Condition upon Termination. Upon the termination of the Lease, Tenant shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction) or Section 4.05(d). In addition, Landlord may at its option require Tenant to remove or demolish any alterations, additions or improvements (whether or not made with Landlord's consent), including all interior, exterior and loading dock improvements, prior to the expiration of the Lease Term and to restore the Property to a condition equal to Landlord's standard building specifications, all at Tenant's expense. Whether or not Landlord elects to require Tenant demolish or restore improvements, Tenant shall restore the loading dock to its original forty-eight inch (48") height and otherwise to a condition the same as existed prior to execution of this Lease. If requested by Tenant, Landlord will include within its consent to requested alterations, additions or improvements a list of those of the requested alterations, additions or improvements items to be removed or demolished by Tenant prior to the expiration of this Lease. In the event Tenant delivers to Landlord the Early Termination Notice, Landlord shall provide Tenant a list of items to be removed or demolished prior to the Early Termination Date. Landlord shall allow Tenant no less than twenty-one (21) days to remove or demolish the alterations, additions or improvements. In the event Tenant fails to demolish or remove [or if Tenant fails to adequately demolish or remove] any items which Landlord has included in the list, Tenant shall upon demand reimburse Landlord for the cost of demolition or removal, and Tenant shall be subject to damages equal to twenty-five percent (25%) of the cost of such demolition or removal. The Parties acknowledge the difficulty of ascertaining Landlord's actual damages and therefore agree that the above amounts are a good faith reasonable attempt to identify and quantify Landlord's actual damages and as such do not constitute a penalty. Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal or demolition of any such alterations, additions or improvements. All alterations, additions and improvements, excepting Tenant's trade fixtures, personal property and removable equipment, which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of the Lease. Unless directed by Landlord to do so, Tenant shall not remove any of the following materials or equipment, if permanently (but not temporarily) attached to the Property (which shall be deemed Landlord's property) without Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; rooftop communication equipment or other similar building operating equipment and decorations.
Appears in 1 contract
Samples: Lease Agreement (Homegrocer Com Inc)
Condition upon Termination. Upon the termination of the Lease, Tenant shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction) or Section 4.05(d). In addition, Landlord may at its option require Tenant to remove or demolish any alterations, additions or improvements (whether or not made with Landlord's consent), including all interior, exterior and loading dock improvements, prior to the expiration of the Lease Term and to restore the Property to a condition equal to Landlord's standard building specificationsits prior condition, all at Tenant's expense; provided that Landlord must advise Tenant in writing at the time Landlord approves any such alterations if Landlord's approval is conditioned upon Tenant's removal of such alterations upon the expiration or earlier termination of this Lease; otherwise, Tenant will not be required to remove such alterations. Whether or With respect to alterations that do not require Landlord's approval, unless Tenant obtains Landlord's waiver of the removal and restoration requirement prior to commencing construction, Landlord elects will have the right to require Tenant demolish or restore improvements, Tenant shall restore the loading dock to its original forty-eight inch (48") height and otherwise to a condition the same as existed prior to execution of this Lease. If requested by Tenant, Landlord will include within its consent to requested alterations, additions or improvements a list of those of the requested alterations, additions or improvements items to be removed or demolished by Tenant prior to the expiration of this Lease. In the event Tenant delivers to Landlord the Early Termination Notice, Landlord shall provide Tenant a list of items to be removed or demolished prior to the Early Termination Date. Landlord shall allow Tenant no less than twenty-one (21) days to remove or demolish the alterations, additions or improvements. In the event Tenant fails to demolish or remove [or if Tenant fails to adequately demolish or remove] any items which Landlord has included in the list, Tenant shall upon demand reimburse Landlord for the cost of demolition or removal, alterations and Tenant shall be subject to damages equal to twenty-five percent (25%) of the cost of such demolition or removal. The Parties acknowledge the difficulty of ascertaining Landlord's actual damages and therefore agree that the above amounts are a good faith reasonable attempt to identify and quantify Landlord's actual damages and restore as such do not constitute a penalty. Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal or demolition of any such alterations, additions or improvementsaforesaid. All alterations, additions and improvements, excepting Tenant's trade fixtures, personal property and removable equipment, improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of the Lease, except that Tenant may remove any of Tenant's machinery or equipment which can be removed without material damage to the Property. Unless directed by Landlord to do so, Tenant shall not repair, at Tenant's expense, any damage to the Property caused by the removal of any such machinery or equipment. In no event, however, shall Tenant remove any of the following materials or equipment, if permanently (but not temporarily) attached to the Property equipment (which shall be deemed Landlord's property) without Landlord's prior written consent: ; any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; rooftop communication equipment or other similar building operating equipment and decorations.
Appears in 1 contract
Condition upon Termination. Upon Not later than the termination last day of the LeaseLease Term (or any renewals or extensions thereof), Tenant shall surrender the Property Premises to Landlord, broom clean (with all keys in Tenant’s possession or control) and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy repair under any provision of this Lease; provided, however, that Tenant shall not be required to rebuild any of the first floor office portion of the Premises if Tenant retrofits that portion of the Premises. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven 7 (Damage or Destruction) or Section 4.05(d). In addition, Landlord may at its option require Tenant to remove or demolish any alterations, additions or improvements (whether or not made with Landlord's consent), including all interior, exterior and loading dock improvements, ’s consent unless Tenant obtained Landlord’s consent to surrender the Premises without such removal) prior to the expiration of the Lease Term and to restore the Property Premises to a its prior condition equal to Landlord's standard building specificationsas of the date of execution of this Lease by both parties, all at Tenant's expense. Whether or not Landlord elects to require Tenant demolish or restore improvements, Tenant shall restore the loading dock to its original forty-eight inch (48") height and otherwise to a condition the same as existed prior to execution of this Lease. If requested by Tenant, Landlord will include within its consent to requested alterations, additions or improvements a list of those of the requested alterations, additions or improvements items to be removed or demolished by Tenant prior to the expiration of this Lease. In the event Tenant delivers to Landlord the Early Termination Notice, Landlord shall provide Tenant a list of items to be removed or demolished prior to the Early Termination Date. Landlord shall allow Tenant no less than twenty-one (21) days to remove or demolish the alterations, additions or improvements. In the event Tenant fails to demolish or remove [or if Tenant fails to adequately demolish or remove] any items which Landlord has included in the list, Tenant shall upon demand reimburse Landlord for the cost of demolition or removal, and Tenant shall be subject to damages equal to twenty-five percent (25%) of the cost of such demolition or removal. The Parties acknowledge the difficulty of ascertaining Landlord's actual damages and therefore agree that the above amounts are a good faith reasonable attempt to identify and quantify Landlord's actual damages and as such do not constitute a penalty. Tenant shall repair, at Tenant's ’s expense, any damage to the Property caused by the removal or demolition of any such alterationsas provided in Section 6.05A, additions or improvementsexcept ordinary wear and tear. All alterations, additions and improvements, excepting Tenant's trade fixtures, personal property and removable equipment, improvements which Landlord has did not required require Tenant to remove (upon expiration or earlier termination of the Lease) at time of Landlord’s consent shall become Landlord's ’s property and shall be surrendered to Landlord upon the expiration or earlier termination of the Lease, except that Tenant may remove any of Tenant’s machinery, equipment or fixtures which can be removed without material damage to the Premises. Unless directed by Landlord to do so, Tenant shall not repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such machinery, equipment or fixtures. In no event, however, shall Tenant remove any of the following materials or equipment, if permanently (but not temporarily) attached to the Property (which shall be deemed Landlord's ’s property) without Landlord's ’s prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; : drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; rooftop communication equipment , or other similar building operating equipment and decorations.
Appears in 1 contract
Condition upon Termination. Upon the termination of the Lease, Tenant shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction) or Section 4.05(d). In addition, Landlord may at its option require Tenant to remove or demolish any alterations, additions or improvements (whether or not made with Landlord's consent), including all interior, exterior and loading dock improvements, prior to the expiration of the Lease Term and to restore the Property to a condition equal to Landlord's standard building specifications, all at Tenant's expense. Whether or not Landlord elects to require Tenant demolish or restore improvements, Tenant shall restore the loading dock to its original forty-eight inch (48") height and otherwise to a condition the same as existed prior to execution of this Lease. If requested by Tenant, Landlord will include within its consent to requested alterations, additions or improvements a list of those of the requested alterations, additions or improvements items to be removed or demolished by Tenant prior to the expiration of this Lease. In the event Tenant delivers to Landlord the Early Termination Notice, Landlord shall provide Tenant a list of items to be removed or demolished prior to the Early Termination Date. Landlord shall allow Tenant no less than twenty-one (21) days to remove or demolish the alterations, additions or improvements. In the event Tenant fails to demolish or remove [or if Tenant fails to adequately demolish or remove] any items which Landlord has included in the list, Tenant shall upon demand reimburse Landlord for the cost of demolition or removal, and Tenant shall be subject to damages equal to twenty-five percent (25%) of the cost of such demolition or removal. The Parties acknowledge the difficulty of ascertaining Landlord's actual damages and therefore agree that the above amounts are a good faith reasonable attempt to identify and quantify Landlord's actual damages and as such do not constitute a penalty. Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal or demolition of any such alterations, additions or improvements. All alterations, additions and improvements, excepting Tenant's trade fixtures, personal property and removable equipment, which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon At the expiration or earlier termination of this Lease, Tenant (and all persons claiming by, through or under Tenant) shall, without the necessity of any notice, surrender the Premises (including any Alterations and all replacements thereof, except such Alterations constructed after the Commencement Date as Landlord may direct to be removed at the time of Landlord’s approval thereof, which shall be removed by Tenant and the Premises restored to their pre-existing condition) and all keys to the Premises, remove all of Tenant’s Property, all Required Removal Alterations, all of Tenant’s trade fixtures and personal property not bolted or otherwise attached to the Premises (and such trade fixtures and other property bolted or attached to the Premises as Landlord may direct, or, except as set forth below, as Tenant may desire), all Tenant’s signs wherever located, and any other furniture, fixtures, and equipment Tenant is required to remove upon termination or earlier termination of the Lease Term pursuant to the terms of this Lease, in each case repairing damage to the Premises which results in the course of such removal and restoring the Premises to a fully functional and tenantable condition (including the filling of all floor holes, the removal of all disconnected wiring back to junction boxes and the replacement of all damaged or stained ceiling tiles). Unless directed Tenant shall yield up the Premises broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the extent provided in Article X of this Lease only) excepted. Any property not so removed within thirty (30) days after the expiration or termination of the Lease shall be deemed abandoned and may be removed and disposed of by Landlord to do soin such manner as Landlord shall determine, and Tenant shall not pay to Landlord the reasonable cost and expense incurred by Landlord in effecting such removal and disposition and in making any required repairs to the Premises. In no event, however, shall Tenant remove any of the following materials or equipment, if permanently (but not temporarily) attached to the Property equipment (which shall be deemed Landlord's ’s property) ), without Landlord's ’s prior written consent: any (a) power wiring or power wiring panels; (b) lighting or lighting fixtures; (c) doors, windows, or wall coverings; (d) drapes, blinds or other window coverings; (e) installed carpets or other installed floor coverings; heaters, air conditioners (f) built-in or any other hard-wired heating or air conditioning equipment; (g) fencing or security gates; rooftop communication equipment or other (h) other, similar building operating equipment and decorationsof the Building.
Appears in 1 contract
Samples: Lease (Biolife Solutions Inc)
Condition upon Termination. Upon the termination of the this Lease, Tenant shall surrender the Property to Landlord, broom clean clean, free of debris and free of Tenant’s property, and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven ARTICLE 7 (Damage or Destruction) or Section 4.05(d). In addition, Landlord may at its option require Tenant to remove (or demolish Landlord can elect to do such removal and restoration at Tenant’s expense) any alterations, additions or improvements made by Tenant or at Tenant’s direction or any other tenant improvements (whether or not made constructed with Landlord's ’s consent), including all interior, exterior and loading dock except if Landlord’s written consent to such improvements, alterations or additions specifically states that such alterations, additions or improvements may remain on the Property after the Lease termination) prior to the expiration of this Lease (or after the expiration of this Lease Term at Landlord’s discretion) and to restore the Property to a condition equal to Landlord's standard building specificationsits prior condition, all at Tenant's ’s expense. Whether or not Landlord elects to require Tenant demolish or restore improvements, Tenant shall restore the loading dock to its original forty-eight inch (48") height and otherwise to a condition the same as existed prior to execution of this Lease. If requested by Tenant, Landlord will include within its consent to requested alterations, additions or improvements a list of those of the requested alterations, additions or improvements items to be removed or demolished by Tenant prior to the expiration of this Lease. In the event Tenant delivers to Landlord the Early Termination Notice, Landlord shall provide Tenant a list of items to be removed or demolished prior to the Early Termination Date. Landlord shall allow Tenant no less than twenty-one (21) days to remove or demolish the alterations, additions or improvements. In the event Tenant fails to demolish or remove [or if Tenant fails to adequately demolish or remove] any items which Landlord has included in the list, Tenant shall upon demand reimburse Landlord for the cost of demolition or removal, and Tenant shall be subject to damages equal to twenty-five percent (25%) of the cost of such demolition or removal. The Parties acknowledge the difficulty of ascertaining Landlord's actual damages and therefore agree that the above amounts are a good faith reasonable attempt to identify and quantify Landlord's actual damages and as such do not constitute a penalty. Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal or demolition of any such alterations, additions or improvements. All alterations, additions and improvements, excepting Tenant's trade fixtures, personal property and removable equipment, improvements which Landlord has not required Tenant to remove shall become Landlord's ’s property and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without material damage to the LeaseProperty. Unless directed Tenant shall repair, at Tenant’s expense, any damage to the Property caused by Landlord the removal of any such machinery or equipment. Notwithstanding any other provision of this Lease to do sothe contrary, Tenant shall may not remove any of the following materials or equipment, if permanently (but not temporarily) attached to the Property equipment (which shall be deemed Landlord's ’s property) without Landlord's ’s prior written consent: consent (however, if such items were installed by Tenant or are part of Tenant’s alterations, additions or improvements, Landlord may still require that these items be removed by Tenant at Tenant’s expense): any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; rooftop communication equipment or other similar building operating equipment and decorations.
Appears in 1 contract
Samples: Qualstar Corp
Condition upon Termination. Upon the expiration or termination of the this Lease, Tenant shall surrender the Property Demised Premise to Landlord, Landlord broom clean and in the same condition as received on the Commencement Date, except for ordinary wear and tear which Tenant was is not otherwise obligated to obligate remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Property Condition) or Article Eight (Damage or Destruction) or Section 4.05(d). In addition, Landlord may at its option require Tenant to remove or demolish any alterations, additions or improvements (whether or not made with Landlord's ’s consent), including all interior, exterior and loading dock improvements, ) prior to the expiration or termination of the this Lease Term and to restore the Property Demised Premises to a condition equal to Landlord's standard building specificationsits prior condition, all at Tenant's ’s expense. Whether ; provided, however, in no event will Tenant be required to remove any of the following: (1) any of the Tenant Improvements; or not Landlord elects to require Tenant demolish or restore improvements, Tenant shall restore (2) any of the loading dock to its original forty-eight inch (48") height and otherwise to a condition the same as existed prior to execution of this Lease. If requested by Tenant, Landlord will include within its consent to requested alterations, additions or improvements to the Demised Premises unless the same are installed by or for the benefit of Tenant and in Landlords’ reasonable judgment are of a list of those nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office and / or warehouse improvements and if requested alterationsin writing by Tenant, additions or improvements items to be removed or demolished by Landlord has notified Tenant of the foregoing prior to the expiration of this Lease. In the event Tenant delivers to Landlord the Early Termination Notice, Landlord shall provide Tenant a list of items to be removed or demolished prior to the Early Termination Date. Landlord shall allow Tenant no less than twenty-one (21) days to remove or demolish the alterations, additions or improvements. In the event Tenant fails to demolish or remove [or if Tenant fails to adequately demolish or remove] any items which Landlord has included in the list, Tenant shall upon demand reimburse Landlord for the cost of demolition or removal, and Tenant shall be subject to damages equal to twenty-five percent (25%) completion of the cost of such demolition applicable alteration, addition or removal. The Parties acknowledge the difficulty of ascertaining Landlord's actual damages and therefore agree that the above amounts are a good faith reasonable attempt to identify and quantify Landlord's actual damages and as such do not constitute a penalty. Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal or demolition of any such alterations, additions or improvementsimprovement. All alterations, additions and improvements, excepting Tenant's trade fixtures, personal property and removable equipment, improvements which Landlord has not required Tenant to remove shall become Landlord's ’s property and shall be surrendered to Landlord upon the expiration or earlier termination of the this Lease. Unless directed by Landlord to do soIn no event, however, shall Tenant shall not remove any of the following materials or equipment, if permanently (but not temporarily) attached to the Property (which shall be deemed Landlord's property) equipment without Landlord's ’s prior written consent: any power (i) electrical wiring or power panels; (ii) lighting or lighting fixtures; (iii) wall coverings; , drapes, blinds or other window coverings; (iv) carpets or other floor coverings; heaters(v) heating, air conditioners or any other heating ventilating, or air conditioning equipment; (vi) fencing or security gates; rooftop communication or (vii) any other fixtures, equipment or other similar building operating equipment and decorationsitems which, if removed, would affect the operation or the appearance of the Property.
Appears in 1 contract
Samples: Commercial Lease Agreement (Oryon Technologies, Inc.)
Condition upon Termination. Upon the termination of the this Lease, Tenant shall surrender the Property Premises to Landlord, broom clean and in the same condition as received except for (including, without limitation, the removal of all floor striping and the resealing of the floor, but only to the extent such resealing is necessitated by the removal of such floor striping), ordinary wear and tear which excepted; provided, however, that (a) “ordinary wear and tear” shall not include any damage or deterioration that would or could have been prevented by good maintenance practice or by Tenant was not otherwise obligated to remedy performing all of its obligations under any provision of this Lease. However, and (b) Tenant shall not be obligated to repair any damage which Landlord is required to repair under Section 6.03 above or Article Seven (Damage or Destruction) or Section 4.05(d)below. In addition, Landlord may at its option require Tenant to remove or demolish any alterations, additions or improvements (whether or not made with Landlord's consent), including all interior, exterior and loading dock improvements, prior to the expiration of the Lease Term and to restore the Property to a condition equal to Landlord's standard building specifications, all at All Tenant's expense. Whether or not Landlord elects to require Tenant demolish or restore improvements, Tenant shall restore the loading dock to its original forty-eight inch (48") height and otherwise to a condition the same as existed prior to execution of this Lease. If requested by Tenant, Landlord will include within its consent to requested alterations, additions or improvements a list of those of the requested alterations, additions or improvements items to be removed or demolished by Tenant prior to the expiration of this Lease. In the event Tenant delivers to Landlord the Early Termination Notice, Landlord shall provide Tenant a list of items to be removed or demolished prior to the Early Termination Date. Landlord shall allow Tenant no less than twenty-one (21) days to remove or demolish the alterations, additions or improvements. In the event Tenant fails to demolish or remove [or if Tenant fails to adequately demolish or remove] any items which Landlord has included in the list, Tenant shall upon demand reimburse Landlord for the cost of demolition or removal, and Tenant shall be subject to damages equal to twenty-five percent (25%) of the cost of such demolition or removal. The Parties acknowledge the difficulty of ascertaining Landlord's actual damages and therefore agree Alterations that the above amounts are a good faith reasonable attempt to identify and quantify Landlord's actual damages and as such do not constitute a penalty. Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal or demolition of any such alterations, additions or improvements. All alterations, additions and improvements, excepting Tenant's trade fixtures, personal property and removable equipment, which Landlord has not required Tenant to remove shall become Landlord's ’s property and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease, except that Tenant may remove any of Tenant’s machinery, equipment or other personal property that can be removed without material damage to the LeasePremises. Unless directed by Landlord to do so, Tenant shall not repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such machinery, equipment or other personal property. In no event, however, shall Tenant remove any of the following materials or equipment, if permanently (but not temporarily) attached to the Property equipment (which shall be deemed Landlord's ’s property) without Landlord's ’s prior written consent: any power wiring or and power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or and other window coverings; carpets or and other floor coverings; heaters, air conditioners or and any other heating or and air conditioning equipment; fencing or and security gates; rooftop communication equipment or load levelers, dock lights, dock locks and dock seals; and other similar building operating equipment and decorations.. Tenant’s obligations under this Section 6.06 shall also include its obligations under Section 5.04 with respect to any Signs. If Tenant fails, by the expiration or earlier termination of the Lease Term, to restore the Premises to the condition required under this Section 6.06, then Tenant shall pay Landlord on demand an amount equal to the cost of such restoration work
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (MJ Holdings, Inc.)
Condition upon Termination. Upon the termination of the Lease, Tenant shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction) or Section 4.05(d)this lease. In addition, Landlord may at its option require Tenant to remove or demolish any alterations, additions or improvements (whether or not made with which Tenant was required to obtain Landlord's consentconsent as required by Paragraph 6.05(a), including all interior, exterior and loading dock improvements, prior to the expiration of the Lease Term and to restore the Property to a condition equal to Landlord's standard building specifications, all at provided that such consent when given was conditioned (as stated in writing evidencing such consent) upon Tenant's expense. Whether or not Landlord elects to require Tenant demolish or restore improvements, Tenant shall restore the loading dock to its original forty-eight inch (48") height and otherwise to a condition the same as existed prior to execution removal of this Lease. If requested by Tenant, Landlord will include within its consent to requested such alterations, additions or improvements a list of those of the requested alterations, additions or improvements items to be removed or demolished by Tenant prior to the expiration upon termination of this Lease. In the event ; provided that Tenant delivers to Landlord the Early Termination Notice, Landlord shall provide Tenant a list of items to not be removed or demolished prior to the Early Termination Date. Landlord shall allow Tenant no less than twenty-one (21) days required to remove or demolish the alterations, additions or improvements. In the event Tenant fails to demolish or remove [or if Tenant fails to adequately demolish or remove] any items which Landlord has included wire guidance system installed as specified in the list, Tenant shall upon demand reimburse Landlord for the cost of demolition or removal, and Tenant shall be subject to damages equal to twenty-five percent (25%) of the cost of such demolition or removal. The Parties acknowledge the difficulty of ascertaining Landlord's actual damages and therefore agree that the above amounts are a good faith reasonable attempt to identify and quantify Landlord's actual damages and as such do not constitute a penalty. Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal or demolition of any such alterations, additions or improvements. Section 6.05 herein All alterations, additions and improvements, excepting Tenant's trade fixtures, personal property and removable equipment, improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of the Lease, except that Tenant may remove any of Tenant's machinery, racking or equipment which can be removed without material damage to the Property. Unless directed by Landlord to do so, Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal of any such machinery, racking or equipment. Except for any materials or equipment provided or installed by Tenant (which shall not include the Additional Improvements as defined in the Rider), in no event shall Tenant remove any of the following materials or equipment, if permanently (but not temporarily) attached to the Property equipment (which shall be deemed Landlord's property) without Landlord's prior written consent: ; any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; rooftop communication equipment or other similar building operating equipment and decorations.. ARTICLE SEVEN: DAMAGE OR DESTRUCTION
Appears in 1 contract
Condition upon Termination. Upon the termination of the Lease, Tenant shall surrender the Property Premises to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. HoweverLease and damage due to condemnation, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage casualty or Destruction) or Section 4.05(d)fire. In addition, Landlord may at its option require Tenant to remove or demolish any alterations, additions or improvements (whether or not other than those made with Landlord's consent), including all interior, exterior and loading dock improvements, ) prior to the expiration of the Lease Term and to restore the Property Premises to a condition equal to Landlord's standard building specificationsits prior condition, all at Tenant's expense. Whether or not Landlord elects to require Tenant demolish or restore improvements, Tenant shall restore the loading dock to its original forty-eight inch (48") height and otherwise to a condition the same as existed prior to execution of this Lease. If requested by Tenant, Landlord will include within its consent to requested alterations, additions or improvements a list of those of the requested alterations, additions or improvements items to be removed or demolished by Tenant prior to the expiration of this Lease. In the event Tenant delivers to Landlord the Early Termination Notice, Landlord shall provide Tenant a list of items to be removed or demolished prior to the Early Termination Date. Landlord shall allow Tenant no less than twenty-one (21) days to remove or demolish the alterations, additions or improvements. In the event Tenant fails to demolish or remove [or if Tenant fails to adequately demolish or remove] any items which Landlord has included in the list, Tenant shall upon demand reimburse Landlord for the cost of demolition or removal, and Tenant shall be subject to damages equal to twenty-five percent (25%) of the cost of such demolition or removal. The Parties acknowledge the difficulty of ascertaining Landlord's actual damages and therefore agree that the above amounts are a good faith reasonable attempt to identify and quantify Landlord's actual damages and as such do not constitute a penalty. Tenant shall repair, at Tenant's expense, any damage to the Property caused by the removal or demolition of any such alterations, additions or improvements. All alterations, additions and improvements, excepting Tenant's trade fixtures, personal property and removable equipment, improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the expiration or earlier termination of the Lease. Unless directed by Landlord to do so, except that Tenant shall not may remove any of Tenant's machinery or equipment which can be removed without material damage to the following materials Premises. Tenant shall repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such machinery or equipment. If Tenant shall fail or refuse to restore the Premises as hereinabove provided, if permanently Landlord may do so and recover its cost for so doing. If Tenant shall fail or refuse to comply with Tenant's duty to remove all personal property and trade fixtures from the Premises upon the expiration or termination of this Lease, the parties hereto agree and stipulate that Landlord may, at its election: (but not temporarilyI) attached treat such failure or refusal as an offer by Tenant to transfer title to such property to Landlord, in which event the Property title thereto shall thereupon pass under this Lease as a xxxx of sale; or (ii) treat such failure or refusal as conclusive evidence, on which Landlord shall be deemed Landlord's entitled to rely absolutely, that Tenant has forever abandoned such property) . In either event, Landlord may, with or without Landlord's prior written consent: any power wiring accepting title thereto, keep or power panels; lighting remove, store, destroy, discard, or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners otherwise dispose of all or any part of such property in any manner that Landlord shall choose without incurring liability to Tenant or to any other heating person. In no event shall Landlord ever become or air conditioning equipment; fencing be charged with the duties of a Bailee of any property of Tenant. The failure of Tenant to remove any property from the Premises shall forever bar Tenant from bringing any action or security gates; rooftop communication equipment or other similar building operating equipment and decorationsasserting any liability against Landlord with respect to any property which Tenant fails to remove.
Appears in 1 contract
Samples: Lease Agreement
