Common use of Delivery of the Premises Clause in Contracts

Delivery of the Premises. At the end of the Term or any renewal thereof or other sooner termination of this Lease, subject to the terms of Paragraphs 7, 21, 22 and 35 and the rights and obligations of the parties concerning casualty damage pursuant to Paragraph 21, Tenant will peaceably deliver to Landlord possession of the Premises, together with all improvements or additions upon or belonging to Landlord (including without limitation the Charging Stations (as defined in Paragraph 45), if any, and the Security System (as defined in Paragraph 44) and Bike Racks (as defined in Paragraph 46), if applicable), by whomsoever made with all components of the Premises in good working order and maintained with any necessary repairs completed in the reasonable opinion of Landlord or Landlord’s contractor. All space in the Premises shall be clean and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior of all windows shall be washed and all interior partition glass shall be cleaned. If Tenant is obligated to remove or restore any Tenant Improvements or Alterations upon termination or expiration of the Lease pursuant to Paragraph 7(d), the Work Letter, or other provisions of this Lease, the affected area will be returned to Landlord in the form of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Tenant may, upon the termination of this Lease, remove all Trade Fixtures, and all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant regardless of its value, and title to the same shall thereupon pass to Landlord without any cost to Landlord, and Landlord shall have the right to remove and dispose of all or any portion of such property, fixtures or equipment after the expiration or earlier termination of this Lease. Tenant waives any and all rights it may have under California Civil Code Sections 1980-1993.09. Tenant further covenants and agrees that Tenant will not create or allow any security interest to attach to any of Tenant’s personal property, fixtures or equipment that are located in the Premises during the Term unless the holder of such security interest waives in writing any and all of its rights under California Civil Code Sections 1980-1993.09. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s election either (i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Tenant Improvements, Alterations and Required Sublease Improvements made by or for the account of Tenant, designated by Landlord to be removed and restore the Premises to the condition required by this Paragraph 25(a); or (ii) pay Landlord the reasonable estimated cost thereof.

Appears in 3 contracts

Samples: Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.)

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Delivery of the Premises. At the end (a) Landlord shall endeavor to deliver possession of the Term Premises to Tenant, substantially complete on the Scheduled Commencement Date with the improvements to be installed or any renewal thereof or other sooner termination constructed pursuant to the work agreement attached as Exhibit "D" (the "Work Agreement"), which is incorporated herein and made a part of this Lease. If Landlord, subject to the terms of Paragraphs 7for any reason whatsoever, 21, 22 and 35 and the rights and obligations of the parties concerning casualty damage pursuant to Paragraph 21, Tenant will peaceably cannot deliver to Landlord possession of the PremisesPremises to Tenant, together with all the improvements to be installed or additions upon constructed pursuant to the Work Agreement substantially complete, on the Scheduled Commencement Date, this Lease shall not be void or belonging voidable, nor shall Landlord be liable to Landlord (including without limitation Tenant for any loss or damage resulting therefrom. If the Charging Stations delay is due to any "Unavoidable Delays" (as defined in Paragraph 45Section 4 (a) of the Work Agreement) or to any reason other than "Tenant Delays" (as defined in Section 4 (c) of the Work Agreement), the Commencement Date shall be postponed until the date, and Rent shall be waived for the period between the Scheduled Commencement Date and the date, which Landlord has advised Tenant is the date that Landlord can deliver possession of the Premises to Tenant with the improvements to be installed or constructed pursuant to the Work Agreement substantially complete, and Tenaxx xxxees that such waiver shall constitute a full settlement of any and all claims Tenant might have against Landlord arising out of Landlord's failure to tender possession on the Scheduled Commencement Date. If the delay is due to any Tenant Delays, the Scheduled Commencement Date shall not be postponed, and the Term and Tenant's obligation to pay Rent shall commence as of the Scheduled Commencement Date plus any delays caused by Unavoidable Delays, if any, and the Security System (as defined in Paragraph 44) and Bike Racks (as defined in Paragraph 46), if applicable), by whomsoever made with all components not Tenant Delays. If Landlord delivers possession of the Premises in good working order and maintained with any necessary repairs completed in prior to the reasonable opinion of Landlord or Landlord’s contractor. All space in the Premises shall be clean and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior of all windows shall be washed and all interior partition glass shall be cleaned. If Tenant is obligated to remove or restore any Tenant Improvements or Alterations upon termination or expiration of the Lease pursuant to Paragraph 7(d)Scheduled Commencement Date, the Work Letter, or other provisions of this Lease, Term and Tenaxx'x xbligation to pay Rent shall commence on the affected area will be returned to Landlord in the form of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Tenant may, upon the termination of this Lease, remove all Trade Fixtures, and all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days date of such earlier termination date) shall be deemed abandoned by Tenant regardless of its value, and title to the same shall thereupon pass to Landlord without any cost to Landlord, and Landlord shall have the right to remove and dispose of all or any portion of such property, fixtures or equipment after the expiration or earlier termination of this Lease. Tenant waives any and all rights it may have under California Civil Code Sections 1980-1993.09. Tenant further covenants and agrees that Tenant will not create or allow any security interest to attach to any of Tenant’s personal property, fixtures or equipment that are located in the Premises during the Term unless the holder of such security interest waives in writing any and all of its rights under California Civil Code Sections 1980-1993.09. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s election either (i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Tenant Improvements, Alterations and Required Sublease Improvements made by or for the account of Tenant, designated by Landlord to be removed and restore the Premises to the condition required by this Paragraph 25(a); or (ii) pay Landlord the reasonable estimated cost thereofdelivery.

Appears in 1 contract

Samples: Lease Agreement (Pivotal Corp)

Delivery of the Premises. At the end of the Term or any renewal thereof or other sooner termination (a) Promptly after execution of this Lease, subject Tenant shall consult with an architect selected by Tenant (and approved by Landlord, such approval not to be unreasonably withheld or delayed) (the terms of Paragraphs 7, 21, 22 and 35 and the rights and obligations of the parties "TI Architect") concerning casualty damage pursuant to Paragraph 21, Tenant will peaceably deliver to Landlord possession Tenant's construction improvement needs for occupancy of the Premises, together and then shall cause the TI Architect to prepare architectural, electrical and mechanical construction drawings, plans and specifications necessary to construct the Tenant Improvements, subject to approval by Landlord and Landlord's architect, which approval shall not be unreasonably withheld or delayed (as approved, the "Tenant Plans"), to be made to the Premises. Tenant agrees to use diligent efforts to work with all improvements or additions upon or belonging the TI Architect to develop Tenant Plans that are acceptable to Landlord within thirty (including without limitation 30) days from the Charging Stations date hereof. Tenant shall not request, nor shall Landlord have any obligation to approve, improvements that are not consistent with the quality of tenant improvements in the Building and class "A" general office space. Upon approval of the Tenant Plans, Landlord shall promptly bid the Tenant Improvement Work to not more than three (as defined in Paragraph 45), if any3) contractors, and Landlord and Tenant shall select a contractor and cause the Security System (as defined in Paragraph 44) selected contractor to agree to a guaranteed maximum price contract approved by Landlord and Bike Racks (as defined in Paragraph 46)Tenant, if applicable), by whomsoever made with to obtain all components of required permits and to construct the Premises in good working order and maintained with any necessary repairs completed in the reasonable opinion of Landlord or Landlord’s contractor. All space improvements in the Premises pursuant to the Tenant Plans with the objective of completing such work (the "Tenant Improvement Work") by April 1, 1997 (the "Target Commencement Date"). The Tenant Improvement Work shall not include furniture and similar items not customarily included in "tenant improvements". The Tenant Improvement Work shall be clean and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior of all windows shall be washed and all interior partition glass shall be cleaned. If Tenant is obligated to remove or restore any Tenant Improvements or Alterations upon termination or expiration of the Lease pursuant to Paragraph 7(d), the Work Letter, or other provisions of this Lease, the affected area will be returned to Landlord in the form of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Tenant may, upon the termination of this Lease, remove all Trade Fixtures, and all movable furniture and equipment belonging to Tenant, performed at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant regardless of its value, and title to the same shall thereupon pass to Landlord without any cost to Landlord, and Landlord shall have the right to remove and dispose of all or any portion of such property, fixtures or equipment after the expiration or earlier termination of this Lease. Tenant waives any and all rights it may have under California Civil Code Sections 1980-1993.09. Tenant further covenants and agrees that Tenant will not create or allow any security interest to attach to any of Tenant’s personal property, fixtures or equipment that are located in the Premises during the Term unless the holder of such security interest waives in writing any and all of its rights under California Civil Code Sections 1980-1993.09. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s election either (i) at Tenant’s 's sole cost and expense, forthwith provided that Landlord shall contribute not more than $27.00 per RSF of the Premises (the "TI Allowance") towards the fees of the TI Architect in designing the Tenant Improvement Work and the cost of building the Tenant Improvement Work. Upon the execution of the construction contract, Tenant shall deposit with all due diligence Landlord, in cash, the amount by which the guaranteed maximum price under the construction contract exceeds the TI Allowance less the fees of the TI Architect (the "Excess TI amount"), and thereafter, to the extent that they cause the cost of the Tenant Improvement work (less the TI Architect's fees) to exceed the TI Allowance or if the TI Allowance has already been exhausted, Tenant shall pay, within ten (10) days of receiving invoices therefor, additional sums relating to any increase to the guaranteed maximum price pursuant to any change orders that are issued (each, a "Change Order Amount"), and to cover reimbursable expenses under the contract ("Reimbursables"). Tenant shall respond to any requests from Landlord or Landlord's architect or contractor for approvals, authorizations to proceed or information in connection with the Tenant Improvement Work within two (2) business days of a request. Tenant shall not be obligated to remove any Tenant Improvements, Alterations and Required Sublease Improvements made by or for Improvement Work at the account end of Tenant, designated by Landlord to be removed and restore the Premises to the condition required by this Paragraph 25(a); or (ii) pay Landlord the reasonable estimated cost thereofTerm.

Appears in 1 contract

Samples: Sublease Agreement (Multilink Technology Corp)

Delivery of the Premises. At Upon completion of Landlord’s Work, the end parties shall jointly inspect the Premises. If any defects in Landlord’s Work exist at the time of such inspection, Tenant shall notify Landlord thereof in writing of such defects in accordance with the Punchlist Items list below; provided, however, that Delivery of the Term or Premises to Tenant shall be delayed only if the existence of any renewal thereof or other sooner termination of this Lease, subject to the terms of Paragraphs 7, 21, 22 and 35 and the rights and obligations such defects would materially adversely affect Tenant’s occupancy of the parties concerning casualty damage pursuant Premises, in which case the date of Delivery of the Premises shall be the date upon which Landlord notifies Tenant that such defects have been substantially corrected. Tenant shall notify Landlord of any defects in the condition of the Premises which are inconsistent with landlord’s delivery obligations (“Punchlist Items”) that do not impair Tenant’s ability to Paragraph 21, utilize the Premises for the purposes permitted hereunder within thirty (30) days after Tenant will peaceably deliver to Landlord takes possession of the Premises, together with all improvements or additions upon or belonging to Landlord (including without limitation the Charging Stations (as defined in Paragraph 45), if any, and the Security System (as defined in Paragraph 44) and Bike Racks (as defined in Paragraph 46), if applicable), by whomsoever made with all components of the Premises in good working order and maintained with any necessary repairs completed in the reasonable opinion of Landlord or Landlord’s contractor. All space in the Premises which Punchlist Items shall be clean and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior of all windows shall be washed and all interior partition glass shall be cleaned. If Tenant is obligated to remove or restore any Tenant Improvements or Alterations upon termination or expiration of the Lease pursuant to Paragraph 7(d), the Work Letter, or other provisions of this Lease, the affected area will be returned to Landlord in the form of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Tenant may, upon the termination of this Lease, remove all Trade Fixtures, and all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant regardless of its value, and title to the same shall thereupon pass to Landlord without any cost to Landlord, and Landlord shall have the right to remove and dispose of all or any portion of such property, fixtures or equipment after the expiration or earlier termination of this Lease. Tenant waives any and all rights it may have under California Civil Code Sections 1980-1993.09. Tenant further covenants and agrees that Tenant will not create or allow any security interest to attach to any of Tenant’s personal property, fixtures or equipment that are located in the Premises during the Term unless the holder of such security interest waives in writing any and all of its rights under California Civil Code Sections 1980-1993.09. Upon the expiration or sooner termination of the Term, Tenant shall upon demand corrected by Landlord, at Landlord’s election either (i) at Tenant’s sole cost and expense, forthwith and no later than thirty (30) days after notice thereof (with all due diligence remove the Commencement Date delayed day-for-day for any repairs or corrections that exceed such 30-day period). Landlord makes no representation or warranty as to the nature, quality, or suitability for Tenant’s business of the Tenant Improvements, Alterations the Project, the Building, or the Premises, and Required Sublease Improvements made Tenant shall have no rights against Landlord by reason of such matters or for any claimed deficiencies therein. Notwithstanding the account foregoing or anything to the contrary contained herein, Landlord shall, at its sole cost and expense (and as not part of TenantOperating Expenses, designated by other than as set forth in Section 8.4 herein) and throughout the initial Term and any option term (if applicable), repair any structural and/or latent design or construction defects in the original construction of the Project of which Landlord has notice or that Landlord discovers. If Tenant shall fail to provide Landlord with a list of Punchlist Items within the period set forth above, Landlord’s compliance with its delivery obligations shall be removed and restore deemed to have been satisfied on the date the Delivery of the Premises to the condition required by this Paragraph 25(a); or (ii) pay Landlord the reasonable estimated cost thereofshall have occurred.

Appears in 1 contract

Samples: Alphatec Holdings, Inc.

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Delivery of the Premises. At Not later than two (2) Business Days after the end of the Term or any renewal thereof or other sooner termination Date of this Lease, Landlord shall deliver the second floor of the Building and so much of the first floor of the Building, excluding common areas, as is not subject to the terms of Paragraphs 7lease held by EKA Chemicals, 21, 22 Inc. (the “EKA Lease”) to Tenant and 35 thereafter Tenant and the rights and obligations its contractors shall have access to such portion of the parties concerning casualty damage pursuant Premises delivered to Paragraph 21, Tenant will peaceably deliver to Landlord possession for the purposes of the Premises, together with all improvements or additions upon or belonging to Landlord (including without limitation the Charging Stations performing Tenant’s Work (as defined in Paragraph 45Section 3.3), if anyinstalling furniture, fixtures and the Security System (as defined in Paragraph 44) telecommunications equipment and Bike Racks (as defined in Paragraph 46), if applicable), by whomsoever made with all components otherwise preparing such portion of the Premises in good working order for Tenant’s occupancy. Landlord represents that the EKA Lease is scheduled to terminate on January 31, 2013 and maintained with any necessary repairs completed in Landlord shall deliver the reasonable opinion of Landlord or Landlord’s contractor. All space in the Premises shall be clean Building subject to the EKA Lease (the “EKA Space”) and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior of all windows shall be washed and all interior partition glass shall be cleaned. If Tenant is obligated to remove or restore any Tenant Improvements or Alterations upon termination or expiration the exterior portions of the Lease pursuant Premises to Paragraph 7(d)Tenant on February 1, 2013 or as soon thereafter as Landlord obtains possession of the EKA Space (such date of delivery, the Work Letter“Balance Delivery Date”) and thereafter Tenant shall have access to the entire Premises for the foregoing purposes. From the date any portion of the Premises is delivered to Tenant, or all obligations of Tenant under this Lease shall apply to such portion of the Premises as if the Commencement Date had occurred and such portion of the Premises (together with any other provisions portion(s) of the Premises previously delivered to Tenant) were the Premises demised hereunder, except that Tenant shall have no obligation to pay any Annual Fixed Rent until the Commencement Date. Notwithstanding that the term of this Lease shall not commence until the Commencement Date, commencing on the Date of this Lease, Landlord shall furnish electricity and water to the affected area will be returned portion(s) of the Premises delivered to Landlord in Tenant and Tenant shall have reasonable access to the form parking lots (subject to Section 5.5) and to any areas within the Building that, prior to the Balance Delivery Date, constitute common areas of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Building, to the extent such access is reasonably required for Tenant may, upon the termination of this Lease, remove all Trade Fixtures, and all movable furniture and equipment belonging to Tenant, at perform Tenant’s sole cost, provided that Tenant repairs any damage caused by such removalWork or otherwise prepare the Premises for Tenant’s occupancy. Property not so removed by No portion of the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) Building shall be deemed abandoned by Tenant regardless part of its value, and title to the same shall thereupon pass to Landlord without any cost to Landlord, and Landlord shall have the right to remove and dispose of all or any portion of such property, fixtures or equipment after the expiration or earlier termination of this Lease. Tenant waives any and all rights it may have under California Civil Code Sections 1980-1993.09. Tenant further covenants and agrees that Tenant will not create or allow any security interest to attach to any of Tenant’s personal property, fixtures or equipment that are located in the Premises during the Term unless the holder of such security interest waives in writing any and all of its rights under California Civil Code Sections 1980-1993.09. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s election either (i) at until it has been delivered to Tenant’s sole cost and expense, forthwith and with all due diligence remove any Tenant Improvements, Alterations and Required Sublease Improvements made by or for the account of Tenant, designated by Landlord to be removed and restore the Premises to the condition required by this Paragraph 25(a); or (ii) pay Landlord the reasonable estimated cost thereof.

Appears in 1 contract

Samples: Lease (Mimedx Group, Inc.)

Delivery of the Premises. At the end Landlord shall deliver possession of the Term or any renewal thereof or other sooner termination of this LeasePremises to Tenant, subject to with the terms of Paragraphs 7, 21, 22 and 35 and Tenant Improvements Substantially Complete on the rights and obligations of the parties concerning casualty damage pursuant to Paragraph 21, Tenant will peaceably Commencement Date. If Landlord cannot deliver to Landlord possession of the Premises, together with all improvements the Tenant Improvements Substantially Complete to Tenant at the originally estimated Commencement Date set forth in subparagraph 1(h) above, then the Commencement Date and the Expiration Date shall each be deferred by the number of days such delivery is delayed beyond the originally scheduled Commencement Date; provided, however, that if the Expiration Date is not the last day of a calendar month, said Expiration Date shall be further extended to the last day of the calendar month. This Lease shall not be void or additions upon voidable, nor shall Landlord be liable to Tenant for any loss or belonging damage resulting therefrom and such deferral of the Commencement Date and the Expiration Date shall be Tenant’s sole remedy for Landlord’s failure to deliver possession of the Premises for any reason other than Tenant Delay; provided, however, if the Commencement Date shall not have occurred only as a result of the actions or omissions of Landlord (and not as the result of Tenant Delay or Force Majeure) by March 31, 2006, then Tenant shall have the right to cancel this Lease by giving written notice of its election to Landlord on or before April 10, 2006 (including without limitation with Tenant’s failure to timely provide such notice of cancellation being deemed Tenant’s waiver of such cancellation right), whereupon Landlord shall refund the Charging Stations (as defined in Paragraph 45)security deposit and all prepaid Rent, if any, and thereafter neither party shall have any further rights or obligations hereunder. Notwithstanding the Security System (as defined in Paragraph 44) and Bike Racks (as defined in Paragraph 46)foregoing, if applicable), by whomsoever made with all components the delay in Substantial Completion of such Tenant Improvements and delivery of possession of the Premises in good working order is due to Tenant Delay, the Commencement Date shall occur, and maintained with any necessary repairs completed Tenant’s obligation to pay Monthly Rental shall commence, as of the date upon which such Substantial Completion and such delivery would have occurred in the reasonable opinion absence of Landlord or Landlord’s contractor. All space in the Premises shall be clean and well-maintained with walls freshly painted as necessary (or touched up, if acceptable to Landlord in its reasonable discretion), and carpet shampooed and presentable for re-leasing. Any damaged or unpresentable carpet shall be replaced. All window coverings shall be cleaned and any damaged coverings repaired or replaced. Any damaged ceiling tiles shall be replaced and all light fixtures shall be fully operational and clean. All doors shall be presentable and damaged doors repaired or replaced. The interior of all windows shall be washed and all interior partition glass shall be cleaned. If Tenant is obligated to remove or restore any Tenant Improvements or Alterations upon termination or expiration of the Lease pursuant to Paragraph 7(d), the Work Letter, or other provisions of this Lease, the affected area will be returned to Landlord in the form of open office space in the condition described above or in a condition otherwise approved by Landlord in its sole discretion. Tenant may, upon the termination of this Lease, remove all Trade Fixtures, and all movable furniture and equipment belonging to Tenant, at Tenant’s sole cost, provided that Tenant repairs any damage caused by such removal. Property not so removed by the Expiration Date (or in the event of an earlier termination, within five (5) days of such earlier termination date) shall be deemed abandoned by Tenant regardless of its value, and title to the same shall thereupon pass to Landlord without any cost to Landlord, and Landlord shall have the right to remove and dispose of all or any portion of such property, fixtures or equipment after the expiration or earlier termination of this Lease. Tenant waives any and all rights it may have under California Civil Code Sections 1980-1993.09. Tenant further covenants and agrees that Tenant will not create or allow any security interest to attach to any of Tenant’s personal property, fixtures or equipment that are located in the Premises during the Term unless the holder of such security interest waives in writing any and all of its rights under California Civil Code Sections 1980-1993.09. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s election either (i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Tenant Improvements, Alterations and Required Sublease Improvements made by or for the account of Tenant, designated by Landlord to be removed and restore the Premises to the condition required by this Paragraph 25(a); or (ii) pay Landlord the reasonable estimated cost thereofDelay.

Appears in 1 contract

Samples: Lease Agreement (American Telecom Services Inc)

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