In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 4 contracts
Sources: Lease Agreement (Genomic Health Inc), Lease Agreement (Genomic Health Inc), Lease (Genomic Health Inc)
In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a as clean, good and tenantable conditioncondition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. Tenant All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remove from remain upon the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any at the end of the foregoingTerm without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall be entitled repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove perform its obligations in a timely manner, Landlord may perform such Tenant Additions which work at Tenant’s expense.
(b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of their installation Landlord and Tenant agreed may be removed by Tenantthe Alteration is a Required Removable. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any Within 10 days after receipt of Tenant’s propertyrequest, furnishings, Tenant’s Personal Property or Landlord shall advise Tenant Additions, shall close all floor, ceiling and roof openings and shall restore in writing as to which portions of the Premises to a tenantable condition as reasonably determined by LandlordAlteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 4 contracts
Sources: Lab Lease (OmniAb, Inc.), Lab Lease (OmniAb, Inc.), Lease (Lucira Health, Inc.)
In General. Upon Subject to the Termination Dateterms and conditions of this Lease and such rules and regulations as Landlord may from time to time prescribe, Tenant and Tenant's agents shall surrender have the nonexclusive right to use during the Lease Term the access roads, sidewalks, landscaped areas and vacate other facilities on the Premises immediately Common Area. This right to use the Common Area shall terminate upon Lease Termination. Neither Tenant nor Tenant's agents shall at any time park or permit the parking of their vehicles in any portion of the Common Area not designated by Landlord as a parking area. Landlord reserves the right from time to time to make changes in the shape, size, location, amount and deliver possession thereof extent of the Common Area. Landlord further reserves the right to promulgate such reasonable rules and regulations relating to the use of all or any portion of the Common Area and to amend such rules and regulations from time to time, with or without advance notice, as Landlord may deem appropriate. Any amendments to the rules and regulations shall be effective as to Tenant, and binding on Tenant, upon delivery of a copy of such rules and regulations to Tenant. Landlord agrees to apply such rules and regulations, and all amendments thereto, in a clean, good non-discriminatory manner. Tenant and tenantable condition, ordinary wear Tenant's agents shall observe such rules and tear, regulations and damage caused any failure by Tenant or Tenant's agents to observe and comply with the rules and regulations shall be a Default by Tenant. Landlord shall not be responsible for the nonperformance of the rules and regulations by any tenants or occupants of the buildings or improvements which now exist or may hereafter be constructed upon the Common Area or upon the real property owned by Landlord exceptedadjacent to the Common Area or by any other user authorized by Landlord. Landlord furthermore reserves the right, after having given Tenant reasonable notice, to have any vehicles owned by Tenant or Tenant's agents which are parked in violation of the provisions of this Paragraph 11.1 or in violation of Landlord's rules and regulations relating to parking, to be towed away at the expense of the owner of the vehicle so towed. Landlord shall deliver have the right to Landlord close, at reasonable times, all keys or any portion of the Common Area for any reasonable purpose, including without limitation, the prevention of a dedication thereof, or the accrual of rights of any person or public therein; however, such closure of the Common Area shall not unreasonably impair Tenant's access to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and , Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any 's parking rights as described in this Lease or Tenant's use of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 3 contracts
Sources: Net Lease Agreement (Integrated Device Technology Inc), Net Lease Agreement (Integrated Device Technology Inc), Net Lease Agreement (Integrated Device Technology Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous MaterialMaterials. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.
Appears in 3 contracts
Sources: Lease Agreement (Netobjects Inc), Office Lease (Embarcadero Technologies Inc), Office Lease (Velocityhsi Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixturesPersonal Property, including, subject to Section 6.04, cabling for any of the foregoing; however, Tenant shall not be entitled to remove any of Tenant’s Improvements. Additionally, Tenant shall be entitled to remove all such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. In addition, Tenant shall, if requested by Landlord prior to the Termination Date, remove the 125 KVA ONAN emergency generator and the 2 door Hazardous Material Container listed forth on Exhibit E attached hereto. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 2 contracts
Sources: Lease Agreement (Codexis Inc), Lease Agreement (Codexis Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable conditioncondition as existed on the Commencement Date, ordinary wear and tear, and damage caused by Landlord Landlord, casualty and condemnation excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous Material. Tenant immediately Alterations (collectively, “Leasehold Improvements”) shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore remain upon the Premises to a tenantable condition as reasonably determined by Landlord. If any at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition at least 30 days prior to the commencement of this Lease. Termination Date, may require Tenant, at its expense, to remove any Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contraryAlterations (as so identified, a “Required Removable”); provided, however if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant it requests approval of any for a proposed Tenant Work or subsequent Tenant AlterationsAlteration, Landlord shall advise Tenant at the time of Landlord’s approval granting such consent whether the proposed Tenant Alteration or any portion of such the proposed Tenant Work or Tenant Alterations Alteration is a Required Removable. In no event shall any improvements existing in the Premises as to whether Landlord will require that such Tenant Work or Tenant Alterations of the Date of this Lease be a Required Removable. The designated Required Removables shall be removed by Tenant from before the Premises; provided, however, regardless Termination Date. Tenant shall repair damage caused by the installation or removal of the foregoing, Required Removables. If Tenant fails to perform its obligations in any eventa timely manner, Landlord may require removal of any Tenant Additions containing Hazardous Material and all perform such work at Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesreasonable expense. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s reasonable expense, such restoration work as Landlord deems reasonably necessary or advisable.
Appears in 2 contracts
Sources: Office Lease (XOMA Corp), Lease Agreement (XOMA Corp)
In General. Upon This Lease shall be subject and subordinate to all Mortgages and Superior Leases, unless any Mortgagee or Lessor of any such Mortgages and/or Superior Leases, as applicable, require in writing that this Lease be superior thereto. Notwithstanding the Termination Dateforegoing, concurrently with Landlord’s execution and delivery of this Lease to Tenant, Landlord shall obtain for Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord exceptedan SNDA (as hereinafter defined) from Landlord’s existing Mortgagee. Tenant shall deliver covenants and agrees in the event any proceedings are brought for the foreclosure of any Mortgage or deed in lieu thereof (or if any Superior Lease is terminated), to Landlord all keys attorn to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for lienholder or purchaser or any of the foregoing. Tenant shall be entitled to remove successors thereto upon any such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property foreclosure sale or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors deed in lieu thereof (or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contraryLessor), if so requested to do so by such purchaser or lienholder or Lessor, and to recognize such purchaser or lienholder or Lessor as the landlord under this Lease. If a Mortgage or Superior Lease is created following the execution of this Lease, then Landlord will use commercially reasonable efforts to cause the Mortgagee under such Mortgage or the Lessor under such Superior Lease, as the case may be, to execute an SNDA in favor of ▇▇▇▇▇▇, and the execution and delivery of such SNDA by such Mortgagee or Lessor shall be a condition precedent to the subordination of this Lease to the lien of such Mortgage or Superior Lease. Within ten (10) days of request from Landlord or a Mortgagee or Lessor, Tenant shall execute an SNDA. As used herein, “SNDA” shall mean a commercially reasonable subordination, non-disturbance and attornment agreement in favor of Tenant in writing the standard form customarily employed by the Mortgagee or Lessor (i) evidencing such attornment, (ii) setting forth the terms and prominently conditions of Tenant’s tenancy, (iii) providing Tenant’s tenancy will not be disturbed in all capital the absence of a default hereunder by ▇▇▇▇▇▇ which is not cured within applicable periods of notice and bold lettering cure hereunder, and (iv) containing such other commercially reasonable terms and conditions as may be required by such Mortgagee or Lessor, provided such terms and conditions do not increase the Rent, materially increase Tenant’s other obligations or materially and adversely affect Tenant’s rights under this Lease. ▇▇▇▇▇▇▇▇’s interest herein may be assigned as security at any time to any lienholder. Tenant waives the provisions of any current or future statute, rule or law which also states that such request is pursuant may give or purport to Section 12.01 give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of the Lease) at Tenant hereunder in the time Tenant requests approval event of any Tenant Work foreclosure proceeding or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablesale.
Appears in 2 contracts
Sources: Lease Agreement (Andersen Group Inc.), Lease Agreement (Andersen Group Inc.)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in (i) a clean, good and tenantable condition, ordinary wear and tear, and damage caused by casualty (subject to the terms of Article 14) or by Landlord excepted, and (ii) full compliance with law, including without limitation, Tenant's having delivered to Landlord a Business Closure Report issued by the County of San Mateo Department of Environmental Health, and a Radioactive Material License Termination issued by the appropriate governmental authority. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixturesfixtures (including without limitation, any autoclaves, hoods, animal facility, cold rooms, and generators, the costs of which were not paid for by any portion of Landlord's Maximum Contribution), including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous MaterialMaterials. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.
Appears in 2 contracts
In General. Upon Subject to the Termination terms of this Section 1.1.5, commencing as of the date (the “Temporary Premises Commencement Date”) that is the earlier to occur of (i) five (5) business days following Landlord’s delivery of the “Temporary Premises,” as that term is defined, below (such 5-business day period to be referred to herein as the “Temporary Premises Move-In Period”), and (ii) the date Tenant’s commences the conduct of business from the Temporary Premises, and continuing through and including the date (the “Temporary Premises Expiration Date”) that is thirty (30) days following the Lease Commencement Date applicable to the Initial Premises, Tenant shall surrender lease 26,409 rentable square feet of space located on the eighth (8th) floor of the Building known as Suite 800 (the “Temporary Premises”) upon the terms and vacate conditions set forth in this Section 1.1.5 and this Lease. The period of Tenant’s lease of the Temporary Premises, commencing as of the Temporary Premises immediately Commencement Date and continuing through and including the Temporary Premises Expiration Date, shall be referred to herein as the “Temporary Premises Term”. Landlord ▇▇▇▇▇▇ agrees to deliver possession thereof the Temporary Premises to Tenant not more than fifteen (15) business days following the date of the full execution and unconditional delivery of this Lease. During the Temporary Premises Move-In Period, Tenant shall have the right to occupy the Temporary Premises for the purpose of preparing the Temporary Premises for Tenant’s occupancy, provided that, in connection therewith, all of the terms of this Lease applicable to the Temporary Premises shall be applicable as though the Temporary Premises Commencement Date had occurred, except that Tenant shall have no obligation to pay Base Rent during the Temporary Premises Move-In Period. The Temporary Premises are more particularly set forth on Exhibit A-3, attached hereto. Landlord and Tenant hereby acknowledge and agree that the rentable square footage of the Temporary Premises, as set forth herein, shall not be subject to re-measurement or modification. Tenant’s lease of the Temporary Premises shall be upon all of the terms and conditions set forth in a cleanthis Lease as though the Temporary Premises was the Premises, good provided that (i) Tenant shall pay monthly Base Rent for the Temporary Premises in an amount equal to $39,613.50, (ii) Tenant not be obligated to pay Direct Expenses for the Temporary Premises, (iii) Tenant shall have no right to alter or improve the Temporary Premises, provided that, subject to the terms of this Lease (Including, without limitation, Article 8 hereof), Tenant shall have the right, at Tenant’s sole cost and tenantable expense, to paint the interior of the Temporary Premises and install carpet and cabling and to perform minor-electrical work in the Temporary Premises (collectively, the “Temporary Premises Improvement Work”), (iv) Tenant shall have no right to sublease or otherwise transfer any interest in the Temporary Premises, and (v) except as provided in the next succeeding sentence, Tenant shall accept the Temporary Premises in its existing, “as is” condition, ordinary wear and tearthe terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises, and damage caused by Landlord exceptedshall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, In no event shall Tenant be required to remove the Temporary Premises Improvement Work upon the expiration of the Temporary Premises Term. Landlord shall, at ▇▇▇▇▇▇▇▇’s sole cost, deliver the Temporary Premises having professionally cleaned the same and in good working order and free of furniture and other personal property. Tenant shall deliver to surrender the Temporary Premises upon the expiration of the Temporary Premises Term in the condition received (reasonable wear and tear excepted), failing which Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and shall, at Tenant’s trade fixturessole cost and expense, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord repair and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable the condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition existing prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of delivery thereof to Tenant. Any such amounts due to Landlord from Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations hereunder shall be removed paid by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures▇▇▇▇▇▇ within thirty (30) days following demand. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if that Tenant shall fail to remove those items described abovetimely vacate and surrender the Temporary Premises upon the expiration of the Temporary Premises Term, Landlord may then the terms of Article 16 of this Lease shall be applicable (but shall not with the holdover rent due thereunder to be obligated tocalculated as if Tenant had paid monthly Base Rent for the Temporary Premises as of the last day of the Temporary Premises Term at the per rentable square foot rate then payable by Tenant for the Initial Premises (disregarding the Base Rent rate applicable to any Initial Premises Basement Premises), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 2 contracts
Sources: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, Inc.)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, as good and tenantable conditionor better condition as it was received by Tenant, ordinary wear and tear, casualty, permitted Tenant Alterations and improvements that Tenant is not obligated to remove, and damage caused by Landlord Landlord, excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.046.02, cabling for any of the foregoingforegoing and the Cable. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including Landlord in its consent to the making of such Tenant Additions except that Tenant shall be required to remove any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings (other than the opening for the existing internal staircase) and shall restore the Premises demolish any walls constructed to a tenantable condition as reasonably determined by Landlorddemise subleased premises. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightslights then, then if required by Landlord in its consent to the making of such Tenant Additions, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding floors (other than the pre-existing internal staircase and the floor opening for such staircase) and to remove any of the foregoing to the contrarypersonal baths and showers, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work vaults or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesrolling file systems. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described aboveabove within two (2) days after the Termination Date, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 2 contracts
Sources: Office Lease (Accolade, Inc.), Office Lease (Accolade, Inc.)
In General. Upon Tenant will be responsible, at its sole cost and expense, for the Termination Date, Tenant shall surrender furnishing of all services and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys utilities to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject but not limited to Section 6.04heating, cabling for any ventilation and air-conditioning, electricity, water, telephone, janitorial and interior Building security services.
6.1.1 All utilities (including without limitation, electricity, gas, sewer and water) to the Building are separately metered at the Premises and shall be paid directly by Tenant to the applicable utility provider.
6.1.2 Landlord shall provide janitorial services to the Common Areas, except the date of observation of the foregoingHolidays, and window washing services in a manner consistent with other comparable buildings in the vicinity of the Building. All cleaning and janitorial services for the Premises shall be provided, at Tenant's sole cost and expense, exclusively by or through Tenant (provided that Tenant shall be entitled to remove contract for such Tenant Additions which at services utilizing the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore Building janitorial contractor) in accordance with the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement provisions of this Lease. Tenant shall also be required not cause any unnecessary labor by carelessness or indifference to close any staircases or other openings between floors. Notwithstanding any the good order and cleanliness of the foregoing Premises. If Tenant fails to provide at least weekly janitorial service for the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant AlterationsPremises, Landlord shall advise have the right to do so, at Tenant's sole cost, and Tenant at shall reimburse Landlord for such cost within ten (10) days of billing. Landlord shall have the right, from time of to time, to change its designated janitorial services provider for the Building, in which event Tenant shall terminate its contract with Landlord’s approval previously designated janitorial services provider and enter into a contract with Landlord’s newly designated janitorial services provider. Landlord shall have the right to inspect the Premises for purposes of such confirming that Tenant Work or is cleaning the Premises as required by this Section 6.2, and to require Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; providedprovide additional cleaning, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesif necessary. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items provide any of the services described abovein this Section 6.2 within five (5) days after notice from Landlord, Landlord may (but which notice shall not be obligated to)required in the event of an emergency, Landlord shall have the right to provide such services and any charge or cost incurred by Landlord in connection therewith shall be deemed Additional Rent due and payable by Tenant upon receipt by Tenant of a written statement of cost from Landlord. Failure of Tenant to comply with any one or more of the foregoing provisions shall be deemed to be a default under this Lease. Tenant shall cooperate fully with Landlord at Tenant’s expenseall times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the HVAC, remove any of such property electrical, mechanical and store, sell or otherwise deal with such property as provided plumbing systems. Provided that Landlord agrees to provide and maintain and keep in Section 11.02(b)continuous service utility connections to the Project, including electricity, water and sewage connections, Landlord shall have no obligation to provide any services or utilities to the waiver Building, including, but not limited to heating, ventilation and indemnity obligations provided in that Sectionair-conditioning, electricity, water, telephone, janitorial and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableinterior Building security services.
Appears in 2 contracts
Sources: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)
In General. Upon If any material part of the Termination DateLeased Premises is taken in any proceeding by any Governmental Authority by condemnation or otherwise, or be acquired for public or quasi-public purposes, or be conveyed under threat of such taking or acquiring (which Landlord shall not do without Tenant’s prior written consent), and Tenant reasonably determines that the remaining portion will not permit Tenant to operate its business on the Leased Premises, Tenant shall surrender and vacate have the Premises immediately and deliver possession thereof option of terminating this Lease by notice to Landlord of its election to do so given on or before the date which is thirty (30) days after Tenant is deprived of possession of the condemned property, and upon the giving of such notice, this Lease shall automatically terminate and the Annual Fixed Rent and other charges hereunder shall be adjusted as of the date of such notice. If a material part of the Leased Premises (meaning any part of the Ski Facility) is so taken and Tenant elects not to terminate this Lease, then Tenant shall, to the extent and making use of the condemnation award, restore the Leased Premises to a complete unit as similar as reasonably possible in design, character and quality to the building which existed before such taking. If the Leased Premises is partially taken and this Lease is not terminated, there shall be no reduction or adjustment in the Annual Fixed Rent and other charges thereafter payable hereunder. Any restoration work to be performed pursuant to this Article 17 shall be completed in accordance with plans and specifications which shall have been approved by Landlord and Tenant, which approvals shall not be unreasonably withheld. If all or part of the Leased Premises is taken and Tenant elects to terminate this Lease in accordance with this Article 17, each party shall be free to make claim against the condemning authority for the amount of the actual provable damage done to each of them by such taking. If the condemning authority refuses to permit separate claims to be made, then Landlord shall prosecute with counsel reasonably satisfactory to Tenant the claims of both Landlord and Tenant, and the proceeds of the award, after payment of Landlord’s reasonable attorneys’ fees and other costs incurred, shall be divided between Landlord and Tenant in a cleanfair and equitable manner; provided, good and tenantable conditionhowever, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to in the Premises. Tenant shall remove from the Premises all movable personal property event of Tenant and a condemnation which results in Tenant’s trade fixtureselection to terminate this Lease, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any its portion of the Tenant Additions which were installed by Tenant involved condemnation award only so long as the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any amount of the foregoing award received by Landlord is equal to or greater than the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 gross book value of the Lease) at property taken, as reflected on the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from financial statements on the Premises; provided, however, regardless date of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablecondemnation.
Appears in 2 contracts
Sources: Option Agreement (Peak Resorts Inc), Restructure Agreement (Peak Resorts Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled all exterior signage on the Building permitted under all laws, regulations, restrictions (governmental or otherwise), and architectural guidelines in effect for the area in which the Building is located, and all requisite approvals thereunder, including, but not limited to remove such Tenant Additions which at the time Master Declaration (collectively, the “Sign Requirements”), in compliance with the following provisions of their installation Landlord and Tenant agreed may be removed by Tenant. this Section 31.01, provided that Tenant shall also remove provide advance written notice to Landlord of any changes in exterior signage on the Property. Exterior and interior signage shall be borne at Tenant’s sole cost and expense. If Tenant receives all required approvals, Tenant shall install all signage in accordance with the approved plans and specifications, in a good and workmanlike manner, in accordance with the Sign Requirements, and in the event that Landlord leases space in the Building to other tenants, shall be conducted a manner so as not to unreasonably interfere with the use of the Building grounds while such other construction is taking place. Signage for any subtenant of Tenant Additions as required by shall be at Tenant’s sole cost and expense and subject to the approval of Landlord, including any Tenant Additions containing Hazardous Materialsuch approval not to be unreasonably withheld, conditioned or delayed. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as cause all interior signage to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)installed, at Tenant’s expense. Following Tenant’s installation of exterior signage, remove Landlord shall maintain the signage in accordance with the Sign Requirements (defined herein) at Tenant’s sole cost and expense. If exterior signage uses any electricity, Tenant shall pay the electrical costs associated therewith (as reasonably allocated by Landlord among all tenant’s having sign panels illuminated). Prior to the end of such property and storethe Term, sell or otherwise deal with such property as provided in Section 11.02(b)within five days after this Lease or Tenant’s right to possess the Premises has been terminated, including the waiver and indemnity obligations provided in that Section, and undertakeLandlord, at Tenant’s sole cost and expense, shall remove all signage and repair all damage caused thereby and restore all such areas to its condition before the installation of the applicable signage, including the removal of any discoloration caused by the presence of the sign and Tenant shall reimburse Landlord promptly upon demand for all costs related to such removal, repair and restoration work as Landlord deems necessary or advisablework. The rights granted to Tenant under this Article 31 are personal to the originally-named Tenant and may not be assigned to any party other than a Permitted Transferee.
Appears in 2 contracts
Sources: Office Lease (Ncino, Inc.), Office Lease (Ncino, Inc.)
In General. Upon the Termination Date, Tenant shall surrender not make, or permit to be made, any alterations, changes, enlargements, improvements or additions (collectively "Alterations") in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 6.2, without the prior written consent of Landlord and vacate without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term "Alterations" as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit, outlets, drops, ▇▇▇▇ ducts, main and subpanels), air conditioning, and partitioning in the Premises immediately and deliver possession thereof to Landlord in a cleanmade by Tenant, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys regardless of how affixed to the Premises. The preceding to the contrary notwithstanding, Tenant shall remove from be permitted, without first obtaining Landlord's consent but upon giving prior written notice to Landlord, to make non-structural Alterations to the Premises all movable personal property during the Lease Term provided (i) the cost of Tenant and Tenant’s trade fixturesmaking such non-structural Alterations do not exceed $10,000 individually or $50,000 in the aggregate in any lease year during the Lease Term, including, subject to Section 6.04, cabling for (ii) such non-structural Alterations do not affect the structural integrity of the Premises or any of the foregoingbuilding systems, such as HVAC, mechanical, electrical or plumbing systems within the building comprising the Premises, and (ii) such non-structural Alterations are not visible from the exterior of the Premises. As a condition to the giving of its consent to any Alterations (for which Landlord's consent is required hereunder), Landlord may impose such requirements as Landlord may deem necessary in its sole discretion, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the requirement that Tenant post a completion bond in an amount and form satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord's actual costs incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. All Alterations made by Tenant shall be made at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord. Tenant shall be entitled give written notice to remove such Tenant Additions which at Landlord five (5) days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the time of their installation Landlord Premises, and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close made in accordance with applicable Laws and in a good and workmanlike manner. In making any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablePremises.
Appears in 2 contracts
Sources: Net Lease Agreement (Integrated Device Technology Inc), Net Lease Agreement (Integrated Device Technology Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.046.03, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsfloors but only to the extent the same were opened by Tenant. Notwithstanding any of the foregoing to the contrary, (a) Tenant shall not be required to remove any portion of the Tenant Work shown on the Tenant’s Plans and approved as of the date of this Lease, as such terms are defined in Exhibit B hereto, and (b) if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 2 contracts
Sources: Lease Agreement (Guardant Health, Inc.), Lease Agreement (Guardant Health, Inc.)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.
Appears in 2 contracts
Sources: Lease Agreement (Clarent Corp/Ca), Lease Agreement (Clarent Corp/Ca)
In General. Upon In the Termination Dateevent that Tenant disputes the amount of Additional Rent set forth in any annual Statement or Supplemental Statement delivered by Landlord, then subject to the terms of Section 4.6.2, below, Tenant shall surrender have the right to cause a reputable, qualified, independent real estate services firm or audit/review company, working primarily on a non-contingency fee basis (individually and vacate collectively, “Tenant’s Auditor”) to inspect, review and audit Landlord’s accounting records for the Premises immediately and deliver possession thereof Expense Year covered by such Statement during normal business hours (“Tenant Review”). As a condition precedent to Landlord in any such inspection, Tenant shall cause such Tenant’s Auditor to enter into a clean, good and tenantable condition, ordinary wear and tearreasonable confidentiality agreement with Landlord, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of follow Landlord’s approval of reasonable rules and regulations relating to such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; providedinspection, however, regardless of the foregoingand, in any event, Tenant and the Tenant’s Auditor shall maintain in strict confidence any and all information obtained in connection with the Tenant Review and shall not disclose such information to any person or entity other than to the management personnel, lawyers, accountants, assignees and/or subtenants of Tenant (subject to such parties’ agreement to maintain such information confidential as set forth herein). Any Tenant Review shall take place in Landlord’s office or at such other location in San Mateo or Los Angeles County as Landlord may require removal reasonably designate, and Landlord will provide Tenant with reasonable access to personnel as is reasonably necessary for the Tenant Review and reasonable use of such available office equipment, but may charge Tenant for telephone calls and photocopies at Landlord’s actual cost, Tenant shall provide Landlord with not less than thirty (30) days’ notice of its desire to conduct such Tenant Review. In connection with the foregoing review, Landlord shall furnish Tenant with such reasonable supporting documentation relating to the subject Statement as Tenant may reasonably request. In no event shall Tenant have the right to conduct such Tenant Review if Tenant is then in Default under the Lease with respect to any Tenant Additions containing Hazardous Material and all of Tenant’s trade fixturesmonetary obligations, andincluding, without limitation, the payment by Tenant of all Additional Rent amounts described in the Statement which is the subject to Section 6.03, cabling and wiring installed for of Tenant’s personal property or trade fixturesReview, which payment, at Tenant’s election, may be made under dispute. In the event possession that following Tenant’s Review, Tenant and Landlord continue to dispute the amounts of Additional Rent shown on Landlord’s Statement and Landlord and Tenant are unable to resolve such dispute, then either Landlord or Tenant may submit the matter to arbitration pursuant to Article 22 of this Lease and the proper amount of the Premises is not delivered disputed items and/or categories of Direct Expenses to be shown on such Statement shall be determined by such proceeding producing an Arbitration Award (as defined in Article 22 below). The Arbitration Award shall be conclusive and binding upon both Landlord when required hereunderand Tenant. If the resolution of the parties’ dispute with regard to the Additional Rent shown on the Statement or Supplemental Statement, pursuant to the Arbitration Award reveals an error in the calculation of Tenant’s Share of Direct Expenses to be paid for such Expense Year, the parties’ sole remedy shall be for the parties to make appropriate payments or reimbursements, as the case may be, to each other as are determined to be owing. Any such payments shall be made within thirty (30) days following the resolution of such dispute; provided that if Landlord fails to make such payment within such time period, Tenant may treat any overpayments resulting from the foregoing resolution of such parties’ dispute as a credit against Rent until such amounts are otherwise paid by Landlord. Tenant shall fail be responsible for all costs and expenses associated with Tenant’s Review, and Tenant shall be responsible for all reasonable audit fees of Tenant, as well as attorney’s fees and related costs of both Landlord and Tenant relating to remove those items described abovean Arbitration Award (collectively, Landlord may (but shall not be obligated tothe “Costs”), at Tenant’s expense, remove any provided that if the parties’ final resolution of the dispute involves the overstatement by Landlord of Direct Expenses for such property and store, sell or otherwise deal with such property as provided Expense Year in Section 11.02(bexcess of three percent (3%), including then Landlord shall be responsible for all Costs. Subject to the waiver and indemnity obligations provided in that Sectionterms of Section 4.6.2, and undertakebelow, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethis provision shall survive the termination of this Lease to allow the parties to enforce their respective rights hereunder.
Appears in 2 contracts
Sources: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, Hazardous Materials (other than those which are Tenant’s responsibility hereunder), casualty and condemnation, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remove from remain upon the Premises all movable personal property at the end of Tenant and the Term without compensation to Tenant. Tenant’s trade fixtures, includingfurniture, subject equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. Except for Alterations which cannot be removed without structural injury to Section 6.04the Premises, cabling for at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Property. Landlord, however, by written notice to Tenant at least thirty (30) days prior to the foregoing. Tenant shall be entitled Termination Date, may require Tenant, at its expense, to remove such (a) any Cable installed by or for the benefit of Tenant, and (b) any Tenant Additions which that Landlord designated for removal at the time of their installation Landlord consent and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by that, in Landlord’s reasonable judgment, including any Tenant Additions containing Hazardous Material. Tenant immediately shall are of a nature that would require removal and repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any costs that are materially in excess of the Tenant Additions which were installed by Tenant involved the lowering of ceilingsremoval and repair costs associated with standard laboratory and office improvements (collectively referred to as “Required Removables”). Required Removables may include, raising of floors or the installation of specialized wall or floor coverings or lightswithout limitation, then Tenant internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from before the Premises; provided, however, regardless Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the foregoing, Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in any eventa timely manner, Landlord may require removal of any Tenant Additions containing Hazardous Material and all perform such work at Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesexpense. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding anything in this Section 12.1 to the contrary, failure by Tenant to strictly comply with the provisions of this Section 12.1 with respect to any Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises.
Appears in 2 contracts
Sources: Office/Laboratory Lease (Caribou Biosciences, Inc.), Office/Laboratory Lease (Caribou Biosciences, Inc.)
In General. Upon Tenant shall, at Tenant’s own expense, keep the Termination DatePremises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor coverings on the floors upon which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall surrender shall, at Tenant’s own expense, but under the supervision and vacate subject to the reasonable prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises immediately which is not Landlord’s responsibility under this Lease and deliver possession thereof to Landlord in a cleanreplace or repair all damaged, good broken, or worn fixtures and tenantable conditionappurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs after receipt of written notice from Landlord, then Landlord, after an additional three (3) business days written notice to Tenant, may, but need not, make such repairs and replacements, and damage caused by Landlord excepted. Tenant shall deliver to pay Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixturescost thereof, including, subject to Section 6.04, cabling for any including a percentage of the foregoing. Tenant shall cost thereof (to be entitled uniformly established for the Building and/or the Project) sufficient to remove reimburse Landlord for all reasonable overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such Tenant Additions which at the time of their installation Landlord repairs and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsreplacements within thirty (30) days after being billed for same. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterationsforegoing, Landlord shall advise Tenant at be responsible for repairs to the time exterior walls, foundation and roof of Landlord’s approval the Building, the structural portions of such Tenant Work or Tenant Alterations as the floors of the Building, and the base building systems and equipment of the Building, except to whether Landlord will require the extent that such Tenant Work repairs are required due to the negligence or Tenant Alterations be removed by Tenant from the Premiseswillful misconduct of Tenant; provided, however, regardless that if such repairs are due to the negligence or willful misconduct of the foregoing, in any eventTenant, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), nevertheless make such repairs at Tenant’s expense, remove or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. The foregoing notwithstanding, Landlord may not install any pipes ducts, utility lines, conduits or equipment (herein collectively called “Utility Lines”) in the Premises unless all of the following conditions be met:
7.1.1 the same are required by “Applicable Law,” as that term is defined in Article 24 of this lease; and
7.1.2 such Utility Lines are located completely beneath the floor or completely within the walls of the Premises or completely above the Tenant’s hung ceiling, provided, however, that: (i) the same may not displace or interfere with the location or placement of Tenant’s Utility Lines serving the Premises, unless Landlord agree to relocate Tenant’s Utility Line at Landlord’s sole cost and expense, and (ii) if there is no finished ceiling, then such area will not be available to Landlord for this purpose and Landlord will be restricted to the sub-floor or interior walls as hereinbefore described;
7.1.3 such work is not performed during Business Hours (except in emergencies) unless Tenant, in the exercise of its reasonable discretion, agrees otherwise; and
7.1.4 Landlord will be liable for all loss, damage, or injury to persons or property resulting therefrom and storewill indemnify and hold Tenant harmless from all claims, sell or otherwise deal with such property as provided in Section 11.02(b)losses, costs, expenses and liability, including the waiver and indemnity obligations provided in that Sectionreasonable attorney’s fees, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablearising therefrom.
Appears in 2 contracts
In General. Upon Landlord hereby acknowledges and agrees that Tenant desires to have more of Tenant’s employees possess and utilize parking cards than the Termination Datenumber of parking passes rented by Tenant. Accordingly, subject to the terms of this Section 6, Landlord hereby agrees that, upon not less than thirty (30) days’ notice from Tenant from time to time (a “Flex Parking Pass Notice”), Tenant shall surrender and vacate the Premises immediately and deliver possession thereof be permitted to Landlord in convert up to (but not more than) a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property total of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any 70% of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises unreserved parking passes to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions “Flex Parking Passes,” which were installed Flex Parking Passes may be utilized by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior upon and subject to the commencement terms of this LeaseSection 6. For purposes hereof, a “Flex Parking Pass” shall be an unreserved parking pass rented by Tenant (which shall also continue to be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing rented by Tenant at unreserved parking rates pursuant to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 terms of the Lease) at in connection with which Landlord shall issue two (2) parking cards for each such Flex Parking Pass, with such parking cards to be used by Tenant as provided for herein. Use of Flex Parking Passes shall be subject to the time following: (i) all parking cards associated with Flex Parking Passes may be issued by Tenant requests approval only to Tenant’s employees (each, a “Flex Parking Pass Holder”), (ii) all Flex Parking Pass Holders shall enter the Building parking facility through the “visitor” (not monthly) entry lane, (iii) the first Flex Parking Pass Holders that seek to enter the parking facilities on any particular day, up to the number of Flex Parking Passes then rented by Tenant (the “Maximum Number of Flex Pass Entries”), shall be permitted in the Building parking facilities to park, and (iv) any Flex Parking Pass Holders that attempt to enter the parking facilities after the Maximum Number of Flex Pass Entries shall, notwithstanding that such employees shall hold a parking card, be denied access to the parking facilities (provided that the foregoing shall not limit or prohibit such employees from entering the Building parking facilities as a visitor (in which case such employees shall be required to pay Landlord’s posted visitor parking charges)). All parking cards issued by Landlord with respect to Flex Parking Pass shall be paid for by Tenant within thirty (30) days following receipt of demand by Landlord. As of the date of this Eighth Amendment, the charge for parking cards is $15.00 per card. Landlord hereby agrees that such amount shall not increase following the date hereof, except to the extent of any actual increase in the cost to Landlord of providing such parking cards. For clarity purposes, (a) in no event shall the number of Flex Parking Pass Holders that park in the Building parking facilities at any particular time exceed the number of Flex Parking Passes rented by Tenant Work (notwithstanding the number of parking cards issued for Flex Parking Passes, but Landlord acknowledges and agrees that any individual holding a parking card issued in connection with the Flex Parking Passes rented by Tenant may be among those individuals parking in the Building parking facilities at any particular time (subject to the foregoing limitation set forth in this item (a)), (b) in no event shall the aggregate number of vehicles entering the Building parking facilities pursuant to Tenant’s parking rights under the Lease, as amended hereby, exceed the aggregate of (x) the number of reserved parking passes rented by Tenant, (y) the number of standard unreserved parking passes (i.e., non-reserved, non-Flex Parking Passes, which shall be referred to herein as “Standard Unreserved Parking Passes”) rented by Tenant, and (z) the number of Flex Parking Passes rented by Tenant, (c) the rules associated with Flex Parking Passes shall not impact or subsequent Tenant Alterations, Landlord shall advise Tenant at reduce the time rights of Landlord’s approval holders of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed Standard Unreserved Parking Passes and reserved parking passes rented by Tenant from entering the Premises; provided, however, regardless Building parking facilities at any time in accordance with the terms of the foregoingLease, and (d) Tenant shall have the right to re-convert Flex Parking Passes back to Standard Unreserved Parking Passes from time to time upon not less than thirty (30) days’ notice (in any eventwhich case Tenant shall be required to concurrently return to Landlord the parking cards associated with such relinquished Flex Parking Passes). Except as otherwise set forth herein, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession terms of the Premises is not delivered Lease shall be applicable to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property Flex Parking Passes in the same manner as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableunreserved parking passes.
Appears in 2 contracts
Sources: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, Inc.)
In General. Upon the Termination Date, Tenant ▇▇▇▇▇▇ shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and teartear excepted, and any damage from casualty and condemnation, and damage caused by Landlord exceptedLandlord, shall be governed by the provisions of this Lease dealing specifically therewith. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous Material. Tenant immediately Alterations (collectively, “Leasehold Improvements”) shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore remain upon the Premises to a tenantable condition as reasonably determined by Landlord. If any at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition at least 30 days prior to the commencement Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by Tenant, and (b) any Tenant Additions that, in Landlord’s reasonable judgment, are of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any a nature that would require removal and repair costs that are materially in excess of the foregoing removal and repair costs associated with standard laboratory and office improvements (collectively referred to the contraryas “Required Removables”). Required Removables may include, if so requested by Tenant in writing (without limitation, internal stairways, raised floors, personal baths and prominently in all capital showers, vaults, rolling file systems and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord structural alterations and modifications. The designated Required Removables shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from before the Premises; provided, however, regardless Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the foregoing, Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in any eventa timely manner, Landlord may require removal of any Tenant Additions containing Hazardous Material and all perform such work at Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesexpense. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding anything in this Section 12.1 to the contrary, failure by ▇▇▇▇▇▇ to strictly comply with the provisions of this Section 12.1 with respect to any Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises.
Appears in 2 contracts
Sources: Office/Laboratory Lease (Kyverna Therapeutics, Inc.), Office/Laboratory Lease (Kyverna Therapeutics, Inc.)
In General. Upon the Termination Date, Tenant ▇▇▇▇▇▇ shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable conditioncondition as existed on the Commencement Date, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous MaterialAlterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable, and (b) any Landlord Work or Tenant Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements, as applicable (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Paragraph 12 must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant immediately shall repair all damage resulting from caused by the installation or removal of any of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s propertyexpense. Tenant, furnishingsat the time it requests approval for a proposed Tenant Alteration, Tenantmay request in writing that Landlord advise Tenant whether the proposed Tenant Alteration or any portion of the proposed Tenant Alteration is a Required Removable. Within 10 days after receipt of ▇▇▇▇▇▇’s Personal Property or request, Landlord shall advise Tenant Additions, shall close all floor, ceiling and roof openings and shall restore in writing as to which portions of the Premises to a tenantable condition as reasonably determined by Landlordproposed Tenant Alterations are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 2 contracts
Sources: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a broom-clean, good and tenantable condition, excepting ordinary wear and tear, repairs and maintenance for which Landlord is responsible under this Lease and damage caused by Landlord exceptedcasualty and/or Landlord. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All permanent improvements in and to the Premises all movable personal property of Tenant and (other than Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord equipment and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlordpersonal property), including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 90 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable, and (b) any Tenant Additions containing Hazardous Materialthat, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements, as applicable, only to the extent Landlord notified Tenant of such required removal at the time Landlord approved such Tenant Addition (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Paragraph 12 must comply with the Project’s Sustainability Practices and the applicable Green Building Standards. Tenant immediately shall repair all damage resulting from caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Tenant Alteration, may request in writing that Landlord advise Tenant whether the proposed Tenant Alteration or any portion of the proposed Tenant Alteration is a Required Removable. Within 10 days after receipt of Tenant’s propertyrequest, furnishings, Tenant’s Personal Property or Landlord shall advise Tenant Additions, shall close all floor, ceiling and roof openings and shall restore in writing as to which portions of the Premises to a tenantable condition as reasonably determined by Landlordproposed Tenant Alterations are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, unless otherwise approved by Landlord, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 2 contracts
Sources: Sublease (Dynavax Technologies Corp), Office/Laboratory Lease (Dynavax Technologies Corp)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a as clean, good and tenantable conditioncondition as existed at the Commencement Date, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remove from remain upon the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any at the end of the foregoing. Term without compensation to Tenant, Landlord, however, by written notice to Tenant shall be entitled at least thirty (30) days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements, hut only to the extent that Landlord notified Tenant of such Tenant Additions which required removal at the time of their installation Landlord approved such Landlord Work or Alteration (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and Tenant agreed may showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant. Tenant before the Termination Date, Tenant shall also remove such other Tenant Additions as required repair damage caused by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from the installation or removal of any of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s propertyexpense. Landlord shall advise Tenant in writing, furnishingsat the time Tenant requests approval for any proposed Alteration, Tenant’s Personal Property whether such Alteration or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to any portion of such Alteration is a tenantable condition as reasonably determined by LandlordRequired Removable. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. , Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 2 contracts
In General. Upon the Termination Date, Tenant shall surrender not make, or permit to be made, any ---------- alterations, removals, changes, enlargements, improvements or additions (collectively "Alterations") in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld) and vacate without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term "Alterations" as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit outlets, drops, ▇▇▇▇ ducts, main and subpanels), air conditioning and partitioning in the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused made by Landlord excepted. Tenant shall deliver to Landlord all keys regardless of how affixed to the Premises. Tenant shall remove from As a condition to the Premises all movable personal property giving of Tenant and Tenant’s trade fixturesits consent, includingLandlord may impose such reasonable requirements as Landlord reasonably may deem necessary, subject to Section 6.04including without limitation, cabling for any the manner in which the work is done; a right of approval of the foregoingcontractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord, and the requirement that Tenant reimburse Landlord, as Additional Rent for Landlord's actual costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord's agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. Tenant shall be entitled give written notice to remove such Tenant Additions which at Landlord five (5) business days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the time of their installation Landlord Premises, and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close made in accordance with applicable Laws and in a first-class workmanlike manner. In making any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell the Building or otherwise deal with such property as provided in Section 11.02(b), including adversely affect or alter the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablebuilding systems within the Building.
Appears in 1 contract
Sources: Net Lease Agreement (Navisite Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable conditioncondition as existed on the Commencement Date, ordinary wear and tear, and damage caused by Landlord Landlord, casualty and condemnation excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous Material. Tenant immediately Alterations (collectively, “Leasehold Improvements”) shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore remain upon the Premises to a tenantable condition as reasonably determined by Landlord. If any at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition at least 30 days prior to the commencement of this Lease. Termination Date, may require Tenant, at its expense, to remove any Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contraryAlterations (as so identified, a “Required Removable”); provided, however if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant it requests approval of any for a proposed Tenant Work or subsequent Tenant AlterationsAlteration, Landlord shall advise Tenant at the time of Landlord’s approval granting such consent whether the proposed Tenant Alteration or any portion of such the proposed Tenant Work or Tenant Alterations Alteration is a Required Removable. In no event shall any improvements existing in the Premises as to whether Landlord will require that such Tenant Work or Tenant Alterations of the Date of this Lease be a Required Removable. The designated Required Removables shall be removed by Tenant from before the Premises; provided, however, regardless Termination Date. Tenant shall repair damage caused by the installation or removal of the foregoing, Required Removables. If Tenant fails to perform its obligations in any eventa timely manner, Landlord may require removal of any Tenant Additions containing Hazardous Material and all perform such work at Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesreasonable expense. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, . Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s reasonable expense, such restoration work as Landlord deems reasonably necessary or advisable.
Appears in 1 contract
Sources: Lease Agreement (XOMA Corp)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord and damage from casualty and the presence of Hazardous Materials not released by Tenant or Tenant Parties excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsfloors created by Tenant, if any. Notwithstanding any of the foregoing to the contrary: (i) Landlord will not require Tenant to remove such Tenant Work as is described in the Preliminary Plans (as defined in the Workletter), or is consistent with or a logical, detailed expression of the Preliminary Plans; or (ii) if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any other Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s 's approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations Alteration(s) be removed by Tenant from the Premises; provided, provided however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s 's trade fixtures, and, subject to Section 6.036.04, cabling and wiring installed for Tenant’s 's personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys Subject to the Premises. Tenant shall remove from TCCs of this Section 1.5, Landlord hereby grants to the Premises all movable personal property of Original Tenant and any Permitted Transferee Assignee, the exclusive use of the portion of the ground floor lobby shown on Exhibit A-7 attached hereto ("Tenant’s trade fixtures, including's Lobby Area") throughout the Lease Term (as may be extended by Tenant in accordance with this Lease), subject to Section 6.04, cabling for any permitting ingress and egress through such areas from the Building lobby which provides elevator access to the Parking Structure. As part of the foregoing. Tenant Final Condition, Landlord shall be entitled to remove such Tenant Additions which place or install, at Landlord's sole cost and expense, furniture in Tenant's Lobby Area consistent with the time quality, type and quantity of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlordfurniture installed in the remainder of the ground floor Building lobby in a location, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any , not to materially interfere with the location of the Tenant Additions which were Lobby Desk and any reasonable access routes from and between Tenant's Lobby Desk, Retail Space, and Tenant's Elevators. In addition, any artwork installed in Tenant's Lobby Area shall be placed in a location, reasonably determined by Tenant involved Landlord, not to materially interfere with the lowering location of ceilingsthe Lobby Desk and any reasonable access routes from and between Tenant's Lobby Desk, raising of floors or the installation of specialized wall or floor coverings or lightsRetail Space, then Tenant shall also be obligated to return such surfaces to their condition and Tenant's Elevators. Furthermore, prior to the commencement Phase 1 Lease Commencement Date or thereafter throughout the Lease Term (provided that Tenant is then leasing the Retail Space), Tenant may cause (i) Landlord, at Tenant's sole cost (which cost shall be deducted from the Improvement Allowance if such work is performed prior to the Phase 1 Lease Commencement Date) (the "Lobby Wall Work"), to relocate or demolish the demising walls designated on Exhibit A-7 separating the Retail Space from Tenant's Lobby Area or (ii) Landlord not to construct such demising walls if construction of such demising walls has not yet commenced. In addition, so long as Tenant is leasing the Retail Space and has exclusive use of Tenant's Elevators, Landlord hereby grants to Tenant, the exclusive use of the corridor connecting the Retail Space to the adjacent elevator lobby (which corridor is shown on Exhibit A-7 attached hereto) (the "Lobby/Retail Corridor"), except as such exclusive use may be limited in order to comply with applicable Laws; provided, that, subject to Article 8 below, Tenant may make Alterations thereto required to allow such exclusive use under applicable Law. Notwithstanding the foregoing (and subject to the following TCCs of this Lease. Section 1.5.1), Tenant shall also may not place or install any improvements, fixtures, or personal property in Tenant's Lobby Area (other than the Lobby Desk (as defined below)), either permanent or temporary, without Landlord's approval, which may be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant withheld in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises's sole discretion; provided, however, regardless for an annual two (2) week period immediately preceding and continuing throughout Dream Force, Tenant shall have the right to place movable marketing materials and/or portable digital devices in Tenant's Lobby Area in addition to the Retail Space. All material displayed on the Lobby Desk or placed in Tenant's Lobby Area shall be related to (A) Tenant's customers, (B) Tenant's products, or (C) Tenant's charitable foundation, and in no event shall the Lobby Desk or the content of the foregoingTenant's Lobby Area include any "Objectionable Content," as that term is defined below, or otherwise be in violation of signage content restrictions under applicable Laws. As used herein, "Objectionable Content" shall mean any eventcontent which is generally considered pornographic, Landlord may require removal obscene or defamatory, or consists of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixturesmaterial or activity with a primary context (I) aimed at furthering a political candidacy, and(II) advancing a political stance on one or more issues, subject or (III) that is reasonably likely to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesincite protest. In addition, any signage within Tenant's Lobby Area (including any signage on the event possession of the Premises is not delivered to Landlord when required hereunderLobby Desk, or if Tenant shall fail to remove those items described above, Landlord may (but as defined in Section 1.5.2 below) shall not be obligated to), at Tenant’s expense, remove include any of such property and store, sell or otherwise deal with such property "Objectionable Name" (as provided defined in Section 11.02(b23.5 below), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Office Lease (Salesforce Com Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and ‘shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work (or any changes thereto) or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work (or any changes thereto) or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove the Restroom Work at the expiration or earlier termination of this Lease. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable..
Appears in 1 contract
Sources: Office Lease (Lemonade, Inc.)
In General. Upon Except for painting the Termination Dateinterior walls of the Premises, re-carpeting of the carpeted areas of the Premises and minor or decorative alterations to the interior of the Premises which (i) do not impair the integrity of the Building Structure, (ii) do not adversely affect any of the Building Systems serving the Premises or Building, (iii) are not visible from outside of the Building (iv) do not cost in excess of Seventy-Five Thousand Dollars ($75,000.00) per improvement project or Five Hundred Thousand Dollars ($500,000.00) during the Term of this Lease, as such Term may be extended and (v) are not Specialty Alterations as defined below (collectively, “Cosmetic Alterations”), Tenant shall surrender not make, or permit to be made, any alterations, removals, changes, enlargements, improvements or additions, including, without limitation, Specialty Alterations as defined below (collectively “Alterations”) in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed) and vacate without acquiring and complying with the Premises immediately and deliver possession thereof to conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. Landlord acknowledges that Landlord will advise Tenant in a clean, good and tenantable condition, ordinary wear and tearwriting of (i) its grant or denial of consent for such Alterations, and (ii) whether Landlord will require Tenant to remove any Specialty Alterations (as defined below) and repair any damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenantsuch removal, in each case within ten (10) business days after Landlord’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any receipt of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore written notice to Landlord requesting the Premises to a tenantable condition as reasonably determined by Landlordsame. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at At the time Tenant requests approval of Landlord’s consent to any Tenant Work or subsequent Tenant Specialty Alterations, Tenant shall request a decision from Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations in writing as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, to remove any of such property Specialty Alterations and store, sell or otherwise deal repair any damage caused by such removal. If Landlord fails to respond with such property ten (10) business day period, then Tenant may deliver a second written notice to Landlord containing the same request as provided above, which second notice shall contain the following provisions in Section 11.02(bbold, capitalized letters: “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS FOLLOWING YOUR RECEIPT OF THIS NOTICE, THEN YOU ARE DEEMED TO HAVE CONSENTED TO THE SPECIALTY ALTERATIONS DESCRIBED IN THIS NOTICE AND TO HAVE AGREED THAT TENANT IS NOT REQUIRED TO REMOVE SUCH SPECIALTY ALTERATIONS DESCRIBED IN THIS NOTICE AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.”. In such event of Landlord’s deemed consent, Tenant will not be required to remove at Lease Termination any such Specialty Alterations described in Tenant’s second notice to Landlord as provided above. For purposes of this Lease “Specialty Alterations” shall mean “Specialty Alterations” shall mean any of the following Alterations: (a) safes and vaults; (b) specialized flooring (including raised flooring) and/or labs; (c) conveyors and dumbwaiters; (d) any Alterations which (i) perforate a floor slab in the Premises or a wall that encloses/encapsulates the Building Structure, or (ii) involve material plumbing connections (such as kitchens and executive bathrooms outside of the Building core); (e) special security equipment, and (f) any other installations, additions, improvements or alterations not typically found in general use office space or requiring over-standard demolition or restoration costs for the removal or restoration thereof. Tenant shall not be obligated to obtain Landlord’s prior written consent to any Cosmetic Alterations referred to above, and Cosmetic Alterations shall not be Specialty Alterations, but such Cosmetic Alterations shall be subject to all of the other terms and conditions of this Paragraph 13.1 and 13.2 below. The term “Alterations” as used in this Paragraph 13 shall also include, without limitation, all heating, lighting, electrical (including all wiring, conduit outlets, drops, ▇▇▇▇ ducts, main and subpanels), air conditioning and partitioning in the Premises made by Tenant regardless of how affixed to the Premises. As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the waiver manner in which the work is done; a reasonable right of approval of the contractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and indemnity obligations provided form reasonably satisfactory to Landlord for Alterations costing in excess of $250,000.00; and the requirement that SectionTenant reimburse Landlord, as Additional Rent, for Landlord’s actual and reasonable costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord’s consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord’s agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. Tenant shall give written notice to Landlord five (5) business days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, and undertakeprior to the commencement of any work of improvement on the Premises. Any Alterations, including, without limitation, Cosmetic Alterations, to the Premises made by Tenant or any of its agents, employees, contractors, subcontractors or other representatives shall be made in accordance with applicable Laws and in a first-class workmanlike manner. In making any such Alterations, Tenant shall, at Tenant’s sole cost and expense, such restoration work as file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the integrity of the Building Structure or adversely affect any of the Building Systems serving the Building or Premises. Landlord deems necessary agrees not to charge any construction management or advisablesupervision fee for any Alterations, including those Alterations which would require Landlord’s consent pursuant to the terms above.
Appears in 1 contract
In General. Upon Motorized vehicles of any kind, including motorcycles and mopeds, are prohibited in the Termination DateBicycle Storage Area, as is the storage of any property other than Bicycles. Each rider shall use the Bicycle Storage Area at is sole risk. Landlord specifically reserves the right to reasonably change the location, size, configuration, design, layout and all other aspects of the Bicycle Storage Area at any time (provided that no such action will materially diminish the capacity of the Bicycle Storage Area on other than a reasonably temporary basis), and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Bicycle Storage Area for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord has no obligation to provide any security whatsoever in connection with the Bicycle Storage Area except as expressly set forth in this Section 5.3. Landlord shall provide twenty-four (24) hours per day, seven (7) days per week, reasonable access control services for the General Bicycle Storage Area in a manner materially consistent with the services provided by landlords of Comparable Buildings. As set forth in Section 5.3.2 above, Tenant shall surrender and vacate be responsible for the Premises immediately and deliver possession thereof provision of any access control services for the Tenant Bicycle Storage Area. Notwithstanding anything to Landlord the contrary set forth in a cleanthis Section 5.3, good and tenantable condition, ordinary wear and tear, and damage except to the extent caused by Landlord’s or its agents’ employees and/or contactors’ negligence or willful misconduct, Landlord exceptedshall in no case be liable for personal injury or property damage for any error with regard to the admission to or exclusion from the Bicycle Storage Area of any person. Upon the expiration or earlier termination of this Lease, Tenant shall deliver have removed all Bicycles belonging to Landlord all keys to the Premises. Tenant shall remove its employees from the Premises all movable personal property of Tenant Bicycle Storage Area and Tenant’s trade fixtures, includingat Tenant's sole cost and expense, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from to the Bicycle Storage Area caused by the removal of any Tenant's property therefrom (excepting normal wear and tear therefrom), and if Tenant fails to repair such damage, Landlord may undertake such repair on account of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, and Tenant shall close all floor, ceiling pay to Landlord upon demand the reasonable and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlordactual cost of such repair. If Tenant fails to remove any of Bicycles at the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors expiration or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement earlier termination of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal dispose of said Bicycles in such lawful manner as it shall determine in its sole and absolute discretion, but in any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal in a manner in compliance with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableApplicable Laws.
Appears in 1 contract
Sources: Office Lease (Atlassian Corp PLC)
In General. Upon Declarant reserves the Termination Dateright, Tenant shall surrender and vacate from time to time prior to ten (10) years from the Premises immediately and deliver possession thereof date of Recording of this Condominium Declaration, to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys add portions of the Development Area to the PremisesCondominium Property and submit such portions to the Act and this Condominium Declaration by Recording a supplement to this Condominium Declaration (a "Supplemental Declaration"), as hereinafter provided. Tenant shall remove from For the Premises all movable personal property purposes of Tenant and Tenant’s trade fixturesthis Article, including, any portion of the Development Area which is made subject to Section 6.04, cabling for any the Act and this Condominium Declaration as part of the foregoing. Tenant Condominium Property by a Supplemental Declaration shall be entitled referred to remove such Tenant Additions as "Added Property", any Dwelling Units in the Added Property shall be referred to as "Added Dwelling Units". In making Added Property subject to the Act and this Condominium Declaration, the following shall apply:
(a) Any buildings located on the Added Property shall be substantially similar in design and construction to the buildings which at the time of their installation Landlord and Tenant agreed are initially planned to be made subject to this Condominium Declaration.
(b) Added Property may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal made subject to the Condominium Declaration at different times; there is no limitation on the order in which Added Property or Tenant Additions, shall close all floor, ceiling may be made subject to this Condominium Declaration; and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any no particular portion of the Tenant Additions Development Area must be made subject to this Condominium Declaration.
(c) The maximum number of Dwelling Units which were installed may be made subject to this Condominium Declaration is 72.
(d) Any Added Dwelling Units which are made subject to this Condominium Declaration pursuant to this Article shall be compatible with or of substantially the same style, floor plan, size and quality as the Dwelling Units initially made subject to this Condominium Declaration.
(e) If the Condominium has been approved by Tenant involved the lowering of ceilingsFHA and FHA insures or holds a mortgage on a Dwelling Unit, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also no additional property may be obligated to return such surfaces to their condition prior added to the commencement Condominium Property without the prior written consent of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the PremisesFHA; provided, howeverthat, regardless such consent shall be conclusively deemed to have been given with respect to a Supplemental Declaration which submits Added Property to the Act and Condominium Declaration where the addition of the foregoing, Added Property is in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject substantial conformity with the development plan for the Development Area which was submitted to Section 6.03, cabling and wiring installed FHA in connection with an application for Tenant’s personal property or trade fixtures. In the event possession approval by FHA of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableCondominium.
Appears in 1 contract
Sources: Declaration of Condominium Ownership
In General. Upon Landlord covenants that as of the Termination Substitute Premises Commencement Date, the Substitute Premises and the parking areas serving the 6260 Building, shall be in material compliance with all Applicable Laws in effect as of the Substitute Premises Commencement Date. If, within the first (1st) year following Landlord's delivery of the Substitute Premises to Tenant, it is discovered that Landlord failed to deliver the Substitute Premises in material compliance with all Applicable Laws in effect as of the Substitute Premises Commencement Date as required by the immediately preceding sentence, Landlord shall, at its sole cost and expense and without reimbursement from Tenant shall surrender of any kind, correct any material deficiency in such condition promptly following receipt of written notice thereof from Tenant within such one (1) year period if and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from extent (A) each such compliance with Applicable Laws obligation is not required as a result of the Premises all movable personal property misconduct, breach, fault or negligence of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for or any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Parties, (B) Landlord's failure to comply with such Applicable Laws would prohibit Tenant from obtaining or maintaining a certificate of occupancy for the Substitute Premises, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any or create a significant health hazard for Tenant's employees, or would unreasonably and materially affect (x) the operation of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant 's business from the Substitute Premises, or (y) the safety of Tenant's employees, and (C) is not the responsibility of Tenant under the Lease (as amended); provided, however, regardless of to the extent compliance work is undertaken by Landlord which is not required pursuant to the foregoing, the costs incurred in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, connection therewith shall be subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession Operating Expense provisions of the Lease (i.e., such costs shall only be includable in Operating Expenses and passed through to the Tenant to the extent permitted by the Lease). Any such work by Landlord needed to bring the Substitute Premises is not delivered and/or the parking areas serving the 6260 Building into material compliance with all Applicable Laws ("Landlord's Compliance Work") may be undertaken at the same time Tenant constructs the Improvements in the Substitute Premises pursuant to Landlord when required hereunderthe provisions of the Work Letter, or if and Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of promptly and diligently cooperate and comply with Landlord's construction schedule for such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablework.
Appears in 1 contract
In General. Upon the Termination Date, Tenant T▇▇▇▇▇ shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant Tenant, and TenantT▇▇▇▇▇’s trade fixtures, fixtures (including, subject to Section 6.04without limitation, all cubicles and any low voltage cabling for any installed or utilized by Tenant during the Term, regardless of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenantsource). Tenant shall also remove such other Tenant Additions Alterations as required by Landlord, including including, but not limited to, any Tenant Additions Alterations containing Hazardous MaterialMaterials. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant AdditionsAlterations, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested floors occasioned by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may may, (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, 11.02(d) therefrom without any liability to Landlord and undertake, at Tenant’s expense, expense such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Lease (InspireMD, Inc.)
In General. Tenant shall be entitled, at its sole cost and expense (but at no additional Rent or other charge to Tenant by Landlord except for reimbursement of costs), to identification signage (which identification signage may be externally or internally illuminated) in the locations shown on Exhibit H. Upon the Termination Dateexpiration or earlier termination of this Lease, Tenant shall surrender be responsible, at its sole cost and vacate expense, for the Premises immediately removal of such signage and deliver possession thereof the repair of all damage to Landlord in a cleanthe Building caused by such removal. All aspects of Tenant’s signage, good including but not limited to, graphics, materials, color, style, design, lettering, size, quality, specifications and tenantable conditionexact position, ordinary wear and tearshall at all times be consistent with Landlord’s commercially reasonable master signage program for the Project, and damage caused by shall be subject to all applicable governmental laws, rules, regulations, codes and approvals, and to Landlord’s prior written approval (which shall not be unreasonably withheld, conditioned or delayed). Following execution of this Lease, Landlord excepted. agrees to cooperate and use good faith commercially reasonable efforts (at no out-of-pocket cost to Landlord) to assist Tenant shall deliver in its efforts to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and obtain any necessary governmental approvals for Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoingproposed exterior identification signage. Tenant shall be entitled responsible, at Tenant’s sole cost and expense, for all costs relating to remove such Tenant Additions which at the time of their installation Landlord design, installation, repair, maintenance and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any replacement of Tenant’s propertysignage. In addition, furnishingsTenant shall, at Tenant’s Personal Property sole cost and expense, pay for any modifications to Tenant’s signage or any replacement of Tenant’s signage during the Lease Term. The rights contained in this Section 22.1 shall be personal to Beyond Meat, Inc. (“Original Tenant”), and may only be exercised by Original Tenant Additions, shall close all floor, ceiling (and roof openings and shall restore the Premises any Affiliate who becomes an assignee of Original Tenant’s interest in this Lease pursuant to a tenantable condition as reasonably determined by LandlordPermitted Transfer). If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior Prior to the commencement expiration or earlier termination of this Lease. , or upon the expiration of Tenant’s signage rights as set forth in this Section 22.1, Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any responsible, at Tenant’s sole cost and expense, for the removal of Tenant’s signage from the foregoing Building, and the repair of all damage to the contrary, if so requested Building caused by such removal. In the event Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterationsdoes not timely remove Tenant’s signage, Landlord shall advise Tenant have the right, at Tenant’s sole cost and expense, to remove Tenant’s signage and to repair any and all damage to the time Building and/or Project caused by such removal. From and after the execution and delivery of this Lease, no occupant of the Project will be granted rights to install signs on more exterior Building surface area than is provided to Tenant, unless such occupant occupies more rentable space in the Project than Tenant. Subject to Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; providedsize, howevercolor, regardless location, method of the foregoinginstallation and illumination, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may materials thereof (but which approval shall not be obligated tounreasonably withheld, conditioned or delayed), at Tenant’s expenseand subject to the approval of the City of El Segundo, remove any Tenant may install a sign displaying its business logo on the roof surface of such property and storethe Building above the Premises (i.e., sell or otherwise deal with such property as provided in Section 11.02(bdesigned to be seen from above), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary which identification signage may be externally or advisableinternally illuminated.
Appears in 1 contract
Sources: Lease (Beyond Meat, Inc.)
In General. Upon If (I) Landlord does not deliver exclusive possession of the Expansion Premises to Tenant by September 1, 2015 or (II) Landlord does not deliver exclusive possession of the Expansion Premises materially in the Required Expansion Premises Condition by September 1, 2015 and with respect to the foregoing item (II), (a) Tenant timely delivers the Expansion Repair Notice with respect to the Required Expansion Premises Condition, (b) the defect or non-completion of the Required Expansion Premises Condition item as identified in the Expansion Repair Notice unreasonably and materially interferes with Tenant’s use of the Expansion Premises, (c) the condition of disrepair with respect to the Building Systems was not caused by Tenant or any “Tenant Parties,” as that term is defined in Section 10.1 of this Lease, or the delay in the substantial completion of the Demising Work was not caused by any acts or omissions of Tenant or any Tenant Parties (“Tenant Delay”) or Force Majeure (which shall exclude for purposes of this Section 2.3, any holdover of the Expansion Premises by an existing tenant), and (d) Tenant does not actually use the Expansion Premises as a result of such condition of disrepair of the Building System or delay in the substantial completion of the Demising Work (the foregoing (a)-(d) shall collectively be referred to as the “Rent Credit Conditions”), then the sole and exclusive remedy of Tenant at law or in equity with respect to the foregoing item (I) or with respect to the foregoing item (II) for such state of disrepair of the Building Systems or delayed completion of the Demising Work (other than requiring Landlord to correct such condition of disrepair or complete such Demising Work as required by this Lease) shall be the right to receive a Base Rent credit for the Base Rent due under this Lease for the Expansion Premises only for each day of delay after September 1, 2015 through the date actual possession of the Expansion Premises has been delivered to Tenant, with respect to the foregoing item (I) or the date actual possession of the Expansion Premises has been delivered materially in the Required Expansion Premises Condition with respect to the foregoing item (II). The foregoing credit shall not apply in the event any condition of disrepair of the Building Systems or delay in the substantial completion of the Demising Work is caused by any Tenant Delay or Force Majeure, in which event the Lease Commencement Date shall occur on September 1, 2015 without any delay or extension. In addition, if Landlord does not deliver possession of the Expansion Premises to Tenant or if Landlord does not deliver possession of the Expansion Premises to Tenant materially in the Required Expansion Premises Condition by March 31, 2016 (“Outside Delivery Date”) and such delay is not caused by any Tenant Delay or Force Majeure (not to exceed sixty (60) days), then the sole and exclusive remedy of Tenant at law or in equity for such failure shall be the right of Tenant to deliver notice to Landlord (“Delay Termination Notice”) of Tenant’s election to terminate this Lease with respect to the Expansion Premises only effective upon the date occurring ten (10) days following Landlord’s receipt of the Delay Termination Notice (“Delay Notice Termination Date”). The Outside Delivery Date shall be extended to the extent of any Tenant Delays or delays caused by Force Majeure (not to exceed sixty (60) days). Subject to the terms of this Section 2.3, Landlord hereby acknowledges and agrees that, notwithstanding the occurrence of the Lease Commencement Date, if Landlord has not delivered possession of the Expansion Premises to Tenant shall surrender or if Landlord has not delivered possession of the Expansion Premises to Tenant materially in the Required Expansion Premises Condition by September 1, 2015 and vacate such delay is not due to any Tenant Delays, then Tenant’s rights and obligations under this Lease (including, without limitation, Tenant’s obligation to commence paying Rent, obtain insurance, repair and maintain the Expansion Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and (unless damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys Tenant) with respect to the Premises. Tenant shall remove from the Expansion Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject right to Section 6.04, cabling for any lease parking spaces allocated to the Expansion Premises or assign or sublease the Expansion Premises) shall not commence until the earlier to occur of the foregoing. Tenant shall be entitled to remove (i) date of such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any delivery of the Expansion Premises materially in the Required Expansion Premises Condition and (ii) date Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated commences to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant conduct business from the Expansion Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Office Lease (TrueCar, Inc.)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord or insured casualty excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including including, any Tenant Additions containing Hazardous MaterialMaterials. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Office Lease (Amber Road, Inc.)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in (i) a clean, good and tenantable condition, ordinary wear and tear, and damage caused by casualty (subject to the terms of Article 14) or by Landlord excepted, and (ii) full compliance with law, including without limitation, Tenant’s having delivered to Landlord (a) a Business Closure Report issued by the County of San Mateo Department of Environmental Health, and if the County of San Mateo Department of Environmental Health does not then issue a “Business Closure Report”, Tenant shall have delivered to Landlord the equivalent confirmation of business closure in compliance with Environmental Laws then issued by the County of San Mateo Department of Environmental Health; and (b) a Radioactive Material License Termination issued by the appropriate governmental authority if a radiation license (or radioactive material license or similar permit with respect to radioactive material) was obtained from the applicable governmental authority for the Premises or any operation therein, or was required by Environmental Laws to be obtained, and if the applicable governmental authority does not then issue a “Radioactive Material License Termination”, Tenant shall have delivered to Landlord the equivalent confirmation of closure of the site in compliance with Environmental Laws applicable to radioactive material then issued by the applicable governmental authority. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixturesfixtures (including without limitation, any autoclaves, hoods, animal facility, cold rooms, and generators, the costs of which were not paid for by any portion of Landlord’s Maximum Contribution), including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material, but Tenant shall not otherwise be required to remove Tenant Additions installed pursuant to Section 2.2 of Rider 2 of this Lease or Article Nine of this Lease unless, at the time Landlord was required to give its consent or objection to the proposed Tenant Additions, Landlord notified Tenant of those which Landlord requires Tenant to remove upon expiration or earlier termination. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Lease Agreement (Maxygen Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s 's Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s 's approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s 's trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s 's personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon In addition to the Termination Daterights provided to Salomon ---------- pursuant to Sections 1 and 2 of this Letter Agreement, Tenant Salomon shall surrender and vacate make available to New Century an aggregation line (the Premises immediately and deliver possession thereof "Aggregation Line") pursuant to Landlord in a clean, good and tenantable condition, ordinary wear and tearwhich Salomon shall simultaneously purchase from, and damage caused sign a forward commitment to resell to, New Century Mortgage Loans that are deemed acceptable for such Aggregation Line as set forth below. It is understood and agreed that in connection with the resale of the Mortgage Loans by Landlord excepted. Tenant shall deliver Salomon to Landlord all keys New Century pursuant to the Premises. Tenant prior sentence, Salomon shall remove from not make any representations and warranties regarding the Premises all movable personal property of Tenant Mortgage Loans and Tenant’s trade fixtures, including, the Mortgage Loans will not be subject to Section 6.04, cabling due diligence review by New Century. The Aggregation Line shall be more fully documented pursuant to the Mortgage Loan Purchase and Sale Agreement (the "Purchase and Sale Agreement") to be entered into between New Century and Salomon. The purchase price (the "Purchase Price") for any such adjustable rate Mortgage Loan shall be equal to the lesser of (i) 105% of the foregoingunpaid principal balance of the Mortgage Loan or (ii) a price determined as described on the model attached hereto as Exhibit B (the "Model"). Tenant The Purchase Price for any such fixed rate Mortgage Loan shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed a price determined by Salomon in its sole discretion. The Model may be removed revised from time to time by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordSalomon to conform to changes in market conditions, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal the secondary market or the requirements of any rating agency or provider of Tenant’s propertycredit enhancement. The Purchase Price with respect to each Mortgage Loan which conforms to the Underwriting Standards of New Century which were most recently reviewed and approved by Salomon and which is not a Problem Mortgage Loan or a Non- Standard Mortgage Loan (a "Standard Mortgage Loan") shall be equal to at least 103% of the unpaid principal balance of the Mortgage Loan, furnishingsor if such Purchase Price is less than 103% of the unpaid principal balance of such Mortgage Loan, Tenant’s Personal Property upon notice by Salomon to New Century and First Bank National Association ("First Bank"), then the Purchase Price shall instead be equal to the market value of such Mortgage Loan, as determined by Salomon in its sole discretion. The Purchase Price New Century Mortgage Corporation November 4, 1996 Page 8. with respect to each Non-Standard Loan shall be equal to at least 100% of such unpaid principal balance of the Non-Standard Loan, or Tenant Additionsif such Purchase Price is less than 100% of the unpaid principal balance of such Non-Standard Loan, upon notice by Salomon to New Century and First Bank, then the Purchase Price shall close all floorinstead be equal to the market value of such Non-Standard Loan, ceiling and roof openings and as determined by Salomon in its sole discretion. The repurchase price shall restore reflect the Premises agreed upon return to Salomon for providing the Aggregation Line (the "Aggregation Cost"). With respect to any Mortgage Loan which is a Standard Mortgage Loan, the Aggregation Cost shall equal One Month LIBOR plus 1.25%. With respect to any Problem Loan or Non- Standard Loan, or in the event that New Century sells any Mortgage Loan which is subject to the Aggregation Line to a tenantable condition as reasonably determined by Landlord. If any of party other than Salomon, the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant Aggregation Cost shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesequal One Month LIBOR plus 2.50%. In the event possession that a Mortgage Loan is sold to any third party other than Salomon, the Mortgage Loan shall be subject to the foregoing increased rate from the first day of the Premises month the commitment is not delivered entered into with such third party until the date of such sale. New Century shall retain principal and interest on any Mortgage Loans subject to Landlord when required hereunderthe Aggregation Line. The Aggregation Line, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)inclusive of any Problem Loans and Non-Standard Loans, at Tenant’s expense, remove any one time shall be limited to $175 million in amount of Mortgage Loans and shall have a term of one month. Salomon shall provide not less than twenty eight days' prior notice to New Century and First Bank (or such property and store, sell or otherwise deal with such property other warehouse lender as provided directed by New Century) in Section 11.02(b), including the waiver and indemnity obligations provided in event that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableSalomon elects to not renew the Aggregation Line for any month.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a cleanclean and, good and tenantable condition, ordinary wear and tear, casualty and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall be entitled to remove from the Premises all movable personal property of Tenant and Tenant, Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove fixtures and such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove any Tenant Additions containing Hazardous Materials and such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous MaterialLandlord upon installation to be removed. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable clean and good condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this LeaseLease unless Landlord agreed to accept such alterations at the time of approving the same. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested floors occasioned by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesAdditions. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may may, (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, 11.02(d) therefrom without any liability to Landlord and undertake, at Tenant’s expense, expense such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, damage by fire or other casualty and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall be entitled to remove from the Premises all movable personal property of Tenant Tenant, Tenant's trade fixtures and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed in writing may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordLandlord consisting of computer floors, including new stairwells and staircases, specialty plumbing, supplemental cooling units, bracing of floors, any structural alterations, vaults, safes or any other non-standard office Tenant Additions (but specifically excluding white noise systems, voice/data risers cabling (except as otherwise provided in Section 19 of the Rider), wall coverings, floor coverings and lights), as well as any Tenant Additions containing materials which, as of the Termination Date, are Hazardous MaterialMaterials requiring remediation under applicable Laws. Except as set forth in the preceding sentence, Tenant shall not be required to remove any Tenant Additions. Tenant shall not be required to remove any improvements (or to reconfigure the space, including the removal of any Existing Improvements (as hereinafter defined) or other openings between floors) that existed within the Premises on the date that possession of the Premises was first delivered to Tenant. Without limitation of the generality of the preceding sentence, the parties acknowledge and agree that as of the date of this Lease, staircases and a studio exist in the Premises (such existing staircases and studio being referred to herein as the "Existing Improvements"), and that Tenant shall have no obligation to remove the Existing Improvements upon expiration or earlier termination of this Lease. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings (except as provided above) and shall restore the Premises to a tenantable condition as reasonably determined by Landlord, subject to the preceding requirements as to which Tenant Additions must be removed by Tenant. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, ceilings or raising of floors or the installation of specialized wall or floor coverings or lightsfloors, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease, reasonable wear and tear excepted. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any floors which did not exist on the date possession of the foregoing Premises was delivered to Tenant or which were installed as part of Tenant's Work, except if in the contrary, if so requested place previously occupied by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesa staircase. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)may, at Tenant’s 's reasonable expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, therefrom without any liability to Landlord and undertake, at Tenant’s 's reasonable expense, such restoration work as Landlord deems necessary or advisable. Tenant obligations under this Section 12.1 shall survive expiration or earlier termination of this Lease.
Appears in 1 contract
In General. (a) Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a as clean, good and tenantable conditioncondition as existed at the Commencement Date, ordinary wear and tear, and damage caused by casualty or Landlord excepted; provided, however, that under no circumstances will Tenant be required to remove the Landlord Work or Tenant Work performed pursuant to the Workletter attached hereto as Exhibit B, or any Tenant Alterations as to which Landlord failed to advise Tenant of its required removal pursuant to this Section 12.1(b). Tenant shall deliver to Landlord all keys to the Premises. Tenant All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remove from remain upon the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any at the end of the foregoingTerm without compensation to Tenant. Landlord, however, by written notice to Tenant in accordance with this Section 12.1(b) may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall be entitled repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove perform its obligations in a timely manner, Landlord may perform such Tenant Additions which work at Tenant’s expense.
(b) Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of their installation Landlord and Tenant agreed may be removed by Tenantthe Alteration is a Required Removable. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any Within 10 days after receipt of Tenant’s propertyrequest, furnishings, Tenant’s Personal Property or Landlord shall advise Tenant Additions, shall close all floor, ceiling and roof openings and shall restore in writing as to which portions of the Premises to a tenantable condition as reasonably determined by LandlordAlteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Lease Agreement (Avista Public Acquisition Corp. II)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant, Tenant’s trade fixtures, including, and subject to Section 6.046.03, cabling for any of the foregoingcabling. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant shall not be required to Section 12.01 of the Lease) at the time remove Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesWork. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender not make, or permit to be made, any alterations, removals, changes, enlargements, improvements or additions (collectively "Alterations") in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed) and vacate without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term "Alterations" as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit outlets, drops, buss ▇▇▇ts, main and subpanels), air conditioning and partitioning in the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused made by Landlord excepted. Tenant shall deliver to Landlord all keys regardless of how affixed to the Premises. Tenant shall remove from As a condition to the Premises all movable personal property giving of Tenant and Tenant’s trade fixturesits consent, includingLandlord may impose such reasonable requirements as Landlord reasonably may deem necessary, subject to Section 6.04including without limitation, cabling for any the manner in which the work is done; a right of approval of the foregoingcontractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord's actual costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord's agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. Tenant shall be entitled give written notice to remove such Tenant Additions which at Landlord five days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the time of their installation Landlord Premises, and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close made in accordance with applicable Laws and in a first-class workmanlike manner. In making any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableBuilding.
Appears in 1 contract
Sources: Net Lease Agreement (Laserscope)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including including, any Tenant Additions containing Hazardous MaterialMaterials. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may may, (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Office Lease (Nichols Txen Corp)
In General. Upon the Termination Date, Tenant ▇▇▇▇▇▇ shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable conditioncondition as existed on the Commencement Date, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous MaterialAlterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable, and (b) any Landlord Work or Tenant Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements, as applicable (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Paragraph 12 must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Building Standards. Tenant immediately shall repair all damage resulting from caused by the installation or removal of any of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s propertyexpense. Tenant, furnishingsat the time it requests approval for a proposed Tenant Alteration, Tenantmay request in writing that Landlord advise Tenant whether the proposed Tenant Alteration or any portion of the proposed Tenant Alteration is a Required Removable. Within 10 days after receipt of ▇▇▇▇▇▇’s Personal Property or request, Landlord shall advise Tenant Additions, shall close all floor, ceiling and roof openings and shall restore in writing as to which portions of the Premises to a tenantable condition as reasonably determined by Landlordproposed Tenant Alterations are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous MaterialAlterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Tenant Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant immediately shall repair all damage resulting from caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Tenant Alteration, may request in writing that Landlord advise Tenant whether the Tenant Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s propertyrequest, furnishings, Tenant’s Personal Property or Landlord shall advise Tenant Additions, shall close all floor, ceiling and roof openings and shall restore in writing as to which portions of the Premises to a tenantable condition as reasonably determined by LandlordTenant Alteration are Required Removables. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Office Lease (Zogenix, Inc.)
In General. Upon the Termination DateExcept as hereinafter provided, Tenant shall surrender not make, or permit to be made, any alterations, removals, changes, enlargements, improvements or additions (collectively “Alterations”) in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed) and vacate without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. Without the consent of Landlord but with notice to Landlord, Tenant may make non-structural Alterations to the interior of the Building providing that the cost of any such event of Alteration does not exceed $10,000 and providing that Tenant complies with the other requirements of this provision. The term “Alterations” as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit outlets, drops, b▇▇▇ ducts, main and subpanels), air conditioning and partitioning in the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused made by Landlord excepted. Tenant shall deliver to Landlord all keys regardless of how affixed to the Premises. As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord’s actual costs for outside consultants incurred in reviewing any proposed Alteration(provided such costs shall remove from not exceed a total amount of One Thousand Five Hundred Dollars ($1,500)), whether or not Landlord’s consent is granted. In the Premises all movable personal property event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant and at Tenant’s trade fixturessole cost and expense, including, subject to Section 6.04, cabling for any in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord’s agents and other tenants of the foregoingProject the least interference and inconvenience practicable under the circumstances. Tenant shall be entitled give written notice to remove such Tenant Additions which at Landlord five days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the time of their installation Landlord Premises, and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close made in accordance with applicable Laws and in a first-class workmanlike manner. In making any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableBuilding.
Appears in 1 contract
In General. Upon Tenant agrees, at its own expense, to pay for all water, power, gas, electric current, telephone, cable, wireless internet and all other utilities and services used by Tenant in the Termination DatePremises (including, without limitation, all sales, use and other taxes imposed thereon by any governmental authority). Tenant agrees to procure and install, at Landlord's sole cost and expense, any utility meters of the type required by Landlord. In the event that any utilities are furnished to the Premises by Landlord, whether submetered or otherwise, then Tenant shall pay to Landlord the cost of such utilities, including a reasonable administrative charge for Landlord's supervision. If Landlord shall from time to time reasonably determine that the use of any such utility or service in the Premises is disproportionate to the use of other tenants, Landlord may adjust Tenant's share of the cost thereof to take equitable account of such disproportionate use. If Landlord elects to utilize solar, wind or other alternatively generated electricity at the Building ("Alternative Electricity"), Tenant shall surrender and vacate the Premises immediately and deliver possession thereof agrees to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove purchase from the Premises all movable personal property provider of Tenant such Alternative Electricity up to 100% of Tenant's electrical requirements, as and Tenant’s trade fixtureswhen such Alternative Electricity is produced, including, subject to Section 6.04, cabling for any of at the foregoing. Tenant shall be entitled to remove such Tenant Additions which price in effect at the time of their installation Landlord and Tenant agreed may be removed by Tenantdelivery. Tenant agrees that Landlord shall also remove not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service, or for any diminution in the quality or quantity thereof, and such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately failures or delays or diminution shall repair all damage resulting from removal of any not be deemed to constitute an eviction or disturbance of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling 's use and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if relieve Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove from paying Rent or performing any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity its obligations provided in that Sectionunder this Lease. If Tenant is prevented from using, and undertakedoes not use, at Tenant’s expensethe Premises or a substantial portion thereof as a result of any interruption in utilities to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees and/or contractors, and such restoration work as Landlord deems necessary or advisable.failure was not caused
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender not make, or permit to be made, ---------- any alterations, changes, enlargements, improvements or additions (collectively "Alterations") in excess of Five Thousand Dollars ($5,000) in, on, about or to the Premises, or any part thereof, without the prior written consent of Landlord (which shall not be unreasonably withheld or delayed) and vacate without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term "Alterations" as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit outlets, drops, ▇▇▇▇ ducts, main and subpanels), air conditioning and partitioning in the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused made by Landlord excepted. Tenant shall deliver to Landlord all keys regardless of how affixed to the Premises. Tenant shall remove from As a condition to the Premises all movable personal property giving of Tenant and Tenant’s trade fixturesits consent, includingLandlord may impose such reasonable requirements as Landlord reasonably may deem necessary in its sole discretion, subject to Section 6.04including without limitation, cabling for any the manner in which the work is done; a right of approval of the foregoingcontractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord's actual costs incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord's agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. Tenant shall be entitled give written notice to remove such Tenant Additions which at Landlord five days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the time of their installation Landlord Premises, and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close made in accordance with applicable Laws and in a first-class workmanlike manner. In making any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableBuilding.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord Landlord, casualty, condemnation and latent defects excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions Additions, which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous MaterialMaterials. Landlord agrees to notify Tenant within fifteen (15) days of receipt of complete Construction Drawings for Tenant's initial Tenant Improvement Work (as defined in the Workletter) what if any portion of that Tenant Improvement Work Landlord will require Tenant to remove upon termination of the Lease. Landlord agrees not to require Tenant to remove any Additions that it did not specifically specify for removal at the time of its approval of such Additions, as described in Section 9.01 hereof. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items to the extent Tenant is required to as described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, casualty damage and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant All improvements in and to the Premises, including any Alterations (collectively, “Leasehold Improvements”) shall remove from remain upon the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any at the end of the foregoingTerm without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall be entitled repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove perform its obligations in a timely manner, Landlord may perform such Tenant Additions which work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of their installation Landlord and Tenant agreed may be removed by Tenantthe Alteration is a Required Removable. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any Within 10 days after receipt of Tenant’s propertyrequest, furnishings, Tenant’s Personal Property or Landlord shall advise Tenant Additions, shall close all floor, ceiling and roof openings and shall restore in writing as to which portions of the Premises to a tenantable condition as reasonably determined by LandlordAlteration are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Lease Agreement (Genomic Health Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord, casualty damage and Tenant Alterations which Landlord states may be surrendered at the termination of the Lease excepted. , and Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.046.4, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions Additions, which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions Alterations as required by LandlordLandlord at the time Landlord consented to the Tenant Alterations, including any Tenant Additions Alterations containing Hazardous MaterialMaterials. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant AdditionsAlterations, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b11.2(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon In the Termination Dateevent that Tenant disputes the amount of Additional Rent set forth in any annual Statement or Supplemental Statement delivered by Landlord, then subject to the terms of Section 4.6.2, below, Tenant shall surrender have the right to cause a reputable, qualified, independent real estate services firm or audit/review company, working primarily on a non-contingency fee basis (individually and vacate collectively, "Tenant's Auditor") to inspect, review and audit Landlord's accounting records for the Premises immediately and deliver possession thereof Expense Year covered by such Statement during normal business hours ("Tenant Review"). As a condition precedent to Landlord in any such inspection, Tenant shall cause such Tenant's Auditor to enter into a clean, good and tenantable condition, ordinary wear and tearreasonable confidentiality agreement with Landlord, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys follow Landlord's reasonable rules and regulations relating to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixturessuch inspection, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoingand, in any event, Tenant and the Tenant's Auditor shall maintain in strict confidence any and all information obtained in connection with the Tenant Review and shall not disclose such information to any person or entity other than to the management personnel, lawyers, accountants, assignees and/or subtenants of Tenant (subject to such parties' agreement to maintain such information confidential as set forth herein). Any Tenant Review shall take place in Landlord's office or at such other location in San Mateo or Los Angeles County as Landlord may require removal reasonably designate, and Landlord will provide Tenant with reasonable access to personnel as is reasonably necessary for the Tenant Review and reasonable use of such available office equipment, but may charge Tenant for telephone calls and photocopies at Landlord's actual cost. Tenant shall provide Landlord with not less than thirty (30) days' notice of its desire to conduct such Tenant Review. In connection with the foregoing review, Landlord shall furnish Tenant with such reasonable supporting documentation relating to the subject Statement as Tenant may reasonably request. In no event shall Tenant have the right to conduct such Tenant Review if Tenant is then in Default under the Lease with respect to any of Tenant's monetary obligations, including, without limitation, the payment by Tenant Additions containing Hazardous Material and of all Additional Rent amounts described in the Statement which is the subject of Tenant’s trade fixtures's Review, andwhich payment, subject to Section 6.03at Tenant's election, cabling and wiring installed for Tenant’s personal property or trade fixturesmay be made under dispute. In the event possession that following Tenant's Review, Tenant and Landlord continue to dispute the amounts of Additional Rent shown on Landlord's Statement and Landlord and Tenant are unable to resolve such dispute, then either Landlord or Tenant may submit the matter to arbitration pursuant to Article 22 of this Lease and the proper amount of the Premises is not delivered disputed items and/or categories of Direct Expenses to be shown on such Statement shall be determined by such proceeding producing an Arbitration Award (as defined in Article 22 below). The Arbitration Award shall be conclusive and binding upon both Landlord when required hereunderand Tenant. If the resolution of the parties' dispute with regard to the Additional Rent shown on the Statement or Supplemental Statement, pursuant to the Arbitration Award reveals an error in the calculation of Tenant's Share of Direct Expenses to be paid for such Expense Year, the parties' sole remedy shall be for the parties to make appropriate payments or reimbursements, as the case may be, to each other as are determined to be owing. Any such payments shall be made within thirty (30) days following the resolution of such dispute; provided that if Landlord fails to make such payment within such time period, Tenant may treat any overpayments resulting from the foregoing resolution of such parties' dispute as a credit against Rent until such amounts are otherwise paid by Landlord. Tenant shall fail be responsible for all costs and expenses associated with Tenant's Review, and Tenant shall be responsible for all reasonable audit fees of Tenant, as well as attorney's fees and related costs of both Landlord and Tenant relating to remove those items described abovean Arbitration Award (collectively, Landlord may (but shall not be obligated tothe "Costs"), at Tenant’s expense, remove any provided that if the parties' final resolution of the dispute involves the overstatement by Landlord of Direct Expenses for such property and store, sell or otherwise deal with such property as provided Expense Year in Section 11.02(bexcess of three percent (3%), including then Landlord shall be responsible for all Costs. Subject to the waiver and indemnity obligations provided in that Sectionterms of Section 4.6.2, and undertakebelow, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethis provision shall survive the termination of this Lease to allow the parties to enforce their respective rights hereunder.
Appears in 1 contract
Sources: Lease Agreement (Rovi Corp)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a broom clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions Alterations which at the time of their installation Landlord and Tenant agreed and may be removed by Tenant. Tenant shall also remove such other Tenant Additions Alterations as required by Landlord, including including, any Tenant Additions Alterations containing Hazardous MaterialMaterials. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant AdditionsAlterations, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors ▇▇▇ors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may may, (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Lease (Lightfirst Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions Alterations which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions Alterations as required by Landlord, including including, any Tenant Additions Alterations containing Hazardous MaterialMaterials. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant AdditionsAlterations, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may may, (but shall not be obligated to), ) at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding the foregoing, however, (i) Tenant shall only be required to remove those Tenant Alterations that Landlord requires in writing ("Removal Notice") be removed upon the termination of this Lease, which Removal Notice shall be given at the time Landlord approves the installation of such Tenant Alterations and only if Tenant provides Landlord with notice of any Tenant Alterations together with a request for a Removal Notice, and (ii) in no event shall Tenant be required to remove any Initial Improvements installed in connection with the work performed pursuant to Exhibit C attached hereto and made a part hereof.
Appears in 1 contract
Sources: Office Lease Agreement (Citadel Security Software Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall be entitled to remove from the Premises all movable personal property of Tenant Tenant, Tenant's trade fixtures and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including including, but not limited to, any Tenant Additions containing Hazardous MaterialMaterials. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested floors occasioned by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesAdditions. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)may, at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, therefrom without any liability to Landlord and undertake, at Tenant’s expense, 's expense such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Office Lease (Planvista Corp)
In General. Upon the Termination Date, Tenant shall surrender not make, or permit to be made, any alterations, removals, changes, enlargements, improvements or additions (collectively "Alterations") in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed) and vacate without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term "Alterations" as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit, outlets, drops, buss ▇▇▇ts, main and subpanels), air conditioning, and partitioning in the Premises immediately and deliver possession thereof to Landlord in a cleanmade by Tenant, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys regardless of how affixed to the Premises. Tenant shall remove from As a condition to the Premises all movable personal property giving of Tenant and Tenant’s trade fixturesits consent, includingLandlord may impose such reasonable requirements as Landlord reasonably may deem necessary, subject to Section 6.04including without limitation, cabling for any the manner in which the work is done; a right of approval of the foregoingcontractor by whom the work is to be performed; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord's actual costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord. Tenant shall be entitled give written notice to remove such Tenant Additions which at Landlord five (5) days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the time of their installation Landlord Premises, and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close made in accordance with applicable Laws and in a first-class workmanlike manner. In making any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablePremises.
Appears in 1 contract
Sources: Net Lease Agreement (Laserscope)
In General. Upon Except for minor or decorative alterations to the Termination Dateinterior of the Premises which (i) do not impair the structural integrity of the Building, (ii) do not adversely affect any of the building systems serving the Premises or Building, (iii) do not cost in excess of Fifty Thousand Dollars ($50,000.00) in the aggregate in any consecutive twelve (12) month period, and (iv) are not visible from the exterior of the Building (“Cosmetic Alterations”), Tenant shall surrender not make, or permit to be made, any alterations, removals, changes, enlargements, improvements or additions (collectively “Alterations”) in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed) and vacate without acquiring and complying with the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused conditions of all permits required for such Alterations by Landlord exceptedany governmental authority having jurisdiction thereof. Tenant shall deliver not be obligated to Landlord obtain Landlord’s prior written consent to any Cosmetic Alterations referred to above but such Cosmetic Alterations shall be subject to all keys the others terms and conditions of this Paragraph 13.1 and 13.2 below. The term “Alterations” as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit outlets, drops, ▇▇▇▇ ducts, main and subpanels), air conditioning and partitioning in the Premises made by Tenant regardless of how affixed to the Premises. As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord’s actual costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord’s consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall remove from the Premises all movable personal property of be made by Tenant and at Tenant’s trade fixturessole cost and expense, including, subject to Section 6.04, cabling for any in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord’s agents and other tenants of the foregoingProject the least interference and inconvenience practicable under the circumstances. Tenant shall be entitled give written notice to remove such Tenant Additions which at Landlord five (5) business days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the time of their installation Landlord Premises, and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations, including, without limitation, Cosmetic Alterations, to the Premises made by Tenant shall also be required to close or any staircases of its agents, employees, contractors, subcontractors or other openings between floorsrepresentatives shall be made in accordance with applicable Laws and in a first-class workmanlike manner. Notwithstanding In making any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of the Building or adversely affect any of such property the building systems serving the Building or Premises. Subject to compliance with applicable law, Landlord’s review and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver approval of plans and indemnity obligations provided in that Sectionspecifications therefor, and undertakethis Paragraph 13 of this Lease, Tenant may, at Tenant’s sole cost and expense, install in the Premises a security system, including access panels, readers and cameras in the Premises (“Tenant Security System”), provided such restoration work as system shall at all times be compatible with the fire/life/safety requirements and facilities of the Building, and provided further that such system shall permit Landlord deems to have access to the Premises at all times if necessary or advisabledue to an emergency.
Appears in 1 contract
Sources: Net Lease Agreement (Calix, Inc)
In General. Upon Except for painting the Termination Dateinterior walls of the Premises, re-carpeting of the carpeted areas of the Premises and minor or decorative alterations to the interior of the Premises which (i) do not impair the integrity of the Building Structure, (ii) do not adversely affect any of the Building Systems serving the Premises or Building, (iii) are not visible from outside of the Building (iv) do not cost in excess of One Hundred Thousand Dollars ($100,000.00) per improvement project or One Million Dollars ($1,000,000.00) during the Term of this Lease, as such Term may be extended and (v) are not Specialty Alterations as defined below (collectively, “Permitted Alterations”), Tenant shall surrender not make, or permit to be made, any alterations, removals, changes, enlargements, improvements or additions, including, without limitation, Specialty Alterations as defined below (collectively “Alterations”) in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed) and vacate without acquiring and complying with the Premises immediately and deliver possession thereof to conditions of all permits, if any, required for such Alterations by any governmental authority having jurisdiction thereof. Landlord acknowledges that Landlord will advise Tenant in a clean, good and tenantable condition, ordinary wear and tearwriting of (i) its grant or denial of consent for such Alterations, and (ii) whether Landlord will require Tenant to remove any such Alterations (as defined below) and repair any damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenantsuch removal, in each case within ten (10) business days after Landlord’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any receipt of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore written notice to Landlord requesting the Premises to a tenantable condition as reasonably determined by Landlordsame. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at At the time Tenant requests approval of Landlord’s consent to any Tenant Work or subsequent Tenant Alterations, Tenant shall request a decision from Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations in writing as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, to remove any such Alterations and repair any damage caused by such removal. If Landlord fails to respond with such ten (10) business day period, then Tenant may deliver a second written notice to Landlord containing the same request as provided above, which second notice shall contain the following provisions in bold, capitalized letters: “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS FOLLOWING YOUR RECEIPT OF THIS NOTICE, THEN YOU ARE DEEMED TO HAVE CONSENTED TO THE ALTERATIONS DESCRIBED IN THIS NOTICE AND TO HAVE AGREED THAT TENANT IS NOT REQUIRED TO REMOVE SUCH ALTERATIONS DESCRIBED IN THIS NOTICE AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.”. In such event of Landlord’s deemed consent, Tenant will not be required to remove at Lease Termination any such Alterations described in Tenant’s second notice to Landlord as provided above. For purposes of this Lease “Specialty Alterations” shall mean any of the following Alterations: (a) safes and vaults; (b) specialized flooring (including raised flooring) and/or labs; (c) conveyors and dumbwaiters; (d) any Alterations which (i) perforate a floor slab in the Premises or a wall that encloses/encapsulates the Building Structure, or (ii) involve material plumbing connections (such as kitchens and executive bathrooms outside of the Building core); (e) special security equipment, and (f) any other installations, additions, improvements or alterations not typically found in general use office space or requiring over-standard demolition or restoration costs for the removal or restoration thereof. Landlord acknowledges and agrees that the Initial Improvements will include raised flooring, slab penetrations, and lab improvements on the first floor Premises as shown on the plans attached hereto as Exhibit K attached hereto, and that such raised flooring, slab penetrations and lab improvements on the first floor of the Premises shall under no circumstances be considered Specialty Alterations, and that under no circumstances shall Tenant be required to remove any of such property raised flooring or lab improvements shown on Exhibit K attached hereto. Tenant shall not be obligated to obtain Landlord’s prior written consent to any Permitted Alterations referred to above, and storePermitted Alterations shall not be Specialty Alterations, sell but such Permitted Alterations shall be subject to all of the other terms and conditions of this Paragraph 13.1 and 13.2 below; it being understood and agreed that if Tenant does not request Landlord’s consent to any Permitted Alteration, then, not later than ninety (90) days prior to the expiration of the Lease Term, as the same may be extended, Landlord shall have the right to require Tenant to remove any such Permitted Alterations designated by Landlord for removal and, in such event, Tenant shall, at its sole cost and expense, prior to the expiration or otherwise deal with earlier termination of this Lease, remove from the Premises and Building such property Permitted Alteration(s) designated by Landlord for removal and repair any damage to the Premises and/or Building caused by such removal. The term “Alterations” as provided used in Section 11.02(bthis Paragraph 13 shall also include, without limitation, all heating, lighting, electrical (including all wiring, conduit outlets, drops, ▇▇▇▇ ducts, main and subpanels), air conditioning and partitioning installed or constructed in the Premises by Tenant regardless of how affixed to the Premises. As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the waiver manner in which the work is done; a reasonable right of approval of the contractor by whom the work is to be performed; the times during which the work is to be accomplished; the requirement that Tenant post a completion bond in an amount and indemnity obligations provided form reasonably satisfactory to Landlord for Alterations costing in excess of $500,000; and require that SectionTenant reimburse Landlord, as Additional Rent, for Landlord’s actual and reasonable costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord’s consent is granted, such reimbursement. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, in accordance with the plans and specifications, if any, approved by Landlord and in a manner causing Landlord and Landlord’s agents and other tenants of the Building the least interference and inconvenience practicable under the circumstances. Tenant shall give written notice to Landlord five (5) business days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, and undertakeprior to the commencement of any work of improvement on the Premises. Any Alterations, including, without limitation, Permitted Alterations, to the Premises made by Tenant or any of its agents, employees, contractors, subcontractors or other representatives shall be made in accordance with applicable Laws and in a first-class workmanlike manner. In making any such Alterations, Tenant shall, at Tenant’s sole cost and expense, such restoration work as file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the integrity of the Building Structure or adversely affect any of the Building Systems serving the Building or Premises, without the prior written consent of Landlord deems necessary (which consent may be give or advisablewithheld, in Landlord’s sole and absolute discretion). Landlord agrees not to charge any construction management or supervision fee for any Alterations, including those Alterations which would require Landlord’s consent pursuant to the terms above.
Appears in 1 contract
Sources: Lease Agreement (Rambus Inc)
In General. Upon Landlord will cause the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof existing Gen Probe sign to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove be removed from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any exterior of the foregoingBuilding, at no cost to Tenant, on or before the Lease Commencement Date. Subject to this Article 23, Tenant shall be entitled to remove such install, at its sole cost and expense, signage identifying Tenant’s name in the locations shown on Exhibit D attached hereto (collectively, the “Signage”). Notwithstanding the foregoing, Tenant Additions shall only be entitled to its prorata share of exterior building signage, based upon the rentable square footage of the Premises as compared to the rentable square footage of the Building. The graphics, materials, size, color, design, lettering, lighting (if any), specifications and exact location of the Signage (collectively, the “Signage Specifications”) shall be subject to the prior written approval of Landlord, which at approval shall not be unreasonably withheld. In addition, the time Signage and all Signage Specifications therefor shall be subject to Tenant’s receipt of their installation Landlord all required governmental permits and Tenant agreed may approvals, shall be removed by Tenantsubject to all applicable governmental laws and ordinances, and all covenants, conditions and restrictions affecting the Building. Tenant shall also remove such other Tenant Additions as required by Landlordhereby acknowledges that, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of notwithstanding Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of Signage and/or the foregoing, in any eventSignage Specifications therefor, Landlord may require removal has made no representations or warranty to Tenant with respect to the probability of any Tenant Additions containing Hazardous Material obtaining such approvals and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturespermits. In the event possession Tenant does not receive the necessary permits and approvals for the Signage, Tenant’s and Landlord’s rights and obligations under the remaining provisions of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but this Lease shall not be obligated to)affected. The cost of installation of the Signage, as well as all costs of design and construction of such Signage and all other costs associated with such Signage, including, without limitation, permits, maintenance and repair, shall be the sole responsibility of Tenant. The rights to the Signage shall be personal to the original Tenant and may not be transferred except to an Affiliated Assignee. Should the Signage require maintenance or repairs as determined in Landlord’s reasonable judgment, Landlord shall have the right to provide written notice thereof to Tenant and Tenant shall cause such repairs and/or maintenance to be performed within thirty (30) days after receipt of such notice from Landlord at Tenant’s sole cost and expense. Should Tenant fail to perform such maintenance and repairs within the period described in the immediately preceding sentence, Landlord shall have the right to cause such work to be performed and to charge Tenant, as Additional Rent, for the cost of such work. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant’s sole cost and expense, remove the Signage and repair any of damage caused by such property removal. If Tenant fails to remove such Signage and store, sell or otherwise deal with such property to restore the area upon which the Signage was located as provided in Section 11.02(b)the immediately preceding sentence within thirty (30) days following the expiration or early termination of this Lease, including the waiver and indemnity obligations provided in that Sectionthen Landlord may perform such work, and undertake, at all costs and expenses incurred by Landlord in so performing such work shall be reimbursed by Tenant to Landlord within ten (10) days after Tenant’s expense, such restoration work as Landlord deems necessary receipt of invoice therefor. The immediately preceding sentence shall survive the expiration or advisableearlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Genomatica Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, except for ordinary wear and tear, and damage caused by Landlord exceptedor by fire or other casualty (but such exception with respect to fire or other casualty shall not alter or derogate from Tenant's (a) obligations to remove any property of Tenant or improvements, whether damaged or not, (b) insurance obligations under Article Sixteen with respect to Tenant Additions or (c) obligations with respect to Tenant's Share of Operating Expenses). Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoingincluding equipment and office furniture. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions and restore the Premises as follows: (a) any Tenant Work, Tenant Alterations, trade fixtures or equipment containing Hazardous Materials; (b) Tenant's racking (but Tenant will not be required to remove bolts relating to the racking system so long as they are ground flush with the floor surface and any voids patched), Tenant's freezers and coolers, Tenant's swamp coolers and connections thereto, and any other installation which Tenant is required to remove pursuant to any other provision of the Lease (by Landlordway of example and not limitation, including the Standby Generator Installations as provided in Section 6.07 and the Propane Tank as provided in Section 6.08); (c) Landlord hereby reserves the right upon expiration or any earlier termination to require Tenant to remove the portion of the mezzanine which is not over the office area (as installed as part as part of the Landlord Work for Tenant's initial occupancy); and (d) any other Tenant Addition if at the time of Landlord's approval of such Tenant Addition, Landlord notifies Tenant that Landlord reserves the right to elect upon expiration or any earlier termination to require Tenant to remove it. Except as otherwise provided in the following sentences of this Section, Landlord shall not require Tenant to replace the existing slab which Tenant proposes to remove under the area in which Tenant seeks to install freezers and coolers, and will not require Tenant to remove the new slab and sub-slab support, insulation and plumbing under the freezers and coolers, which are to be installed by Tenant, so long as all such removal and installations are in accordance with plans and specifications approved by Landlord and Tenant as described in the Workletter. Notwithstanding Landlord's approval of the initial plans and specifications for the design and initial installation of any Tenant Additions containing Hazardous MaterialWork or Tenant Alterations, including the above-described flooring and sub-floor areas under the freezers and coolers, Tenant shall remain responsible to repair or replace any of such Tenant Work or Tenant Alterations (excluding any Tenant is required or permitted to remove) which on the Termination Date are defective or not in as good condition as, and matching with, other original components of the Building, ordinary wear and tear excepted. For such purposes, by way of example and not limitation, it is agreed that if upon the Termination Date, the new flooring under the freezers and coolers does not properly join to and match the original floor (in undamaged condition) with respect to flatness, fitness, hardness and floor-loading capacity, Tenant, at Tenant's expense, shall be obligated to repair or replace it, as appropriate. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any or to the condition of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition Premises prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesWork. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord reasonably deems necessary or advisable.
Appears in 1 contract
Sources: NNN Lease (United Natural Foods Inc)
In General. Upon the Termination Date, Tenant ▇▇▇▇▇▇ shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and teartear excepted, and any damage from casualty and condemnation, and damage caused by Landlord exceptedLandlord, shall be governed by the provisions of this Lease dealing specifically therewith. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous Material. Tenant immediately Alterations (collectively, “Leasehold Improvements”) shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore remain upon the Premises to a tenantable condition as reasonably determined by Landlord. If any at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition at least 30 days prior to the commencement Termination Date, may require Tenant, at its expense, to remove (a) any Cable, and (b) any Tenant Additions that, in Landlord’s reasonable judgment, are of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any a nature that would require removal and repair costs that are materially in excess of the foregoing removal and repair costs associated with standard laboratory and office improvements (collectively referred to the contraryas “Required Removables”). Required Removables may include, if so requested by Tenant in writing (without limitation, internal stairways, raised floors, personal baths and prominently in all capital showers, vaults, rolling file systems and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord structural alterations and modifications. The designated Required Removables shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from before the Premises; provided, however, regardless Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the foregoing, Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in any eventa timely manner, Landlord may require removal of any Tenant Additions containing Hazardous Material and all perform such work at Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesexpense. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.. Notwithstanding anything in this Section 12.1 to the contrary, failure by ▇▇▇▇▇▇ to strictly comply with the provisions of this Section 12.1 with respect to any Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises. 00056263.8 44
Appears in 1 contract
Sources: Office/Laboratory Lease (Ligand Pharmaceuticals Inc)
In General. Upon the Termination Date, Tenant ▇▇▇▇▇▇ shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and teartear excepted, and any damage from casualty and condemnation, and damage caused by Landlord exceptedLandlord, shall be governed by the provisions of this Lease dealing specifically therewith. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous Material. Tenant immediately Alterations (collectively, “Leasehold Improvements”) shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore remain upon the Premises to a tenantable condition as reasonably determined by Landlord. If any at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition at least 30 days prior to the commencement Termination Date, may require Tenant, at its expense, to remove (a) any Cable, and (b) any Tenant Additions that, in Landlord’s reasonable judgment, are of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any a nature that would require removal and repair costs that are materially in excess of the foregoing removal and repair costs associated with standard laboratory and office improvements (collectively referred to the contraryas “Required Removables”). Required Removables may include, if so requested by Tenant in writing (without limitation, internal stairways, raised floors, personal baths and prominently in all capital showers, vaults, rolling file systems and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord structural alterations and modifications. The designated Required Removables shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from before the Premises; provided, however, regardless Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the foregoing, Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in any eventa timely manner, Landlord may require removal of any Tenant Additions containing Hazardous Material and all perform such work at Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesexpense. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding anything in this Section 12.1 to the contrary, failure by ▇▇▇▇▇▇ to strictly comply with the provisions of this Section 12.1 with respect to any Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises.
Appears in 1 contract
Sources: Office/Laboratory Lease (Avista Public Acquisition Corp. II)
In General. Upon the Termination Date, Tenant shall surrender not make, or permit to be made, any alterations, removals, changes, enlargements, improvements or additions (collectively “Alterations”) in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed) and vacate without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. The term “Alterations” as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit, outlets, drops, b▇▇▇ ducts, main and subpanels), air conditioning, and partitioning in the Premises immediately and deliver possession thereof to Landlord in a cleanmade by Tenant, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys regardless of how affixed to the Premises. As a condition to the giving of its consent, Landlord may impose such reasonable requirements as Landlord reasonably may deem necessary, including without limitation, the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the requirement that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord’s actual costs for outside consultants incurred in reviewing any proposed Alteration, whether or not Landlord’s consent is granted. In the event Landlord consents to the making of any Alterations by Tenant, the same shall remove from the Premises all movable personal property of be made by Tenant and at Tenant’s trade fixturessole cost and expense, including, subject to Section 6.04, cabling for any of in accordance with the foregoingplans and specifications approved by Landlord. Tenant shall be entitled give written notice to remove such Tenant Additions which at Landlord five (5) days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the time of their installation Landlord Premises, and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall be made in accordance with applicable Laws and in a first-class workmanlike manner. Tenant shall also be required further agrees to close provide Landlord with updated CAD architectural drawings whenever any staircases or other openings between floorsAlterations are completed. Notwithstanding In making any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablePremises.
Appears in 1 contract
Sources: Net Lease Agreement (Laserscope)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. fixture& In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by casualty, condemnation or Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall be entitled to remove from the Premises Promises all movable personal property of Tenant Tenant, Tenant's trade fixtures and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions Alterations which at the time of their installation Landlord and Tenant agreed may be removed by TenantTenant or which may be otherwise removed pursuant to the provisions of this Lease. Tenant shall also remove such other Tenant Additions Alterations as required by Landlord, including including, but not limited to, any Tenant Additions Alterations containing Hazardous MaterialMaterials. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant AdditionsAlterations, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering towering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items item described above, Landlord may (but shall not be obligated to)may, at Tenant’s Tenants expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, therefrom without any liability to Landlord and undertake, at Tenant’s expense, 's expense such restoration work as Landlord deems necessary or advisablemy be required hereunder.
Appears in 1 contract
Sources: Office Lease (Americo Life Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.046.02, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.046.02, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing provision to the contrarycontrary contained herein, if so requested by Tenant in writing (and prominently in all capital and or bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work Alterations (or subsequent at the time of Tenant’s notice to Landlord with respect to those Tenant AlterationsAlterations not requiring Landlord’s approval) or Tenant Work, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work Alteration(s) (or reasonably promptly after Tenant’s inquiry with respect to those Tenant Alterations not requiring Landlord’s approval) or Tenant Alterations Work as to whether Landlord will require that such Tenant Work Alteration(s) or Tenant Alterations Work be removed by Tenant from the Premises; provided, provided however, regardless whether or not Landlord gives Tenant notice of required removal at the foregoingtime of approval, in any event, Landlord may require removal of any Tenant Additions Alterations or Tenant Work containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.036.04, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon Landlord and Tenant hereby acknowledge and agree that, upon Landlord’s delivery of the Termination DateGround Floor Premises, the Ground Floor Premises shall be in the Delivery Condition (including with respect to the construction of the Ground Floor Demising Walls), as required pursuant to the terms of the Lease. Notwithstanding the foregoing, Landlord and Tenant hereby further acknowledge and agree that (i) based upon Tenant’s request, following Landlord’s delivery of the Ground Floor Premises in the Delivery Condition as required by the Lease, Landlord shall install an operable partition (the “Operable Partition”) that separates the Ground Floor Premises from the tenant lounge (the “Common Area Tenant Lounge”) to be located in the Building’s ground floor Common Area (which Operable Partition shall be located as depicted on Exhibit A to this Fourth Amendment (the “Operable Partition Area”)), (ii) the Operable Partition shall replace a portion of the Ground Floor Demising Walls (i.e., in the Operable Partition Area), and (iii) all costs associated with the design, purchase, permitting and installation of the Operable Partition shall be paid for by Tenant. Within seven (7) business days following demand, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove select (from the manufacturer provided options) the finishes for the interior, Ground Floor Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any side of the foregoingOperable Partition. Tenant Landlord shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or perform the installation of specialized wall the Operable Partition in accordance with Applicable Laws sufficient that Tenant can obtain a certificate of occupancy, or floor coverings or lightsits legal equivalent, then Tenant for the Ground Floor Premises. As of the date hereof, (x) it is anticipated that the Operable Partition shall also be obligated include the items set forth on Exhibit B, attached hereto, and (y) as set forth on the contractor’s estimate attached hereto as Exhibit B, it is anticipated that the Operable Partition shall cost approximately $89,391.00 (the “Anticipated Cost”). The foregoing shall not serve to return such surfaces to their condition prior to limit the commencement scope of this Lease. Tenant shall also be work required to close any staircases construct the Operable Partition, nor Tenant’s obligation to pay for all costs associated therewith (whether greater or other openings between floors. Notwithstanding any of less than the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the PremisesAnticipated Cost); provided, however, regardless of that, within five (5) business days following request by Landlord, Tenant shall have the foregoingright to either approve or disapprove, in its reasonable discretion, any eventmaterial change in the scope of work or pricing set forth on Exhibit B, attached hereto; provided further that in the event that any approvals required by Landlord from Tenant are not received on or before March 15, 2020 (the “Cutoff Date”), Landlord may require removal shall have no obligation to install the Operable Partition, in which case (I) Tenant shall be responsible for any costs or expenses associated with the Operable Partition incurred by Landlord prior to the Cutoff Date, and (II) except as provided for in item (1), the terms of any this Section 2 and of Section 3, below, shall be void and of no further force or effect. Amounts due hereunder from Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, shall be paid for by Tenant within fifteen (15) days following demand by Landlord (subject to the terms of Section 6.032.2, cabling below), which shall be accompanied by reasonable back-up documentation showing the costs incurred (and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but acknowledges that Tenant shall not be obligated topermitted to utilize the Tenant Improvement Allowance for amounts due to Landlord hereunder), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Office Lease (ServiceTitan, Inc.)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall promptly repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In addition, Tenant shall not be required to remove any generic office improvements ( i.e. those office improvements which are suitable or customary for general office use in single floor premises). In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Office Lease (XOOM Corp)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable conditioncondition as existed on the Commencement Date, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous MaterialAlterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable, and (b) any Landlord Work or Tenant Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements, as applicable (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant’s removal and disposal of items pursuant to this Paragraph 12 must comply with the Project’s Sustainability Practices and the applicable Green Building Standards. Tenant immediately shall repair all damage resulting from caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Tenant Alteration, may request in writing that Landlord advise Tenant whether the proposed Tenant Alteration or any portion of the proposed Tenant Alteration is a Required Removable. Within 10 days after receipt of Tenant’s propertyrequest, furnishings, Tenant’s Personal Property or Landlord shall advise Tenant Additions, shall close all floor, ceiling and roof openings and shall restore in writing as to which portions of the Premises to a tenantable condition as reasonably determined by Landlordproposed Tenant Alterations are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Lease Agreement (Zogenix, Inc.)
In General. Upon Except for any initial tenant improvements, which said improvements shall be agreed upon by Landlord and Tenant prior to Lease Commencement, and the Termination Datenature of which and the manner whereby said improvements shall be implemented shall be attached hereto as Exhibit "D" once approved by Landlord, Tenant shall surrender not make, or permit to be made, any alterations, changes, enlargements, improvements or additions (collectively "Alterations") in, on, about or to the Premises, or any part thereof with a cost in excess of $50,000 without the prior written consent of Landlord and vacate without acquiring and complying with the conditions of all permits required for such Alterations by any applicable governmental authority. The term "Alterations" as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit, outlets, drops, ▇▇▇▇ ducts, main and subpanels), air conditioning, fixed wall partitioning in the Premises immediately made by Tenant, regardless of how affixed to the Premises and deliver possession thereof all previous alterations made by National Semiconductor. As a condition to the giving of its consent, Landlord may impose such requirements as Landlord may reasonably deem necessary, including without limitation, the manner in which the work is done; a cleanright of approval of the contractor by whom the work is to be performed; the requirement that Tenant post a completion bond in an amount and form satisfactory to Landlord; and the requirement that Tenant reimburse Landlord, good as Additional Rent, for Landlord's actual costs incurred in reviewing any proposed Alteration, whether or not Landlord's consent is granted. Additionally, with respect to any proposed Alteration by Tenant pursuant to this Paragraph, Tenant shall provide Landlord with any and tenantable conditionall relevant plans and documents regarding the proposed Alteration and manner of implementation, ordinary wear and tearas well as any applicable permits or approvals (or status of same), and damage caused Landlord shall have five (5) days to give its consent and any conditions thereon, or reasons for disapproval. In the event Landlord consents to the making of any Alterations by Landlord exceptedTenant, the same shall be made by Tenant at Tenant's sole cost and expense, in accordance with the plans and specifications approved by Landlord. Tenant shall deliver give written notice to Landlord all keys five (5) days prior to employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises. Tenant shall remove from the Premises all movable personal property of Tenant , and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close made in accordance with applicable Laws and in a first-class workmanlike manner. In making any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s 's sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablePremises.
Appears in 1 contract
Sources: Net Lease Agreement (Silicon Storage Technology Inc)
In General. Upon Except as specifically set forth in the Termination DateWork Letter and the Lease as amended by this Second Amendment, Tenant Landlord shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also not be obligated to return such surfaces to their condition prior provide or pay for any improvement work or services related to the commencement improvement of this Leasethe Substitute Premises, and Tenant shall accept the Substitute Premises in its presently existing, “as-is” condition. Tenant shall also be required acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Substitute Premises, the 3721 Building or the Project or with respect to close any staircases or other openings between floors. Notwithstanding the suitability of any of the foregoing for the conduct of Tenant's business, except 701285.05/WLA214064-00137/12-20-12/eg/eg ▇▇▇▇▇▇ CENTRE DEL MAR[Second Amendment/Substitute Premises Amendment][Volcano Corporation] as specifically set forth in the Lease (as amended) and the Work Letter. Notwithstanding any provision to the contrary, if so requested by Tenant contrary contained in writing the Lease (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterationsas amended), Landlord shall advise Tenant may, by written notice to Tenant, given at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as 's consent to whether Landlord will the particular Improvements, require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, to remove any of such property and store, sell or otherwise deal with such property as provided Improvements in Section 11.02(b), including the waiver and indemnity obligations provided in that SectionSubstitute Premises, and undertaketo repair any damage to the Substitute Premises and the 3721 Building caused by such removal and restore and patch the affected portions of the Substitute Premises to a building standard improved condition as determined by Landlord (i.e., clean up and paint the impacted areas without having to build-out brand new improvements for potential future tenants). With respect to the Substitute Premises, Tenant shall at Tenant’s expenseall times be permitted to remove any portable clean room(s) and any specialized equipment or specialized trade fixtures of Tenant (and not paid for my Landlord) in the Substitute Premises regardless of whether or not such items are attached to the Substitute Premises (provided Tenant will repair any damage caused by such removal, such restoration work and restore and patch the affected portions of the Substitute Premises to a building standard improved condition as determined by Landlord deems necessary or advisable(i.e., clean up and paint the impacted areas without having to build-out brand new improvements for potential future tenants)). Notwithstanding any provision to the contrary contained herein, Landlord and Tenant expressly acknowledge and agree that the provisions of the Work Letter attached to the Office Lease as Exhibit B shall be inapplicable with respect to the Substitute Premises, and that any and all references to the Improvement Allowance set forth in the Office Lease shall be inapplicable with respect to the Substitute Premises.
Appears in 1 contract
Sources: Office Lease (Volcano Corp)
In General. Effective on the Lease Commencement Date and throughout the Lease Term, Tenant shall be responsible for selecting (in its sole and absolute discretion), furnishing and paying, directly to the service provider, for all utilities servicing the Premises. Prior to or on the actual Lease Commencement Date, Landlord shall notify utility companies servicing the Premises and request that Landlord’s accounts be closed as of the Lease Commencement Date (“Account Closure Date”), and Landlord concurrently shall notify Tenant of the Account Closure Date. Tenant shall be responsible for contacting the service provider and having all utilities servicing the Building and Premises transferred into Tenant’s name prior to the Account Single Tenant/Single Parcel Initial: Closure Date in order to avoid the utilities to the Building and Premises being terminated. Tenant understands and acknowledges that Landlord shall not be liable to Tenant if the utilities to the Building and/or Premises are disconnected and/or terminated for any reason whatsoever, except in the event of a Landlord Parties’ intentional act to disrupt the source of utilities for Tenant’s use, in which event, Tenant shall have the right to ▇▇▇▇▇ Rent on the portion of the Building that is unusable until the utilities arc restored if Tenant reasonably determines that the interruption in utilities has substantially interfered with ▇▇▇▇▇▇’s use of the Premises and ▇▇▇▇▇▇’s conduct of business for more than ten (10) consecutive business days. Upon the Termination Lease Commencement Date, Tenant shall surrender pay promptly, as the same become due, all charges for water, gas, electricity, telephone, telex, fiber and vacate other electronic communication service, sewer service, waste pick-up and any other utilities, materials or services furnished directly to or used by Tenant on or about the Building and/or Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to during the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixturesLease Term, including, subject to Section 6.04without limitation, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property temporary or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases permanent utility surcharge or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work exactions whether or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablehereinafter imposed.
Appears in 1 contract
In General. Upon the Termination Date, Tenant ▇▇▇▇▇▇ shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and teartear excepted, with all trade fixtures, personal property and Required Removables (as defined below in this Section 12.1) removed therefrom, and any damage from casualty and condemnation, and damage caused by Landlord exceptedLandlord, shall be governed by the provisions of this Lease dealing specifically therewith. Tenant shall deliver to Landlord all keys to the Premises. All improvements in and to the Premises, including any Tenant Alterations (collectively, “Leasehold Improvements”) shall remove from remain upon the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any at the end of the foregoingTerm without compensation to Tenant. Landlord, however, by written notice to Tenant shall be entitled at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove such (a) any Cable, and (b) any Tenant Additions which that Landlord designated for removal at the time of their installation Landlord consent that, in Landlord’s reasonable judgment, are of a nature that would require removal and Tenant agreed repair costs that are materially in excess of the removal and repair costs associated with standard laboratory and office improvements (collectively referred to as “Required Removables”). Required Removables may be removed by Tenantinclude, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. Tenant In no event shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If Required Removables include any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant Landlord Work. The designated Required Removables shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from before the Premises; provided, however, regardless Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the foregoing, Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in any eventa timely manner, Landlord may require removal of any Tenant Additions containing Hazardous Material and all perform such work at Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesexpense. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if If Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding anything in this Section 12.1 to the contrary, failure by ▇▇▇▇▇▇ to strictly comply with the provisions of this Section 12.1 with respect to any trade fixtures, personal property or Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises.
Appears in 1 contract
In General. Upon If the Termination DateRent payable hereunder shall be overdue and unpaid or should Landlord make any payment on behalf of Tenant, or Tenant shall fail to perform any of the terms of this Lease, or upon any other Default of Tenant, then Landlord may, at its option and without notice or prejudice to any other remedy which Landlord may have on account thereof, appropriate and apply the entire Security Deposit or so much thereof as may be necessary to compensate Landlord for Tenant’s failure to pay Rent as and when due or other sums or loss or damage sustained by Landlord due to such breach by Tenant (including, without limitation, past due and thereafter due rent), and Tenant shall forthwith upon demand restore the Security Deposit to the amount stated in Section 1.1. Notwithstanding the foregoing, upon the application by Landlord of all or any portion of the Security Deposit (with or without notice thereof to Tenant) to compensate Landlord for a failure by Tenant to pay any Rent when due or to perform any other obligation hereunder, and until Tenant shall have restored the Security Deposit to the amount required by Section 1.1, Tenant shall be deemed to be in default in the payment of Additional Rent for purposes of Section 8.1(a) hereof. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code, or any successor statute, and all other provisions of law, now or hereafter in effect, which i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the premises, it being agreed that Landlord may, in addition, claim those sums specified in this Section above and/or those sums reasonably necessary to compensate Landlord for any loss or damage caused by Tenant’s default of this Lease, including, but not limited to, all damages or rent due upon termination of Lease pursuant to Section 1951.2 of the California Civil Code. So long as Tenant shall not be in default of its obligations under this Lease, Landlord shall return the Security Deposit, or so much thereof as shall have not theretofore been applied in accordance with the terms of this Section 4.8 (and less any amounts Landlord shall estimate shall be due from Tenant following year-end reconciliation of Insurance Costs and Taxes), to Tenant promptly following the expiration or earlier termination of the Term of this Lease and the surrender and vacate of possession of the Premises immediately and deliver possession thereof by Tenant to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to accordance with the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement terms of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of While Landlord holds the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant AlterationsSecurity Deposit, Landlord shall advise Tenant at have no obligation to pay interest on the time of same and shall have the right to commingle the same with L▇▇▇▇▇▇▇’s other funds. If Landlord conveys Landlord’s approval of interest under this Lease, the Security Deposit, or any part thereof not previously applied, shall be turned over by Landlord to Landlord’s grantee, and Tenant shall look solely to such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless grantee for proper application of the foregoing, Security Deposit in any event, Landlord may require removal accordance with the terms of any Tenant Additions containing Hazardous Material this Section 4.8 and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesthe return thereof in accordance herewith. In The holder of a mortgage on the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but Property shall not be obligated to)responsible to Tenant for the return or application of the Security Deposit, at Tenant’s expensewhether or not it succeeds to the position of Landlord hereunder, remove any of unless such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including holder actually receives the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisableSecurity Deposit.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed hereby acknowledge that the Data Room is currently occupied by Conexant Systems, Inc. (the “Existing Tenant”). Landlord and Tenant further acknowledge that the Existing Tenant’s lease of the Data Room expires on June 26, 2010 (the “Data Room Expiration Date”). Landlord shall use commercially reasonable efforts to deliver the Data Room to Tenant on or before the Commencement Date in an “as is”, broom clean condition. Tenant shall also remove such other Tenant Additions as required by hereby acknowledges that except for Landlord’s Contribution, including Landlord has no obligation to perform any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of work, supply any of materials, incur any expense or make any alterations or improvements to prepare the Data Room for Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlordoccupancy. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of In connection with the foregoing, in any eventLandlord shall, Landlord may require removal on or before May 26, 2010, deliver written notice to the Existing Tenant, which notice shall advise the Existing Tenant of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject its obligation to Section 6.03, cabling and wiring installed for Tenant’s personal property vacate the Data Room on or trade fixturesbefore the Data Room Expiration Date. In the event that the Existing Tenant fails to vacate the Data Room on or before the Data Room Expiration Date, then Landlord shall, following the Data Room Expiration Date, take all reasonable actions necessary, including the commencement of an unlawful detainer action, to force the Existing Tenant to vacate the Data Room. Notwithstanding any provision to the contrary set forth herein, if Landlord does not tender possession of the Premises is not delivered Data Room to Landlord when required hereunder, Tenant on or if Tenant shall fail to remove those items described abovebefore the Commencement Date, Landlord may (but shall not be obligated to)liable for any damage thereby, at this Lease shall not be void or voidable thereby, and Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablehereunder shall not be affected.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall be entitled to remove from the Premises all movable personal property of Tenant and Tenant, Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove fixtures and such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including including, but not limited to, any Tenant Additions containing Hazardous MaterialMaterials; provided, that other than with respect to Tenant Additions containing Hazardous Materials or consisting of cabling and wiring in the plenum or outside of the Premises, Landlord shall not require Tenant to remove other Tenant Additions except those upon which Landlord’s consent pursuant to Article Nine above was conditioned upon such removal. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If Notwithstanding the foregoing provisions hereof to the contrary, (i) if any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Lease and Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding , and (ii) except for such items as may contain Hazardous Materials and except for the raised flooring in the existing computer room in the Premises which Tenant shall remove from the Premises upon the Termination Date, Tenant shall not be required under this Section 12.01 to remove any of the foregoing to the contrary, if so requested by Tenant other now existing improvements located in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)may, at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, therefrom without any liability to Landlord and undertake, at Tenant’s expense, expense such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, excepting ordinary wear and tear, and damage caused by Landlord exceptedLandlord. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, fixtures and cabling for any installed by or on behalf of the foregoingTenant. Tenant shall be entitled to remove such Tenant Additions Alterations, which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions Alterations as required by Landlord, including any Tenant Additions Alterations containing Hazardous MaterialMaterials. Tenant immediately shall pay any costs Landlord incurs to: (a) repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall Alterations; (b) close all floor, ceiling and roof openings caused by such removal; and shall (c) restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated liable for the cost to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b11.2(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous MaterialAlterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Tenant Alterations made by Tenant (and specifically excluding the Landlord Work) that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”), Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant immediately shall repair all damage resulting from caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Tenant Alteration, may request in writing that Landlord advise Tenant whether the proposed Tenant Alteration or any portion of the proposed Tenant Alteration is a Required Removable. Within 10 days after receipt of Tenant’s propertyrequest, furnishings, Tenant’s Personal Property or Landlord shall advise Tenant Additions, shall close all floor, ceiling and roof openings and shall restore in writing as to which portions of the Premises to a tenantable condition as reasonably determined by Landlordproposed Tenant Alterations are Required Removables. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Sublease (Berkeley Lights, Inc.)
In General. Upon the Termination Date, Tenant shall surrender and vacate The Lessee may undertake Improvements to the Premises immediately only with the Lessor’s prior written approval and deliver possession thereof to Landlord only at the Lessee’s sole expense. Guidance on the Lessor’s approval process is presented in the Partners Design & Construction Handbook. The handbook is available upon request The Lessee must undertake and complete all Improvements in strict accordance with all Applicable Laws and approved Construction Documents, and must ensure that all work is performed in a clean, good and tenantable conditionworkmanlike manner and with materials of at least the quality and standard of materials used in comparable facilities in the locale of the Park Area. To ensure compliance with this requirement, ordinary wear the Lessee must designate a construction manager who will be the Lessor’s principal point of contact for the project and tearwho must be physically present at the work site or readily available during all ongoing work. The Lessee must, and damage caused by Landlord exceptedupon request, furnish the Lessor a copy of any contract with the Lessee’s general contractor, architects, engineers or consultants. Tenant shall deliver The Lessor may restrict access to Landlord or close part or all keys to the Premises. Tenant shall remove from of the Premises all movable personal property during the construction of Tenant and Tenant’s trade fixturesImprovements if the Lessor determines that doing so is necessary to protect public health or safety or Park Area resources. Upon completion of construction, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord Lessor may require removal the Lessee to provide a code assessment completed by an architect licensed in the State of any Tenant Additions containing Hazardous Material and all TenantNew York, certifying the construction was completed in accordance with requirements. Improvements made by the Lessee without the Lessor’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesprior written approval as described in this section are prohibited. In the event possession of any non-compliant Improvements are made by the Premises is not delivered to Landlord when required hereunderLessee, or if Tenant shall fail the Lessor may terminate this Lease for default and require the Lessee to remove those items described abovethe non-compliant Improvements and restore the area or location where the non-compliance Improvements were made to the Lessor’s satisfaction and at the Lessee’s sole expense. The Lessee’s costs for non-compliant Improvements are not eligible for Rent Offset. If the Lessee fails to remedy the non-compliant Improvements and any resulting construction damage, Landlord the Lessor may terminate this Lease for default in accordance with the terms of this Lease and/or collect Additional Rent in the amount of one thousand dollars (but shall $1,000) per violation per day. Proposed improvements to the Driving Range and related facilities will only be permitted above slab or grade level. Ground penetration will not be obligated to), at Tenant’s expense, remove authorized as part of any of such property and store, sell proposals to improve or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablerepair.
Appears in 1 contract
Sources: Lease Agreement
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a as clean, good and tenantable conditioncondition as existed at the Rent Commencement Date, ordinary wear and teartear excepted, and any damage from casualty and condemnation, and damage caused by Landlord exceptedLandlord, shall be governed by the provisions of this Lease dealing specifically therewith. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous Material. Tenant immediately Alterations (collectively, “Leasehold Improvements”) shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore remain upon the Premises to a tenantable condition as reasonably determined by Landlord. If any at the end of the Term without compensation to Tenant, except for autoclaves and other specialized fixtures which Tenant may remove as such specialized fixtures may be mutually agreed between the parties from time to time. Landlord, however, by written notice to Tenant, may require Tenant, at its expense, to remove any Tenant Additions which were installed by Tenant involved that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the lowering of ceilingsremoval and repair costs associated with standard laboratory and office improvements, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior but only to the commencement extent that (a) Landlord notified Tenant of this Leasesuch required removal at the time Landlord approved such Tenant Work or Alteration (collectively referred to as “Required Removables”), and (b) Landlord acted reasonably in requiring such removal. Tenant shall also not be required to close remove any staircases Tenant Additions not identified as Required Removables and shall not be required to remove any Cables or other openings between cabling. Required Removables may include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. Notwithstanding any of the foregoing to the contrary, if so requested The designated Required Removables shall be removed by Tenant in writing (before the Termination Date. Tenant’s removal and prominently in all capital and bold lettering which also states that such request is disposal of items pursuant to this Section 12.01 12.1 must comply with the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of the Lease) Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Landlord shall advise Tenant in writing, at the time Tenant requests approval of for any Tenant Work proposed Alteration, whether such Alteration or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval any portion of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesAlteration is a Required Removable. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding anything in this Section 12.1 to the contrary, failure by Tenant to strictly comply with the provisions of this Section 12.1 with respect to any Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixturesPersonal Property, including, subject to Section 6.04, cabling for any of the foregoing; however, Tenant shall not be entitled to remove any of Tenant’s Improvements. Additionally, Tenant shall be entitled to remove all such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. In addition, Tenant shall, if requested by Landlord prior to the Termination Date, remove the 125 KVA ONAN emergency generator and the 2 door Hazardous Material Container listed forth on Exhibit E attached hereto. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Lease Agreement (Maxygen Inc)
In General. Upon Any alterations, additions, deletions, modifications or utility installations in, of or to the Termination Date, Tenant shall surrender and vacate improvements contained within the Premises immediately (collectively, "ALTERATIONS") shall be installed at Tenant's expense and deliver possession thereof to Landlord only in a cleanaccordance with detailed plans and specifications, good and tenantable conditionconstruction methods, ordinary wear and tearand, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises extent applicable, all movable personal property appropriate permits and licenses, all of Tenant which have been previously submitted to and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required approved in writing by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings by a professionally qualified and shall restore the Premises to a tenantable condition as licensed contractor and subcontractors reasonably determined approved by Landlord. If No Alterations in or to the Premises may be made without (a) Landlord's prior written consent, which shall not be unreasonably withheld, and (b) compliance with such reasonable, nondiscriminatory requirements and construction regulations concerning such Alterations as Landlord may impose from time to time. Landlord shall not unreasonably withhold its consent with respect to proposed Alterations (and shall grant or deny such consent within twenty (20) business days following Landlord's receipt of Tenant's request therefor [together with all relevant information required by Landlord with respect to such Alterations], stating detailed reasons for denial, if applicable). Landlord will not be deemed to unreasonably withhold its consent to any Alteration that violates Regulations, may materially, adversely affect or be incompatible with the Building's structure or its HVAC, plumbing, telecommunications, elevator, life-safety, electrical, mechanical or other basic systems, or the appearance of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors interior common areas or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any exterior of the foregoing to Project, or which may unreasonably interfere with the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 use or occupancy of any other portion of the LeaseProject. All Alterations made in or upon the Premises shall, (i) at the time Tenant requests approval of any Tenant Work or subsequent Tenant AlterationsLandlord's option, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations either be removed by Tenant from prior to the end of the Term (and Tenant shall restore the portion of the Premises affected to its condition existing immediately prior to such Alteration), or shall remain on the Premises at the end of the Term (provided that in the event that Tenant's request for approval of any Alterations shall request a designation pursuant to this item (i), Landlord shall indicate in its approval (if applicable) of the applicable Alteration whether or not the same shall be required to be removed prior to the expiation of the Term in accordance with the terms hereof), and (ii) be constructed, maintained, insured and used by Tenant, at its risk and expense, in a good and workmanlike manner, and in accordance with all Regulations. Tenant shall reimburse Landlord for all actual, out-of-pocket costs which Landlord may incur in connection with granting approval to Tenant for any such Alterations, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications, and shall pay Landlord an administration fee of seven and one half percent (7.5%) of the cost of the Alterations as additional rent hereunder (provided that such administration fee shall be reduced to 5% in connection with any cosmetic Alterations which do not require Landlord's consent pursuant to Paragraph 7.1.2, below). If any Alteration made or initiated by Tenant or the removal thereof shall cause, trigger or result in any portion of the Project outside of the Premises; , any portion of the Building's shell and core improvements (including restrooms, if any) within the Premises, or any Building system inside or outside of the Premises being required by any governmental authority to be altered, improved or removed, or may otherwise potentially affect such portions of the Project or any other tenants of the Project, Landlord shall have the option (but not the obligation) of performing the same at Tenant's expense, in which case Tenant shall pay to Landlord (within thirty (30) days of Landlord's written demand) in advance Landlord's reasonable estimate of the cost of such work, and any actual costs of such work in excess of Landlord's estimate, plus an administrative charge of ten percent (10%) thereof. At least ten (10) days before beginning construction of any Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a notice of non-responsibility. Upon substantial completion of construction, if the law so provides, Tenant shall cause a timely notice of completion to be recorded in the office of the recorder of the county in which the Building is located. In the event Tenant fails to so record the notice of completion as required pursuant to this Paragraph 7.1, then such failure shall not, in and of itself, constitute a default hereunder but Tenant shall indemnify, defend, protect and hold harmless Landlord and the Landlord Parties from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys' fees) in connection with such failure by Tenant to so record the Notice of Completion as required hereunder. Tenant shall have the right to use non-union contractors to perform all or a portion of the Alterations, but only to the extent (A) Tenant provides Landlord with prior written notice of its request to hire a non-union contractor, and (B) hiring non-union contractors does not violate any contracts to which Landlord is a party;. provided, however, regardless of the foregoingif Tenant chooses to use nonunion labor and, in any eventLandlord's reasonable opinion, Landlord may require removal of any labor harmony with the workforce or trades engaged in performing the work, labor or services in or about the Project is disturbed, then, following written notice received by Tenant Additions containing Hazardous Material and all Tenant’s trade fixturesfrom Landlord, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that SectionI) immediately cease using all nonunion labor, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable(II) hire only union labor.
Appears in 1 contract
Sources: Office Lease (L90 Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord, casualty damage and Tenant Alterations which Landlord states may be surrendered at the termination of the Lease excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.046.4, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions Additions, which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions Alterations as required by LandlordLandlord at the time Landlord consented to the Tenant Alterations, including any Tenant Additions Alterations containing Hazardous MaterialMaterials. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant AdditionsAlterations, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b11.2(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions Alterations which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions Alterations as required by Landlord, including including, any Tenant Additions Alterations containing Hazardous MaterialMaterials. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant AdditionsAlterations, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may may, (but shall not be obligated to), ) at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable. Notwithstanding the foregoing, however, (i) Tenant shall only be required to remove those Tenant Alterations that Landlord requires in writing (“Removal Notice”) be removed upon the termination of this Lease, which Removal Notice shall be given at the time Landlord approves the installation of such Tenant Alterations and only if Tenant provides Landlord with notice of any Tenant Alterations together with a request for a. Removal Notice, and (ii) in no event shall Tenant be required to remove any Initial Improvements installed in connection with the work performed pursuant to Exhibit C attached hereto and made a part hereof.
Appears in 1 contract
Sources: Office Lease Agreement (E2open Inc)
In General. Upon In the Termination Dateevent that Tenant disputes the amount of Additional Rent set forth in any annual Statement or Supplemental Statement delivered by Landlord, then subject to the terms of Section 4.6.2, below, Tenant shall surrender have the right to cause an independent certified public accountant (which accountant is a member of an accounting firm and vacate is working on a non-contingency fee basis) (“Tenant’s Auditor”), to inspect, copy, review and audit Landlord’s accounting records for the Premises immediately and deliver possession thereof Expense Year covered by such Statement or Supplemental Statement during normal business hours (“Tenant Review”). As a condition precedent to Landlord in a cleanany such inspection, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and cause such Tenant’s trade fixtures, including, subject Auditor to Section 6.04, cabling for any of follow Landlord’s reasonable rules and regulations relating to such inspection that do not adversely affect the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any ability of Tenant’s propertyAuditor to perform the audit in a reasonable manner, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoingand, in any event, Tenant and the Tenant’s Auditor shall maintain in strict confidence any and all information obtained in connection with the Tenant Review and shall not disclose such information to any person or entity other than to the management personnel, lawyers, accountants, assignees and/or subtenants of Tenant (subject to such parties’ agreement to maintain such information confidential as set forth herein). Any Tenant Review shall take place in Landlord’s office at the Project or at such other location in Los Angeles County as Landlord may require removal reasonably designate, and Landlord will provide Tenant with reasonable access to personnel as is reasonably necessary for the Tenant Review, reasonable accommodations for such Tenant Review and reasonable use of such available office equipment, but may charge Tenant for telephone calls and photocopies at Landlord’s actual cost. Tenant shall provide Landlord with not less than thirty (30) days’ notice of its desire to conduct such Tenant Review. In connection with the foregoing review, Landlord shall furnish Tenant with such reasonable supporting documentation relating to the subject Statement or Supplemental Statement as Tenant may reasonably request, including any previous audit conducted by Landlord with respect to the Expense Year in question. In no event shall Tenant Additions containing Hazardous Material and all have the right to conduct such Tenant Review if Tenant is then in default under the Lease with respect to any of Tenant’s trade fixturesmonetary obligations, andincluding, without limitation, the payment by Tenant of all Additional Rent amounts described in the Statement or Supplemental Statement which is the subject to Section 6.03, cabling and wiring installed for of Tenant’s personal property or trade fixturesReview, which payment, at Tenant’s election, may be made under dispute. In the event possession that following Tenant’s Review, Tenant and Landlord continue to dispute the amounts of Additional Rent shown on Landlord’s Statement or Supplemental Statement and Landlord and Tenant are unable to resolve such dispute, then either Landlord or Tenant may submit the matter to arbitration pursuant to Section 26.37 of this Lease and the proper amount of the Premises is not delivered disputed items and/or categories of Direct Expenses to be shown on such Statement or Supplemental Statement shall be determined by such proceeding producing an Arbitration Award (as defined in Section 26.37.3.2 below). The Arbitration Award shall be conclusive and binding upon both Landlord when required hereunderand Tenant. If the resolution of the parties’ dispute with regard to the Additional Rent shown on the Statement or Supplemental Statement, pursuant to the Arbitration Award reveals an error in the calculation of Tenant’s Share of Direct Expenses to be paid for such Expense Year, the parties’ sole remedy shall be for the parties to make appropriate payments or reimbursements, as the case may be, to each other as are determined to be owing. Any such payments shall be made within thirty (30) days following the resolution of such dispute; provided that if Landlord fails to make such payment within such time period, Tenant may treat any overpayments resulting from the foregoing resolution of such parties’ dispute as a credit against Rent until such amounts are otherwise paid by Landlord. Tenant shall fail be responsible for all costs and expenses associated with Tenant’s Review, and Tenant shall be responsible for all reasonable audit fees of Tenant, as well as attorney’s fees and related costs of both Landlord and Tenant relating to remove those items described abovean Arbitration Award (collectively, Landlord may (but shall not be obligated tothe “Costs”), at Tenant’s expense, remove any provided that if the parties’ final resolution of the dispute involves the overstatement by Landlord of Direct Expenses for such property and store, sell or otherwise deal with such property as provided Expense Year in Section 11.02(bexcess of [***] percent ([***]%), including then Landlord shall be responsible for all Costs. Subject to the waiver and indemnity obligations provided in that Sectionterms of Section 4.6.2, and undertakebelow, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablethis provision shall survive the termination of this Lease to allow the parties to enforce their respective rights hereunder.
Appears in 1 contract
Sources: Office Lease (GoodRx Holdings, Inc.)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous MaterialAlterations (collectively, "Leasehold Improvements") shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable installed by or for the benefit of Tenant, and (b) any Tenant Alterations that, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant immediately shall repair all damage resulting from caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant's expense. Tenant, at the time it requests approval for a proposed Tenant Alteration, may request in writing that Landlord advise Tenant whether the Tenant Alteration or any portion of the Alteration is a Required Removable. Within 10 days after receipt of Tenant’s property's request, furnishings, Tenant’s Personal Property or Landlord shall advise Tenant Additions, shall close all floor, ceiling and roof openings and shall restore in writing as to which portions of the Premises to a tenantable condition as reasonably determined by LandlordTenant Alteration are Required Removables. If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Office Lease (Zogenix Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, clean and good and tenantable condition, ordinary wear and tear, and damage caused by Landlord or casualty (subject to Tenant's obligations pursuant to Article Sixteen) excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions remove, as required by Landlord, including :
(a) any Tenant Additions Alterations containing Hazardous Material, if any, and (b) any other Tenant Alterations except for those Landlord approves without contemporaneous notice to Tenant identifying which, if any, such improvements must be removed. Provided however, Landlord shall be required at the time of approval to so notify Tenant immediately that removal is required only if at the time Tenant requests such approval, Tenant's request also specifies in all capital letters that Landlord must identify any Tenant Alterations which Landlord will require Tenant to remove and refers to this Section of the Lease, and if Tenant fails to so specify, then Landlord has the right to require removal by Tenant on or about the Termination Date. Provided, however, regardless of whether or not Landlord gives Tenant notice of required removal at the time of approval, in any event (i) Tenant shall repair all damage resulting from removal of any of Tenant’s 's property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, ; (ii) Tenant shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined created by Landlord. If Tenant; (iii) if any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. , and (iv) Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested floors created by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Lease Agreement (Phone Com Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, except for ordinary wear and tear, and damage caused by Landlord exceptedor by fire or other casualty (but such exception with respect to fire or other casualty shall not alter or derogate from Tenant's (a) obligations to remove any property of Tenant or improvements, whether damaged or not, (b) insurance obligations under Article Sixteen with respect to Tenant Additions or (c) obligations with respect to Tenant's Share of Operating Expenses). Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoingincluding equipment and office furniture. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If follows:
(a) any of the Tenant Additions which were installed by Work, Tenant involved the lowering of ceilingsAlterations, raising of floors trade fixtures or the installation of specialized wall or floor coverings or lights, then equipment containing Hazardous Materials; (b) Tenant's racking (but Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also will not be required to close remove bolts relating to the racking system so long as they are ground flush with the floor surface and any staircases or voids patched), Tenant's freezers and coolers, Tenant's swamp coolers and connections thereto, and any other openings between floors. Notwithstanding installation which Tenant is required to remove pursuant to any other provision of the foregoing to Lease (by way of example and not limitation, including the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property Standby Generator Installations as provided in Section 11.02(b), including 6.07 and the waiver and indemnity obligations Propane Tank as provided in that Section, and undertake, at Section 6.08); (c) Landlord hereby reserves the right upon expiration or any earlier termination to require Tenant to remove the portion of the mezzanine which is not over the office area (as installed as part as part of the Landlord Work for Tenant’s expense, such restoration work as Landlord deems necessary or advisable.'s initial occupancy); and
Appears in 1 contract
Sources: NNN Lease (United Natural Foods Inc)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, except for ordinary wear and tear, damage from a casualty resulting in termination of this Lease, and damage caused the presence of Hazardous Materials not released by Landlord exceptedTenant or Tenant Parties. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.046.03, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions Alterations which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as Alterations reasonably required by LandlordLandlord to be removed (other than Tenant Work, excluding the removal of storefront glass, described in Schedule 1 to Exhibit B, which may be surrendered), including any Tenant Additions Alterations containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant AdditionsAlterations, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined caused by LandlordTenant (if any). If any of the Tenant Additions Alterations which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lightslights (other than Tenant Work, excluding the removal of storefront glass, described in Schedule 1 to Exhibit B, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floorsfloors created by Tenant (if any). Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will reasonably require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions Alterations containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, and cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good condition and tenantable conditionrepair, ordinary wear and tear, casualty damage, condemnation, Landlord’s repair obligations and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Except as otherwise set forth in this Section 12.1 or pursuant to written notice from Landlord to Tenant pursuant to Section 9.1(a)(1) of this Lease, all Tenant Alterations shall remain upon the Premises at the end of the Term without compensation to Tenant. Without limitation of the foregoing, Tenant shall have no obligation to remove any Decoration Work installed by or for Tenant. Landlord, however, may require Tenant, at its expense, (a) by written notice to Tenant at least 30 days prior to the Termination Date, to remove any Cable installed by or for the benefit of Tenant, and (b) pursuant to Section 9.1(a)(1), to remove any Tenant Alterations made subsequent to the Tenant Improvements that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office and lab improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. Landlord’s failure to designate any Tenant Alteration as a Required Removable at the time of Landlord’s approval pursuant to Section 9.1(a) shall be deemed Landlord’s confirmation that such Tenant Alteration is not a Required Removable. The designated Required Removables shall be removed by Tenant by the Termination Date. Tenant shall repair damage caused by the removal of Required Removables. Upon the Termination Date, Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, includingequipment, subject inventory and personal property from the Premises. With respect to Section 6.04the Tenant Improvements, cabling for any by no later than the Termination Date, Tenant shall remove those components of the foregoingTenant Improvements that have been specifically and reasonably designated for removal by Landlord based on Landlord’s review of the final Construction Drawings (as such term is defined in the Workletter) (collectively referred to as the “Pilot Plant Removables”). Within ten (10) days after Landlord’s receipt of the final Construction Drawings, Landlord shall deliver the list of Pilot Plant Removables to Tenant. Landlord’s failure to deliver the list of Pilot Plant Removables within such ten (10)-day period shall be deemed Landlord’s acknowledgment that there are no Pilot Plant Removables. If Landlord delivers such list, Landlord and Tenant shall promptly thereafter enter into an amendment to this Lease attaching the list of Pilot Plant Removables. Tenant shall be entitled repair any damage caused by the removal of the Pilot Plant Removables. Notwithstanding anything to the contrary in this Section 12.1, Tenant shall have no obligation to remove any component of the Tenant Improvements other than the Pilot Plant Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such Tenant Additions which work at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlordexpense. If any of the Tenant Additions Alterations which were installed by Tenant subsequent to the Tenant Improvements involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then then, unless otherwise approved by Landlord in writing, Tenant shall also be obligated to return such surfaces to their condition prior to the commencement installation of this Leasesuch Tenant Alterations. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender not make, or permit to be made, any alterations, removals, changes, enlargements, improvements or additions (collectively “Alterations”) in, on, about or to the Premises, or any part thereof, including Alterations required pursuant to Paragraph 6.2, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed) and vacate without acquiring and complying with the conditions of all permits required for such Alterations by any governmental authority having jurisdiction thereof. Landlord hereby consents to Tenant making the Alterations shown on the demo floor plan and floor plan attached hereto as Exhibit C, provided Tenant complies with all the other provisions of Paragraph 13 and 17 with respect to such Alterations. The term “Alterations” as used in this Paragraph 13 shall also include all heating, lighting, electrical (including all wiring, conduit outlets, drops, ▇▇▇▇ ducts, main and subpanels), air conditioning and partitioning in the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused made by Landlord excepted. Tenant shall deliver to Landlord all keys regardless of how affixed to the Premises. Tenant shall remove from As a condition to the Premises all movable personal property giving of Tenant and Tenant’s trade fixturesits consent, includingLandlord may impose such reasonable requirements as Landlord reasonably may deem necessary, subject to Section 6.04including without limitation, cabling for any the manner in which the work is done; a right of approval of the foregoingcontractor (not to be unreasonably withheld, delayed or conditioned) by whom the work is to be performed (it being agreed that Tenant may use non-union labor); the times during which the work is to be accomplished; and the requirement that Tenant reimburse Landlord, as Additional Rent, for Landlord’s actual costs for outside consultants incurred in reviewing any proposed Alteration (other than with respect to the Initial Tenant Improvements referred to in Section 2.3 below), whether or not Landlord’s consent is granted. Tenant No completion bond shall be entitled required to remove such be posted by Tenant Additions which at with respect to any Alteration unless the time estimated cost of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal the Alterations comprising a work of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition improvement (as reasonably determined by Landlord) is greater than Five Hundred Thousand Dollars ($500,000.00), in which event Landlord reserves the right to require that Tenant post a completion bond in an amount and form reasonably satisfactory to Landlord. If In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, substantially in accordance with the plans and specifications approved by Landlord and in a manner causing Landlord and Landlord’s agents and other tenants of the Tenant Additions which were installed by Tenant involved Building the lowering of ceilings, raising of floors or least interference and inconvenience practicable under the installation of specialized wall or floor coverings or lights, then circumstances. Tenant shall also be obligated give written notice to return such surfaces Landlord five (5) days prior to their condition employing any laborer or contractor to perform services related to, or receiving materials for use upon the Premises, and prior to the commencement of this Leaseany work of improvement on the Premises. Any Alterations to the Premises made by Tenant shall also be required to close made in accordance with applicable Laws and in a first-class workmanlike manner. In making any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to)shall, at Tenant’s sole cost and expense, remove file for and secure and comply with any and all permits or approvals required by any governmental departments or authorities having jurisdiction thereof and any utility company having an interest therein. In no event shall Tenant make any structural changes to the Premises without Landlord’s prior written consent (which may be given or withheld in Landlord’s sole and absolute discretion) or make any changes to the Premises which would weaken or impair the structural integrity of the Building or adversely affect any of such property and store, sell the building systems serving the Building or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisablePremises.
Appears in 1 contract
Sources: Net Lease Agreement (Proteinsimple)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and ‘shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work (or any changes thereto) or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work (or any changes thereto) or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove the Restroom Work at the expiration or earlier termination of this Lease. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord or by casualty or condemnation excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s 's trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions remove, as required by Landlord, including : (a) any existing improvements in the Initial Premises or any Tenant Additions Alterations hereafter containing Hazardous Material, if any, and (b) any other Tenant Alterations hereafter except for those Landlord approves without notice to Tenant identifying which, if any, such improvements must be removed. Provided however, Landlord shall be required at the time of approval to so notify Tenant immediately shall repair all damage resulting from that removal of any of Tenant’s propertyis required only if, furnishingsat the time Tenant requests such approval, Tenant’s Personal Property 's request also specifies in all capital letters that Landlord must identify any Tenant Alterations which Landlord will require Tenant to remove and refers to this Section of the Lease, and if Tenant fails to so specify, then Landlord has the right to require removal on or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore about the Premises to a tenantable condition as reasonably determined by LandlordTermination Date. If Notwithstanding the foregoing: (i) if any of the existing improvements in the Initial Premises or Tenant Additions hereafter which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Lease and (ii) Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing floors now existing or hereafter consented to the contrary, if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s 's expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s 's expense, such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
Sources: Office Lease (Calico Commerce Inc/)
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable condition, ordinary wear and tear, and damage caused by Landlord excepted. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.046.03, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by Landlord, including any Tenant Additions containing Hazardous Material. Tenant immediately shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property furnishings or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore the Premises to a tenantable condition as reasonably determined by Landlord. If any of the Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any of the foregoing to the contrary, (i) Tenant shall not be required to remove the initial Tenant Work (provided that it is substantially consistent with the Alia Test Fit Plan dated January 4, 2013 prepared by WHL Architects*Planners, Inc.), and (ii) if so requested by Tenant in writing (and prominently in all capital and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from the Premises; provided, however, regardless of the foregoing, in any event, Landlord may require removal of any Tenant Additions Work or Tenant Alterations containing Hazardous Material and all Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixtures. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described above, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Section, and undertake, at Tenant’s expense, expense such restoration work as Landlord deems necessary or advisable.
Appears in 1 contract
In General. Upon the Termination Date, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good and tenantable conditionthe same condition as on the Commencement Date, ordinary wear and tear, casualty and condemnation excepted, and any damage from casualty and condemnation, and damage caused by Landlord exceptedLandlord, shall be governed by the provisions of this Lease dealing specifically therewith. Tenant shall deliver to Landlord all keys to the Premises. Tenant shall remove from All improvements in and to the Premises all movable personal property of Tenant and Tenant’s trade fixtures, including, subject to Section 6.04, cabling for any of the foregoing. Tenant shall be entitled to remove such Tenant Additions which at the time of their installation Landlord and Tenant agreed may be removed by Tenant. Tenant shall also remove such other Tenant Additions as required by LandlordPremises, including any Tenant Additions containing Hazardous Material. Tenant immediately Alterations (collectively, “Leasehold Improvements”) shall repair all damage resulting from removal of any of Tenant’s property, furnishings, Tenant’s Personal Property or Tenant Additions, shall close all floor, ceiling and roof openings and shall restore remain upon the Premises to a tenantable condition as reasonably determined by Landlord. If any at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant Additions which were installed by Tenant involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant shall also be obligated to return such surfaces to their condition at least 30 days prior to the commencement Termination Date, may require Tenant, at its expense, to remove (a) any Cable, and (b) any Tenant Additions that, in Landlord’s reasonable judgment, are of this Lease. Tenant shall also be required to close any staircases or other openings between floors. Notwithstanding any a nature that would require removal and repair costs that are materially in excess of the foregoing removal and repair costs associated with standard laboratory and office improvements (collectively referred to the contraryas “Required Removables”). Required Removables may include, if so requested by Tenant in writing (without limitation, internal stairways, raised floors, personal baths and prominently in all capital showers, vaults, rolling file systems and bold lettering which also states that such request is pursuant to Section 12.01 of the Lease) at the time Tenant requests approval of any Tenant Work or subsequent Tenant Alterations, Landlord structural alterations and modifications. The designated Required Removables shall advise Tenant at the time of Landlord’s approval of such Tenant Work or Tenant Alterations as to whether Landlord will require that such Tenant Work or Tenant Alterations be removed by Tenant from before the Premises; provided, however, regardless Termination Date. Tenant’s removal and disposal of items pursuant to this Section 12.1 must comply with the foregoing, Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in any eventa timely manner, Landlord may require removal of any Tenant Additions containing Hazardous Material and all perform such work at Tenant’s trade fixtures, and, subject to Section 6.03, cabling and wiring installed for Tenant’s personal property or trade fixturesexpense. In the event possession of the Premises is not delivered to Landlord when required hereunder, or if Tenant shall fail to remove those items described aboveabove after thirty (30) days’ written notice to Tenant, Landlord may (but shall not be obligated to), at Tenant’s expense, remove any of such property and store, sell or otherwise deal with such property as provided in Section 11.02(b), including the waiver and indemnity obligations provided in that Sectionproperty, and undertake, at Tenant’s expense, such restoration work to satisfy Tenant’s obligations regarding delivery of the Premises as Landlord deems necessary or advisablerequired in this Section. Notwithstanding anything in this Section 12.1 to the contrary, failure by Tenant to comply with the provisions of this Section 12.1 with respect to any Required Removables that are required to be removed from the Premises by Tenant hereunder shall constitute a failure of Tenant to validly surrender the Premises.
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