of or charges for the removal and storing of any such property; (iii) third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof; and (iv) fourth, the balance, if any, to Tenant. The provisions of this Paragraph 35 shall survive Lease Termination. View More
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