Surrender of Premises Clause Example with 7 Variations from Business Contracts
This page contains Surrender of Premises clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
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
Variations of a "Surrender of Premises" Clause from Business Contracts
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 shall, at least thirty (30) days before the expiration of the Term, arrange to meet Landlord for two (2) a joint inspections inspection of the Premises, Premises. Within ten (10) days after such joint inspection, Landlord and Tenant in good faith will determine Tenant's responsibility for repairs and restoration, if any, necessary to return the first Premises 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. condition required by Section 26.2 below. In the event of Tenant's failure to arrange such joint inspections and/or participate in either such inspection, inspection to be held prior to vacating 27 Initials the Premises, 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 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 improvements or additions upon or belonging to the same, 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 Following the foregoing, if Landlord elects by notice given to Tenant at least ten (10) days prior to expiration completion of the Term, joint inspection described in Section 26.1 above, Tenant may, and at Landlord's request 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 ceiling, trade fixtures and personal property, as well as all data/telecommunications cabling and wiring other property installed by Tenant, title to which shall not be in or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, "Personalty"). Personalty pass automatically to Landlord upon such termination, repairing all damage caused by such removal. Property not so removed shall shall, unless requested to be removed, 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 sale. All other alterations, additions and disposal of such Personalty, as well as any damage caused by such removal. In lieu of requiring Tenant improvements in, on or to remove Alterations and Personalty and repair the Premises shall be dealt with and disposed of 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 provided in an amount reasonably estimated by Landlord. 29 Article 6 hereof. 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. In the event that Tenant's failure to perform prevents Landlord from releasing the Premises, Tenant shall continue to pay Annual Rent and Additional Rent pursuant to the provisions of Article 14 until such performance is complete. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord as Additional Rent the amount, as estimated agreed upon by Landlord, Landlord and Tenant following the completion of the joint inspection described in Section 26.1 above, 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 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
Surrender of Premises. 26.1 Tenant shall arrange to meet Landlord for two (2) joint inspections of the Premises, the first to occur shall, at least thirty (30) days (but no more than sixty (60) days) before the last day of the Term, and the second arrange to occur not later than forty-eight (48) hours after Tenant has vacated meet Landlord for a joint inspection of the Premises. In the event of Tenant's failure to arrange such joint inspections and/or participate in either such inspection, inspection to be held prior ...to vacating the Premises, 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 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 improvements or additions upon or belonging to the same, 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 may, and at least ten (10) days prior to expiration of the Term, Tenant Landlord's request 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 ceiling, trade fixtures and personal property, as well as all data/telecommunications cabling and wiring other property installed by Tenant, title to which shall not be in or on behalf of Tenant, whether inside walls, under any raised floor or above any ceiling (collectively, "Personalty"). Personalty pass automatically to Landlord upon such termination, repairing all damage caused by such removal. Property not so removed shall shall, unless requested to be removed, 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 sale. All other alterations, additions and disposal of such Personalty, as well as any damage caused by such removal. In lieu of requiring Tenant improvements in, on or to remove Alterations and Personalty and repair the Premises shall be dealt with and disposed of 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 provided in an amount reasonably estimated by Landlord. 29 Article 6. 21 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. In the event that Tenant's failure to perform prevents Landlord from releasing the Premises, Tenant shall continue to pay rent pursuant to the provisions of Article 14 until such performance is complete. 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 Tenant and Landlord shall arrange to meet Landlord for two (2) joint inspections of the Premises, Premises as set forth in Exhibit E, 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 Premises as set forth in Exhibit E attached hereto and incorporated herein. Should either Tenant or Landlord fail to appear at either or both pr...eviously-scheduled inspections the event attending party's determination 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. restoration shall be final. 26.2 All alterations, additions, and improvements in, on, or to the Premises made or installed by or for Tenant, including, without limitation, Tenant including 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 tide 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, cost remove any Alterations, including carpeting, so designated by Landlord's notice, and repair any damage caused by such removal. removal, except for any alterations, additions and improvements for which (a) Tenant must, has received written approval in the form of Exhibit G attached hereto and incorporated herein pursuant to this Article 26 and for which Landlord has waived in writing, as set forth in Exhibit G, its rights under this Section 26.2 to elect to have Tenant remove such alterations, additions and improvements or (b) Landlord has been deemed to have approved and waived its rights to require Tenant to remove such alterations, additions and improvements after Landlord's failure to respond to Tenant's tender of Exhibit G within ten (10) business days. Tenant must at Tenant's sole cost, 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 property (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. Term. 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 inspection s and/or participate parti cipate in either such inspection, Landlord's inspection at or after Tenant's vacating the P...remises shall be conclusively conclusi vely deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. restoration . 26.2 All alterations, additions, and improvements in, on, or to the Premises made or installed by or for Tenant, including, without limitation, including carpeting (collectively, "Alterations"), shall be and remain the property of Tenant during the Term. Upon the 17 11/02 SOG (BY)-INS Revised 10/03 629620.v l DALLAS:74008/000l3:1276703v6 expiration or sooner termination of the Term, all Alterations shall become a part of the realty and an d 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) (J O) days prior to expiration of the Term, Tenant shall, at Tenant's sole cost, remove any Alterations, including carpeting, so designated by Landlord's Landlord 's notice, and repair any damage caused by such removal. Tenant must, at Tenant's Tenant 's sole cost, remove upon termination of this th is Lease, any and all of Tenant's furniture, furn iture, furnishings, equipment, movable partitions of less than full height from floor to ceiling cei ling 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, persona l property (coll ecti vel y, "Personalty"). Personalty not so removed shall be deemed abandoned by the Tenant and title to the same shall shal l 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 Landlord . 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 earl ier termination of the Term Upon the expiration or earlier termination of the Term, Tem1, Tenant shall pay to Landlord the amount, as estimated by Landlord, Lan dlord, 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
