Common use of Condition upon Termination Clause in Contracts

Condition upon Termination. Upon termination of this Lease, Tenant -------------------------- shall surrender the 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 provisions of this Lease and except for the Alterations (subject to Section 7.3) and Work in the Premises and except for any casualty damage, if any, for which Tenant is not responsible. In addition, Landlord may require Tenant to remove any Alterations (whether or not made with Landlord's consent) upon the termination of the Lease Term and may, subject to Section 7.3. require Tenant to restore the Premises to its original condition at Tenant's expense; provided, however, that Landlord must elect to have Tenant remove such Alterations by written notice to Tenant at the time Tenant requests Landlord's consent to such Alterations for which Landlord's prior consent is required and Tenant shall have no obligation to remove (a) any Alterations to the extent the same are customary and typical for general business offices; and (b) any Work installed in the Premises. Tenant may remove Tenant's machinery, trade fixtures or equipment ("Personal Property") which can be removed without leaving the Premises or the Building in a materially damaged condition. Tenant shall repair, at Tenant's sole expense, any damage to the Premises caused by the installation or removal of any such Personal Property. Any of Tenant's Personal Property not so removed shall, at the option of Landlord, upon five (5) business days' notice to Tenant (unless Tenant effectuates the removal within such five (5) business day period) automatically become the property of Landlord upon the expiration or termination of the Lease. Thereafter, Landlord may retain or dispose of in any manner the Personal Property not so removed, without any liability whatsoever to Tenant.

Condition upon Termination. Upon the termination of this Lease, Tenant -------------------------- shall surrender the Premises 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 provisions provision of this Lease and Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (Damage or Destruction). In addition, except for the Alterations (subject Tenant Improvements constructed pursuant to Section 7.3) and Work in the Premises and except for any casualty damage, if any, for which Tenant is not responsible. In additionConstruction Rider, Landlord may require Tenant to remove any Alterations alterations, additions or improvements (whether or not made with Landlord's consent, and whether or not within the dollar limitations under paragraph 6.5(a)) upon prior to the termination expiration of the this Lease Term and may, subject to Section 7.3. require Tenant to restore the Premises Property to its original condition prior condition, all at Tenant's expense; provided, however, that . If Landlord must elect does not provide Tenant with written notice at least ninety (90) days prior to have Tenant the termination date of the Lease to remove such Alterations alterations, additions or improvements, then the fact that the Tenant has failed to timely remove such alterations, additions or improvements required under this Section 6.6 shall not by written notice itself make the Tenant a "hold over" tenant under Section 2.2, except if the Tenant fails to Tenant at the time Tenant requests remove such alterations, additions and improvements within ninety (90) days of Landlord's consent written notice. All alterations, additions and improvements which Landlord has not required Tenant to such Alterations for which remove shall become Landlord's prior consent is required property and Tenant shall have no obligation be surrendered to remove (a) any Alterations to Landlord upon the extent the same are customary and typical for general business offices; and (b) any Work installed in the Premises. expiration or earlier termination of this Lease, except that Tenant may remove any of Tenant's machinerytrade fixtures, trade fixtures including without limitation Tenant's furnishings, inventory, machinery or equipment ("Personal Property") which can be removed without leaving material damage to the Premises or Property. Additionally, Tenant may on the termination date remove the specialized air conditioning compressor unit installed as part of the Tenant Improvements which services the specialized computer room in the Building in a materially damaged condition(provided that Tenant gives Landlord at least thirty (30) days prior written notice and that Tenant repairs and patches all damage to the Property, including but not limited to fully repairing the roof regarding such removal). Tenant shall repair, at Tenant's sole expense, any damage to the Premises Property caused by the installation or removal of any such Personal Property. Any property of Tenant's Personal Property not so removed shall. In no event, at the option of Landlordhowever, upon five (5) business days' notice to shall Tenant (unless Tenant effectuates the removal within such five (5) business day period) automatically become the property of Landlord upon the expiration or termination remove any of the Lease. Thereafterfollowing materials or equipment (which shall be deemed Landlord's property) without Landlord's prior written consent: any power wiring or power panels; the Tenant Improvements (defined in the Construction Rider) and additions thereto, Landlord may retain lighting or dispose of in lighting fixtures attached to the Property; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any manner the Personal Property not so removed, without any liability whatsoever to Tenantother heating or air conditioning equipment (except as described above); fencing or security gates; or other similar building operating equipment and decorative components.

Condition upon Termination. Upon At the expiration or earlier termination of this Lease, Tenant -------------------------- shall (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, broom clean which shall be removed by Tenant and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated Premises restored to remedy under any provisions of this Lease and except for the Alterations (subject to Section 7.3their pre-existing condition) and Work in 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 for as set forth below, as Tenant may desire), all Tenant’s signs wherever located, and any casualty damageother furniture, if anyfixtures, for which and equipment Tenant is not responsible. In addition, Landlord may require Tenant required to remove any Alterations (whether upon termination or not made with Landlord's consent) upon the earlier termination of the Lease Term and may, subject to Section 7.3. require Tenant to restore the Premises to its original condition at Tenant's expense; provided, however, that Landlord must elect to have Tenant remove such Alterations by written notice to Tenant at the time Tenant requests Landlord's consent to such Alterations for which Landlord's prior consent is required and Tenant shall have no obligation to remove (a) any Alterations pursuant to the extent the same are customary and typical for general business offices; and (b) any Work installed terms of this Lease, in the Premises. Tenant may remove Tenant's machinery, trade fixtures or equipment ("Personal Property") which can be removed without leaving the Premises or the Building in a materially damaged condition. Tenant shall repair, at Tenant's sole expense, any each case repairing damage to the Premises caused by which results in the installation or 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 any such Personal Propertyall disconnected wiring back to junction boxes and the replacement of all damaged or stained ceiling tiles). 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 of Tenant's Personal Property property not so removed shall, at the option of Landlord, upon five within thirty (530) business days' notice to Tenant (unless Tenant effectuates the removal within such five (5) business day period) automatically become the property of Landlord upon days after the expiration or termination of the LeaseLease shall be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, and Tenant shall 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. ThereafterIn no event, Landlord may retain however, shall Tenant remove any of the following materials or dispose of in any manner the Personal Property not so removedequipment (which shall be deemed Landlord’s property), without any liability whatsoever to TenantLandlord’s prior written consent: (a) power wiring or 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; (f) built-in or hard-wired heating or air conditioning equipment; (g) fencing or security gates; or (h) other, similar operating equipment of the Building.

Condition upon Termination. Upon Subject to Section 6.05, upon the expiration or earlier termination of this Lease, Tenant -------------------------- ▇▇▇▇▇▇ shall surrender the 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 provisions tear, casualty and condemnation. Unless specified in writing by Landlord at the time of this Lease and except for the Alterations (subject its consent pursuant to Section 7.3) and Work in 6.05 or as otherwise set forth herein to the Premises and except for any casualty damagecontrary, if any, for which Tenant is shall not responsible. In addition, Landlord may require Tenant be obligated to remove any Alterations (whether at the expiration or not made with Landlord's consent) upon the earlier termination of the Lease Term and mayLease, subject to Section 7.3. require including without limitation, any Additional Tenant to restore the Premises to its original condition at Tenant's expenseImprovements; provided, however, Landlord hereby agrees that Landlord must elect to have Tenant remove such Alterations by written notice to Tenant at the time Tenant requests Landlord's consent to such Alterations for which Landlord's prior consent is required and Tenant shall have no obligation not be obligated to remove any Landlord Improvements (a) any Alterations except as otherwise set forth herein to the extent the same are customary and typical for general business offices; and (b) any Work installed in the Premisescontrary). Tenant may remove any of Tenant's machinery, trade fixtures ’s machinery or equipment ("Personal Property") which can be removed without leaving damage to the Premises. Additionally, and without limiting the generality of the foregoing, Tenant hereby acknowledges and agrees that: (x) Tenant shall return possession of the Premises or to Landlord with all dock doors, dock levelers, dock seals and dock lights (and all connections thereto) intact and otherwise in fully operational working order, except for ordinary wear and tear and results from any casualty and/or condemnation; and (y) Tenant shall repair any damage to the Building Premises floor slab resulting from Tenant subjecting the slab to loads in a materially damaged conditionexcess of the floor load per square foot which such slab was designed to carry (960 pounds per square foot), except for ordinary wear and tear and results from any casualty and/or condemnation, provided that Tenant may elect for Landlord to complete such repair of the floor slab and Tenant shall reimburse Landlord for the reasonable costs actually incurred by Landlord in connection therewith. Tenant shall repair, at Tenant's ’s sole cost and expense, any damage to the Premises caused by the installation or removal of any such Personal PropertyAlterations or any fixtures, machinery or equipment or other personal property. Any Landlord shall have the right to dispose of Tenant's Personal Property not so removed shall, any personal property left on the Premises at the option of Landlord, upon five (5) business days' notice to Tenant (unless Tenant effectuates the removal within such five (5) business day period) automatically become the property of Landlord upon the expiration or earlier termination of this Lease (which shall be deemed abandoned) without any obligation to account to Tenant or any other party therefor. In the event that Tenant fails to put the Premises in the condition required by the terms of this Section 6.06 at such time as this Lease expires or terminates, or if Tenant leaves any personal property on the Premises, Landlord shall have the right, but not the obligation, to perform Tenant’s obligations under this Section 6.06 and all reasonable costs and expenses incurred by Landlord in connection therewith, including without limitation removal of Alterations, repair of damage to the Premises, and disposal costs of any personal property left on the Premises, shall be paid to Landlord by Tenant upon demand and such obligation shall survive the expiration or earlier termination of this Lease. Thereafter, Landlord may retain or dispose The amount due shall bear interest at the rate set forth in Section 4.06 from the date each item of expense was incurred until paid in any manner the Personal Property not so removed, without any liability whatsoever to Tenantfull.

Condition upon Termination. 14.1. Upon termination of this Lease, Tenant -------------------------- shall surrender the Premises to Landlord, broom clean clean, without damage and in the same condition as received received, except for ordinary wear and tear which Tenant was is not otherwise obligated to remedy under any provisions provision of this Lease. With respect to the removal of alterations to the Premises (including any floor covering and whether or not performed with Landlord’s consent) at the end of the Lease term: a) if Tenant is entitled to make the alteration to the office portion of the Premises under the terms of Section 13 above without obtaining Landlord’s consent, Tenant need not remove the alteration; b) if Tenant must request Landlord’s permission to make an alteration or if the alteration is to the lab/shop area, or if the alteration consists of block walls or a similar heavy construction, Tenant must remove the alteration if directed to do so by Landlord at the time Landlord gives consent to the alteration; and c) with respect to the initial work of Landlord and except for Tenant, Landlord shall give Tenant written notice of the Alterations (subject to Section 7.3) and Work in that must be left at the Premises and except for any casualty damagethe work that must be removed, if any, for which Tenant is not responsiblewithin thirty (30) days of receipt of Tenant’s construction plans. In addition, If Landlord may require directs Tenant to remove any Alterations (whether alterations from the Premises, including any specialty items installed by or not made with Landlord's consent) upon at the termination request of Tenant, Tenant will remove such items at the end of the Lease Term term and may, subject to Section 7.3. require Tenant to restore the Premises to its original condition a standard office facility/shop area finish, all at Tenant's ’s sole expense; provided, however, that Landlord must elect to have Tenant remove such Alterations by written notice to Tenant at the time Tenant requests Landlord's consent to such Alterations for which Landlord's prior consent is required and Tenant shall have no obligation to remove (a) any Alterations to the extent the same are customary and typical for general business offices; and (b) any Work installed in the Premises. Tenant may may, without expense to Landlord, remove Tenant's machineryall trade fixtures, trade fixtures or equipment ("Personal Property") moveable partitions and machines which are installed and can be removed without leaving damage to the Building or Premises, and other articles of personal property owned by Tenant. Tenant shall, at its expense, repair any damage to the Premises or the Building in a materially damaged condition. Tenant shall repair, at Tenant's sole expense, any damage to the Premises caused by the installation or removal of any such Personal Property. Any of Tenant's Personal Property not furniture, fixtures, alterations or additions so removed and restore the Premises to its original condition. 14.2. Notwithstanding anything in Section 13 or Section 14.1 to the contrary, Landlord will install a basement in the building to house a dynamometer or other testing equipment. In lieu of leaving or removing the basement, pursuant to the notice provided for in Section 14.1 above, at Landlord’s written request made prior to the end of the Lease term, Tenant shall, prior to the expiration of the Lease Term (as it may be extended pursuant to Section 4.2), at Tenant’s sole cost, fill the option basement with engineered fill compacted to ninety-five (95%) percent modified ▇▇▇▇▇▇▇, and install a six (6) inch reinforced concrete cap, sufficient in the opinion of Landlord’s independent professional engineer utilizing accepted engineering criteria, upon five to support structural loads up to four hundred fifty (5450) business days' notice to Tenant (unless Tenant effectuates the removal within such five (5) business day period) automatically become the property of Landlord upon the expiration or termination of the Lease. Thereafter, Landlord may retain or dispose of in any manner the Personal Property not so removed, without any liability whatsoever to Tenantpounds per square foot.

Condition upon Termination. Upon the termination of this the Lease, Tenant -------------------------- shall surrender the Premises 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 provisions provision of this Lease and except for the Alterations Lease. However, Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Seven (subject to Damage or Destruction) or Section 7.3) and Work in the Premises and except for any casualty damage, if any, for which Tenant is not responsible4.05(d). In addition, Landlord may at its option require Tenant to remove or demolish any Alterations alterations, additions or improvements (whether or not made with Landlord's consent) upon ), including all interior, exterior and loading dock improvements, prior to the termination expiration of the Lease Term and may, subject to Section 7.3. require Tenant to restore the Premises Property to its original a condition equal to Landlord's standard building specifications, all at Tenant's expense; provided. Whether or not Landlord elects to require Tenant demolish or restore improvements, howeverTenant 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, that Landlord must elect to have Tenant remove such Alterations by written notice to Tenant at the time Tenant requests Landlord's will include within its consent to such Alterations 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 which Landlord's prior consent is required the cost of demolition or removal, and Tenant shall have no obligation be subject to remove damages equal to twenty-five percent (a25%) any Alterations 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 the extent the same are customary identify and typical for general business offices; quantify Landlord's actual damages and (b) any Work installed in the Premises. Tenant may remove Tenant's machinery, trade fixtures or equipment ("Personal Property") which can be removed without leaving the Premises or the Building in as such do not constitute a materially damaged conditionpenalty. Tenant shall repair, at Tenant's sole expense, any damage to the Premises Property caused by the installation removal or removal demolition of any such Personal Propertyalterations, additions or improvements. Any of All alterations, additions and improvements, excepting Tenant's Personal Property trade fixtures, personal property and removable equipment, which Landlord has not so removed shall, at the option of required Tenant to remove shall become Landlord, upon five (5) business days' notice 's property and shall be surrendered to Tenant (unless Tenant effectuates the removal within such five (5) business day period) automatically become the property of Landlord upon the expiration or earlier termination of the Lease. ThereafterUnless directed by Landlord to do so, Landlord may retain Tenant shall not remove any of the following materials or dispose of in equipment, if permanently (but not temporarily) attached to the Property (which shall be deemed Landlord's property) without Landlord's prior written consent: any manner the Personal Property not so removedpower wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, without blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any liability whatsoever to Tenantother heating or air conditioning equipment; fencing or security gates; rooftop communication equipment or other similar building operating equipment and decorations.

Condition upon Termination. Upon the termination of this Lease, Tenant -------------------------- shall surrender the 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 provisions provision of this Lease. Except for the Tenant Improvements, which need not be removed, Landlord shall notify Tenant when Tenant makes a request to make alterations, additions or improvements whether Landlord's consent is conditioned upon the removal of such alterations, additions or improvements at the termination of the Lease. Tenant shall remove those alterations, additions or improvements that Landlord designated to be removed as a condition of Landlord providing Tenant with consent to construct such alterations, additions or improvements and restore the Premises to its prior condition, all at Tenant's expense. In the event alterations, additions, or improvements do not require Landlord's consent to make (or Tenant has otherwise failed to obtain Landlord's consent for such alterations, additions, or improvements), Landlord, at Landlord's sole discretion, shall have the right to require Tenant to remove such alterations, additions or improvements by written notice to Tenant within thirty (30) days after the termination of this Lease and except for the Alterations (subject to Section 7.3) and Work in restore the Premises to its prior condition, at Tenants expense. All alterations, additions and except for any casualty damage, if any, for improvements which Tenant is Landlord has not responsible. In addition, Landlord may require required Tenant to remove any Alterations (whether or not made with shall become Landlord's consent) property and shall be surrendered to Landlord upon the termination of the Lease Term and mayLease, subject to Section 7.3. require Tenant to restore the Premises to its original condition at Tenant's expense; provided, however, except that Landlord must elect to have Tenant remove such Alterations by written notice to Tenant at the time Tenant requests Landlord's consent to such Alterations for which Landlord's prior consent is required and Tenant shall have no obligation to remove (a) any Alterations to the extent the same are customary and typical for general business offices; and (b) any Work installed in the Premises. Tenant may remove any of Tenant's machinery, trade fixtures or equipment ("Personal Property") and personal property which can be removed without leaving material damage to the Premises or the Building in a materially damaged conditionPremises. Tenant shall repair, at Tenant's sole expense, any damage to the Premises caused by the installation or removal of any such Personal Propertytrade fixtures and personal property. Any of Tenant's Personal Property not so removed shallIn no event, at the option of Landlordhowever, upon five (5) business days' notice to shall Tenant (unless Tenant effectuates the removal within such five (5) business day period) automatically become the property of Landlord upon the expiration or termination remove any of the Lease. Thereafterfollowing materials or equipment without Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, Landlord may retain blinds or dispose of in other window coverings; carpets or other floor coverings; heaters, air conditioners or any manner the Personal Property not so removed, without any liability whatsoever to Tenantother heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment.