Common use of Lease Termination Clause in Contracts

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 3 contracts

Samples: Office Lease (Deja Foods Inc), Office Lease (Powersource Corp), Office Lease (Powersource Corp)

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Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items (“Abandoned Items”) or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Tenant agrees to indemnify Landlord for any and all loss, cost, damage, liability or expense as incurred (including but not limited to reasonable attorneys’ fees and legal costs) arising out of or related to any claim, suit or judgment brought by or in favor of any person or persons for damage, loss or expense which arises out of, is occasioned by or is in any way attributable to the Abandoned Items. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's ’s written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's ’s cost, to remove such Alteration at the end of the Lease Term.

Appears in 3 contracts

Samples: Office Lease (Derycz Scientific Inc), Office Lease (Barfresh Food Group Inc.), Office Lease (Cherokee Inc)

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, Premises (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 2 contracts

Samples: Acceptance Letter     Office Lease (Treaty Oak Bancorp Inc), Acceptance Letter     Office Lease (Treaty Oak Bancorp Inc)

Lease Termination. Except as provided in this Section 9.04, upon At the expiration or earlier early termination of this Lease Lease, Tenant shall surrender the Premises to Landlord in the same condition as existed on the date required by this Lease. Prior to surrender: (a) Tenant first occupied the Premisesshall remove all Alterations, (whether Tenant Improvements and cabling designated by Landlord to be removed pursuant to this Lease the following paragraph and shall restore the Premises and the Building to the condition existing immediately prior to the installation of such Alterations, Tenant Improvements or an earlier lease)cabling; (b) Tenant shall remove all personal property and trade fixtures from the Premises and all of its signs from the Building; and (c) Tenant shall repair all damage caused by the installation or removal of any such Alterations, Tenant Improvements, cabling, personal property, signage or trade fixtures. Tenant shall deliver the Premises to Landlord broom clean and in good condition, subject to reasonable wear and teartear (consistent with Tenant’s repair and maintenance obligations under this Lease) and damage by casualty that is not required to be repaired by Tenant pursuant to this Lease. All If Tenant’s cover letter requesting Landlord’s approval of Alterations or Tenant Improvements includes a conspicuous written request (using all bold font or all capital letters) that Landlord determine which elements of the proposed Alterations or Tenant Improvements will be subject to removal and restoration, Landlord’s notice of approval will identify which portions of the approved Alterations or Tenant Improvements are subject to removal and restoration on the termination of this Lease (“Required Restoration Items”) provided that Required Restoration Items may only include items that are not consistent with a customary class A office build out. Provided that Tenant constructs Tenant Improvements consistent with the plans reviewed by Landlord prior to Lease execution, with regard to the initial Tenant Improvements, Tenant’s restoration obligation shall become a part consist of the following: (i) removal of all cabling (except as provided below), equipment (including supplementary cooling and environmental control equipment), cabinetry and partitions comprising the research and development lab and quality assurance testing area, and (ii) removal of the interior stairway in the Premises and replacing the floor slab in the stairway opening. Tenant shall become the property of Landlord upon the expiration leave all such areas in broom clean condition, but shall not be obligated to repaint, replace finish materials, reconfigure partitions, or earlier termination of this Lease, unless Landlord shall, by written notice given reconfigure MEPT systems. With respect to Tenant, require any other Tenant to remove some Improvements or all of Tenant's Alterations, Required Restoration Items may also include any cafeteria, any data center or server rooms that are larger than those customarily located within general office space in which event Tenant shall promptly remove a class A downtown office building, high density storage areas, locker rooms, tenant stairs and associated openings, and fitness centers and the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned areas impacted by Tenant or installed by Tenant at its expense in the Premises such removal shall be and remain restored to a condition consistent with an open floor plan office. Landlord may at any time waive the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails duty to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Required Restoration Items in which case Tenant shall pay leave the Required Restoration Items in place at surrender. Any Alterations made without Landlord the cost thereof upon demandapproval are deemed to be Required Restoration Items. Notwithstanding the foregoing foregoing, Tenant shall have no obligation to remove cabling, to the contraryextent if removal would not be practical without removing wallboard or other permanent improvements, except that any cabling in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Termceiling area or other areas required by code must be removed.

Appears in 2 contracts

Samples: Office Lease (Impinj Inc), Office Lease (Impinj Inc)

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's ’s written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's ’s cost, to remove such Alteration at the end of the Lease Term.

Appears in 2 contracts

Samples: Lease Agreement (RigNet, Inc.), Office Lease (All American Pet Company, Inc.)

Lease Termination. Except If this Lease is terminated by Landlord, Landlord shall be entitled to recover from Tenant all Rent accrued and unpaid for the period up to and including such termination date, as provided in this Section 9.04well as all other additional sums payable by Tenant, upon expiration or earlier termination for which Tenant is liable or for which Tenant has agreed to indemnify Landlord under any of the provisions of this Lease Tenant shall surrender the Premises to Lease, which may be then owing and unpaid, and all costs and expenses, including without limitation court costs and attorneys’ fees incurred by Landlord in the same condition enforcement of its rights and remedies hereunder, and, in addition, Landlord shall be entitled to recover as existed on damages for loss of the date bargain and not as a penalty (i) the unamortized portion of any concessions offered by Landlord to Tenant first occupied in connection with this Lease, including without limitation Landlord’s contribution to the Premisescost of tenant improvements and alterations, (whether if any, installed by either Landlord or Tenant pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of any work letter in connection with this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in (ii) the aggregate sum which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of such termination represents the giving excess, if any, of such consent whether Landlord will require Tenantthe present value of the aggregate rents which would have been payable after the termination date had this Lease not been terminated, at Tenant's costincluding, to remove such Alteration without limitation, Base Rent at the end annual rate or respective annual rates for the remainder of the Term provided for in this Lease and the amount projected by Landlord to represent Additional Rent for the remainder of the Term over the then present value of the then aggregate fair rent value of the Premises for the balance of the Term, such present worth to be computed in each case on the basis of a ten percent (10%) per annum discount from the respective dates upon which such Rents would have been payable hereunder had this Lease not been terminated, and (iii) any damages in addition thereto, including without limitation reasonable attorneys’ fees and court costs, which Landlord sustains as a result of the breach of any of the covenants of this Lease other than for the payment of Rent.

Appears in 2 contracts

Samples: Office Lease Agreement (Diamondback Energy Services, Inc.), Office Lease Agreement (Great White Energy Services, Inc.)

Lease Termination. Except as provided in this Section 9.04, upon Upon expiration or earlier termination of this Lease Lease, or any renewal or extension hereof, Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease)when received, subject to reasonable wear and tear. All Alterations alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this LeaseLandlord, unless Landlord shallshall have, by written notice given to TenantTenant at the time Landlord consented to the alterations, require required Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All Provided that Tenant shall not be in default under this Lease, all business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; Tenant upon the expiration or earlier termination of this Lease, . Tenant shall, shall at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the this Lease, Landlord may, but need not, do so with no liability to Tenantso, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 2 contracts

Samples: Lease, Lease

Lease Termination. Except as provided in this Section 9.04herein, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, Premises (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this LeaseArticle IX, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's ’s written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's ’s cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Daily Journal Corp)

Lease Termination. Except as provided in this Section 9.049.4, upon ----------------- expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of of-Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 9.1 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Leaselease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Retail Lease (Nara Bancorp Inc)

Lease Termination. Except as provided in this Section 9.04herein, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition Condition Acceptable for Surrender as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease)defined in Section 3.3, subject to reasonable wear and tear, damage by casualty, condemnation and Landlord’s repair obligations. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to TenantTenant at the time of the granting of its consent thereto, require Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the reasonable cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: SunEdison Semiconductor LTD

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease)when received, subject to reasonable wear and teartear and further subject to all Alterations approved in writing by Landlord pursuant to Section 9.01, damage by fire or other casualty not caused by Tenant or its officers, employees, agents, representatives and contractors, and loss due to condemnation. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned owned; by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord is required to and gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Chemconnect Inc)

Lease Termination. Except as provided in this Section 9.04herein, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, Premises (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; , upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this LeaseArticle IX, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Chemconnect Inc)

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and teartear and casualty. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's the Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building Property caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the reasonable cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Green Earth Technologies Inc)

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear, and shall surrender all keys, any key cards, and any parking stickers or cards, to Landlord, and advise Landlord as to the combination of any locks or vaults then remaining in the Premises. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant at the time of Landlord’s consent to such Alterations or within thirty (30) days of Landlord’s receipt of Tenant’s notice to Landlord of Alterations not requiring Landlord’s consent as provided in such 9.01 above, require Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly promptly, upon termination of the Lease Term, remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All Notwithstanding anything to the contrary herein, all business and trade fixtures, machinery and equipment, ATMs, furniture, movable partitions partitions, signs or other items identifying Tenant’s business or Tenant’s proprietary marks on the Premises and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shallshall have the obligation, at its sole expense, to remove all such items and (excluding the vault, which shall remain on the Premises), provided Tenant shall promptly repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any items Tenant is required to remove under the terms of this Section 9.04 or to repair damage caused by such items or repair such damage removal promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Landlord shall in no event be responsible for the value, preservation or safekeeping of any property removed from the Premises by Landlord pursuant to any provisions of this Lease or any law. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's ’s written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's ’s cost, to remove such Alteration at the end of the Lease Term. Landlord hereby waives any security interest in Tenant’s removable partitions, vault, ATMs or other business or trade fixtures, furnishings, facsimile machinery, equipment, communication equipment or other business property of Tenant’s located in the Premises and acquired by or for the accounting of Tenant, to secure the payment of Rent, under this Lease or any other obligations of Tenant.

Appears in 1 contract

Samples: Office Lease (Placer Sierra Bancshares)

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or of the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Deja Foods Inc)

Lease Termination. Except as provided in this Section 9.04If there is a Substantial or Full Casualty of the Premises prior to the last 18 months of the then current Term, upon expiration and Tenant will not be re-occupying the Premises following such Substantial or earlier termination of Full Casualty Restoration, then Tenant may elect to terminate this Lease by delivering notice of such election to Landlord within 90 days after the Casualty ("Casualty Termination Notice"). The Casualty Termination Notice shall include an offer by Tenant shall surrender to purchase the Premises from Landlord for the greater of (i) the original purchase price paid by Landlord for the Premises plus any Allowance (Section 24.8.2) disbursed by Landlord pursuant to this Lease; or (ii) the Fair Market Value of the Premises. Within 60 days from Landlord's receipt of the Casualty Termination Notice, Landlord in the same condition as existed on the date will notify Tenant first occupied whether it will accept or reject Tenant's offer to purchase the Premises, with Landlord's silence deemed rejection. If Landlord accepts Tenant's offer to purchase, then notwithstanding Section 10.5 below, Tenant shall be entitled to all Insurance Proceeds, and such purchase shall close on the later of (whether pursuant i) 10 business days after Tenant's receipt of all Insurance Proceeds; or (ii) 30 days after Tenant's receipt of Landlord's acceptance of such offer. If Landlord rejects, or is deemed to this have rejected, Tenant's offer to purchase, then the Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part will be deemed terminated effective as of the Premises and shall become date of Landlord's rejection, with Landlord retaining the property of Landlord upon the expiration or earlier termination of this LeaseInsurance Proceeds. In such event, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair also be liable to pay Landlord any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage applicable deductibles on insurance policies relating to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to TenantCasualty Restoration, and Tenant shall pay such deductible amount to Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time within 30 days of the giving date of such consent whether Landlord will require Tenant, at TenantLandlord's cost, to remove such Alteration at rejection and the end of the Lease TermLease's termination date.

Appears in 1 contract

Samples: Lease (Zymogenetics Inc)

Lease Termination. Except as provided in this Section 9.049.4, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied completion of the Premises3rd Floor North Work and the 3rd Floor South Work, (whether pursuant to this Lease or an earlier lease)as applicable, subject to reasonable wear and tear, casualty, condemnation, Hazardous Materials (other than those released or emitted by Tenant), and alterations or other interior improvements which it is permitted to surrender at the termination of this Lease. In no event shall Tenant be required to remove Landlord’s Work. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to TenantTenant at the time Landlord consents to such Alterations, require Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly remove the designated Alterations at the end of the Lease Term and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 9.1 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, agrees to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's ’s cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Omniture, Inc.)

Lease Termination. Except as provided in this Section 9.04elsewhere herein, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease)when received, subject to reasonable wear and tear. All Alterations Work shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's AlterationsWork, in which event Tenant shall promptly remove the designated Alterations Work and shall promptly repair any resulting damage, all at Tenant's sole expenseexpense and in accordance with this Section. However, Tenant may request in writing, at the time it requests Landlord's approval of the work, that Landlord provide a written determination as to the removal of any of the Work. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, . Tenant shall, at its sole expense, expense remove all such items and repair any damage to the Premises or the Building Property caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Lease Landlord may, may but need not, not do so with no liability to Tenant, Tenant and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Letter Agreement (N2h2 Inc)

Lease Termination. Except as provided in this Section 9.04section, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease)when received, subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier sooner termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier sooner termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease Agreement (Mypoints Com Inc)

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items (“Abandoned Items”) or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon written demand, including such support documents as are reasonably required by Tenant. Tenant agrees to indemnify Landlord for any and all loss, cost, damage, liability or expense as incurred (including but not limited to reasonable out of pocket attorneys’ fees and legal costs) arising out of or related to any claim, suit or judgment brought by or in favor of any person or persons for damage, loss or expense which arises out of, is occasioned by or is in any way attributable to the Abandoned Items. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's ’s written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's ’s cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Wilshire Bancorp Inc)

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations installed by Tenant and/or which have been paid for by Landlord shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items (“Abandoned Items”) or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Tenant agrees to indemnify Landlord for any and all loss, cost, damage, liability or expense as incurred (including but not limited to reasonable attorneys’ fees and legal costs) arising out of or related to any claim, suit or judgment brought by or in favor of any person or persons for damage, loss or expense which arises out of, is occasioned by or is in any way attributable to the Abandoned Items. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's ’s written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's ’s cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Wilshire Bancorp Inc)

Lease Termination. Except If Landlord terminates this Lease, Landlord may recover from Tenant the sum of: all Base Rent and all other amounts accrued hereunder to the date of such termination; the cost of reletting the whole or any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord, and costs of removing and storing Tenant’s or any other occupant’s property, repairing, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant or tenants, and all reasonable expenses incurred by Landlord in pursuing its remedies, including reasonable attorneys’ fees and court costs; and the excess of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as provided in this Section 9.04, upon expiration or earlier would otherwise have been required to be paid by Tenant to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated in this Lease, over the present value of any net amounts which Tenant establishes Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration the availability of acceptable tenants and other market conditions then affecting leasing. Such present values shall surrender be calculated at a discount rate equal to the 90-day U.S. Treasury bxxx rate at the date of such termination. Landlord agrees to use reasonable efforts to mitigate its damages. Landlord will have satisfied the duty to mitigate and will have used objectively reasonable efforts to relet the Premises if, within 45 days of the abandonment of the Premises by Tenant (or removal of Tenant from the Premises) Landlord (1) places a “for lease” sign at the Premises; (2) places the Premises on Landlord’s inventory of available space; (3) makes Landlord’s inventory available to area brokers; and (4) shows the Premises to prospective tenants who request to see it. Landlord’s efforts to mitigate shall not be required to exceed such efforts as Landlord in the same condition as existed on the date generally uses to lease other space owned by Landlord and available for rent. Landlord shall not be required to take any instruction or advice given by Tenant first occupied regarding reletting the Premises, (whether pursuant and Landlord shall not be required to this Lease or an earlier lease), subject accept any substitute tenant who does not lease the entire Premises upon terms and conditions satisfactory to Landlord in its reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Termdiscretion.

Appears in 1 contract

Samples: Lease Agreement (Powell Industries Inc)

Lease Termination. Except Landlord and Tenant hereby agree to terminate the Lease as provided of 11:59 p.m. on January 15, 2017 (the “Termination Date”) so long as the Termination Conditions (defined in this Section 9.046 below) are either fully satisfied in Landlord’s sole judgment or are waived in writing by Landlord; provided, upon expiration or earlier termination of this Lease however, that Tenant shall have the option to accelerate or extend the Termination Date by providing written notice of the same no later than forty-five (45) days prior to the actual Termination Date, which date may be as early as January 1, 2017 and as late as March 31, 2017 (“Tenant’s Notice”). Upon timely and proper delivery of the Tenant’s Notice in compliance with this Agreement, the date set forth in Tenant’s Notice shall be deemed the actual Termination Date for all purposes hereunder. On or before the Termination Date, Tenant shall vacate and surrender possession of the Premises to Landlord in the same condition as existed on required by the Lease and this Agreement. From and after the date Tenant first occupied on which (i) the PremisesLease is terminated in accordance with the provisions of this Agreement, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear ii) Tenant actually and tear. All Alterations shall become a part of completely vacates and surrenders the Premises and shall become to Landlord in accordance with the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination terms of the Lease, and (iii) all of the Termination Conditions have been satisfied, in Landlord’s sole judgment, or are waived in writing by Landlord, Tenant and Landlord mayshall have no further rights, but need notobligations or claims with respect to each other arising from the Lease, do so with no liability to Tenantexcept for those obligations of Landlord and Tenant under the Lease and this Agreement which expressly survive and continue after the termination or expiration of the Lease. Tenant and Landlord hereby acknowledge and agree that certain obligations of Tenant and Landlord survive the termination or expiration of the Lease, and the parties further agree that it is the intention of Tenant shall pay and Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions this Agreement not affect such ongoing obligations of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Termand Landlord.

Appears in 1 contract

Samples: Lease Termination Agreement (Twilio Inc)

Lease Termination. Except as provided in this Section 9.04herein, upon expiration or ----------------- earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, Premises (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and teartear and Article XI and XII hereof regarding casualty and condemnation. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this LeaseArticle IX, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

Lease Termination. Except as provided in this Section 9.04Sec­tion 10.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease)when received, subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniturefurni­ture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Echo Therapeutics, Inc.)

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Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease)when received, subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.(See Insert 9.04 on Page 9A.)

Appears in 1 contract

Samples: Office Lease (Galileo International Inc)

Lease Termination. Except as provided in this Section 9.04herein, upon expiration or ----------------- earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date 105 Tenant first occupied the Premises, Premises (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by notified Tenant at the time Landlord consented to Tenant's Alteration (as further provided below) that it would require Tenant to remove such Alteration at the end of the Lease Term and Landlord provides Tenant with written notice given to Tenant, require requiring Tenant to remove some or all of Tenant's Alterations, Alterations in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this LeaseArticle IX, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to will notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at the Tenant's cost, to remove such Alteration at the end of the Lease Term.. The parties agree that Tenant shall not be obligated to remove any Alteration in the Premises that existed prior to the Commencement Date, or that was constructed as part of the Work provided in Exhibit "B."

Appears in 1 contract

Samples: Office Lease (Bre Properties Inc /Md/)

Lease Termination. Except as provided in this Section 9.04herein, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, Premises (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agreesforegoing, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end expiration or earlier termination of the Lease Term, Tenant shall not be required to remove from the Premises any of the improvements existing in the Premises as of the Commencement Date and the Landlord Work described on the plans and specifications attached to this Lease as Exhibit B-1.

Appears in 1 contract

Samples: Office Lease (Guidance Software, Inc.)

Lease Termination. Except as provided in this Section 9.04, upon At the expiration or earlier early termination of this Lease Tenant Lease, Lessee shall surrender the Premises to Landlord Lessor in the same condition as existed on required by this Lease. Prior to surrender: (a) Lessee shall remove all Alterations and Tenant Improvements constructed by Lessee and designated by Lessor to be removed and shall restore the date Premises and the Building to the condition existing immediately prior to the installation of such Alterations and Tenant first occupied Improvements; (b) Lessee shall remove all personal property and trade fixtures from the PremisesPremises and all of its signs from the Building; and (c) Lessee shall repair all damage caused by the installation or removal of any such Alterations, (whether pursuant Tenant Improvements, personal property, signage or trade fixtures. Lessee shall deliver the Premises to this Lease or an earlier lease), Lessor in “clean and in good condition,” subject to reasonable wear and teartear (consistent with Lessee’s repair and maintenance obligations under this Lease) and damage by casualty that is not required to be repaired by Lessee pursuant to this Lease. All Alterations shall become a part of Clean and good condition, for the Premises and shall become the property of Landlord upon the expiration or earlier termination purposes of this LeaseLease shall include the following: the floor to be mopped clean, unless Landlord shallwindows cleaned inside and out, by written notice given broken, cracked, or missing windows repaired or replaced; all light fixtures and bulbs in operating conditions; walls are clean and free of stains, holes or other markings on wall and floors as a result of business operations are repaired; all doors are in good mechanical operating condition, carpets are cleaned; fencing is in good condition; and water fixtures and valves are leak free and operable. Electrical outlets and breaker boxes shall have appropriate covers/lids. Lessee shall be responsible for ensuring the building is surrendered to Tenant, require Tenant the Lessor in a state of condition that does not present a safety hazard. Lessee has no obligation to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair restore any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.improvements referenced on Exhibit D.

Appears in 1 contract

Samples: Sublease Agreement (Atlas Crest Investment Corp.)

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and teartear and damage by casualty or condemnation. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Kanbay International Inc)

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease)when received, subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Lease (Vartech Systems Inc)

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Retail Lease (Nara Bancorp Inc)

Lease Termination. Except as provided in this Section 9.04Subject to Paragraph 4 , upon expiration or earlier Landlord and Tenant each acknowledges and agrees that the Lease and all of the Parties' right, title and interest under the Lease and any estate created thereby shall be deemed terminated effective on the Termination Date; provided, however, that the following obligations of the Tenant and/or Landlord shall not be released and shall survive termination of this Lease Tenant shall surrender the Lease: (i) Tenant's obligation to return the Premises in good operating condition and state of repair, ordinary wear and tear excepted; (ii) Tenant's obligations under Paragraphs 6.2(c) and 6.2(d) of the Lease (hazardous substances); (iii) Tenant's obligations under Paragraph 8.7 of the Lease which arise on or prior to Landlord in the same condition as existed on the date Tenant first occupied the PremisesTermination Date (personal injury claims), (whether pursuant iv) Tenant's obligation to this pay the rent, expenses, real estate taxes, triple net charges and other amounts due from Tenant under the Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part thru the Termination Date; (v) Tenant's payment of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Lease Termination Fee (as defined below); (vi) Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and obligation to repair any damage to the Premises or the Building caused causes by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination Tenant's removal of Trade Fixtures and Lessee Owned Alterations; (vii) Landlord's obligations under Paragraph 6.2(e) of the LeaseLease (preexisting environmental conditions); and (viii) Landlord's obligations under Paragraph 58 of the Addendum to the Lease (Landlord's negligence or willful misconduct). Until the Lease Termination Date, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord continue to perform their respective duties and obligations under the cost thereof upon demandLease. Notwithstanding Nothing herein waives or releases any of the foregoing to the contrary, Landlord's rights and remedies in the event that Landlord gives its consent, pursuant of any default of Tenant under the Lease arising prior to the provisions Lease Termination Date. Real estate taxes shall be prorated up through and including the Termination Date so that any taxes paid by the Tenant that cover a period of Section 9.01 of this Lease, time following the Termination Date shall be refunded back to allow the Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of or applied against the Lease TermTermination Fee.

Appears in 1 contract

Samples: Lease Termination Agreement (Quantum Fuel Systems Technologies Worldwide Inc)

Lease Termination. Except as provided in this Section 9.04section, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease)when received, subject to reasonable wear and tear. All Except as otherwise provided in Paragraph 8.1, all Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier sooner termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier sooner termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Option Agreement (Agritope Inc)

Lease Termination. Except as provided in this Section 9.049.4, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied completion of the Premises, (whether pursuant to this Lease or an earlier lease)Work, subject to reasonable wear and tear, casualty, condemnation, Hazardous Materials (other than those released or emitted by Tenant), and alterations or other interior improvements which it is permitted to surrender at the termination of this Lease. In no event shall Tenant be required to remove Landlord’s Work (as defined in the Work Letter). All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to TenantTenant at the time Landlord consents to such Alterations, require Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly remove the designated Alterations at the end of the Lease Term and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 9.1 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, agrees to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's ’s cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Splunk Inc)

Lease Termination. Except as provided in this Section 9.04If there is a Substantial or Full Casualty of the Premises prior to the last 18 months of the then current Term, upon expiration and Tenant will not be re-occupying the Premises following such Substantial or earlier termination of Full Casualty Restoration, then Tenant may elect to terminate this Lease by delivering notice of such election to Landlord within 90 days after the Casualty ("Casualty Termination Notice"). The Casualty Termination Notice shall include an offer by Tenant shall surrender to purchase the Premises from Landlord for the greater of (i) the original purchase price paid by Landlord for the Premises; or (ii) the Fair Market Value of the Premises. Within 60 days from Landlord's receipt of the Casualty Termination Notice, Landlord will notify Tenant whether it will accept or reject Tenant's offer to Landlord in the same condition as existed on the date Tenant first occupied purchase the Premises, with Landlord's silence deemed rejection. If Landlord accepts Tenant's offer to purchase, then notwithstanding Section 10.5 below, Tenant shall be entitled to all Insurance Proceeds, and such purchase shall close on the later of (whether pursuant i) 10 business days after Tenant's receipt of all Insurance Proceeds; or (ii) 30 days after Tenant's receipt of Landlord's acceptance of such offer. If Landlord rejects, or is deemed to this have rejected, Tenant's offer to purchase, then the Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part will be deemed terminated effective as of the Premises and shall become date of Landlord's rejection, with Landlord retaining the property of Landlord upon the expiration or earlier termination of this LeaseInsurance Proceeds. In such event, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair also be liable to pay Landlord any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage applicable deductibles on insurance policies relating to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to TenantCasualty Restoration, and Tenant shall pay such deductible amount to Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time within 30 days of the giving date of such consent whether Landlord will require Tenant, at TenantLandlord's cost, to remove such Alteration at rejection and the end of the Lease TermLease's termination date.

Appears in 1 contract

Samples: Lease (Zymogenetics Inc)

Lease Termination. Except as provided in this Section 9.049.4, upon expiration or earlier termination of this Lease Tenant Sublease Subtenant shall surrender the Sublease Premises to Landlord Sublandlord vacant, broom clean and in the same good order, condition as existed on the date Tenant first occupied the Premisesand repair, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear, damage by casualty or condemnation, and Sublandlord’s obligations or other conditions that Subtenant is not responsible for under this Sublease excepted. All Alterations shall become a part of the Sublease Premises and shall become the property of Landlord Sublandlord upon the expiration or earlier termination of this LeaseSublease without compensation to Subtenant, unless Landlord Sublandlord shall, by written notice given to TenantSubtenant in accordance with the provisions of Article 21 not less than sixty (60) days prior to the expiration or other termination of this Sublease or any renewal or extension hereof, require Tenant Subtenant to remove some or all of Tenant's the Alterations that constitute Specialty Alterations. Notwithstanding the foregoing, at the time Sublandlord approves plans and specifications for Alterations proposed by Subtenant, Sublandlord shall notify Subtenant which of the proposed Alterations, if any, are Specialty Alterations which may be required by Sublandlord to be removed by Subtenant at the expiration or earlier termination of this Sublease. The above notwithstanding, Sublandlord acknowledges that no improvements existing in the Sublease Premises as of the date hereof shall be deemed Specialty Alterations. “Specialty Alterations” shall mean Alterations performed by or on behalf of Subtenant that (i) perforate a floor slab in the Sublease Premises or a wall that encloses the core of the Building, (ii) require the reinforcement of a floor slab in the Sublease Premises, (iii) consist of the installation of a raised flooring system, (iv) consist of the installation of a vault or other similar device or system that is intended to secure the Sublease Premises or a portion thereof in a manner that exceeds the level of security that a reasonable person uses for ordinary office space, (v) involve material plumbing connections (such as kitchens and executive bathrooms outside of the Building core), or (vi) do not include the existing conditions at the Sublease Premises, but thereafter, will include specialized interior improvements and additions which are not customarily part of a standard office building fit-up. Notwithstanding anything contained herein to the contrary, Sublandlord shall not be responsible to insure, maintain, repair or replace any of Subtenant’s Insured Property or any Specialty Alterations, all of which shall be insured, maintained, repaired and/or replaced, as the case may be, solely by and at the expense of Subtenant. In the event Tenant that Sublandlord shall promptly so require Subtenant to remove the designated any Specialty Alterations, then such Specialty Alterations shall be removed by Subtenant, and Subtenant shall promptly repair any resulting damagedamage to the Sublease Premises caused by such removal, all at Tenant's sole its own cost and expense, at or prior to the expiration of the Sublease Term. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant Subtenant or installed by Tenant Subtenant at its expense in the Sublease Premises shall be and remain the property of TenantSubtenant; upon the expiration or earlier termination of this LeaseSublease, Tenant Subtenant shall, at its sole expense, remove all such items and repair any damage to the Sublease Premises or the Building Property caused by such removal. If Tenant Subtenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Leasethis Sublease, Landlord Sublandlord may, but need not, do so with no liability to TenantSubtenant, and Tenant Subtenant shall pay Landlord Sublandlord the reasonable documented out of pocket cost thereof upon demandwithin thirty (30) days after the rendition of a xxxx to Subtenant therefor. Notwithstanding the foregoing foregoing, upon the expiration of the Sublease Term, Subtenant shall have the right, but not the obligation, to purchase from Sublandlord for the contrarysum of $1.00 and remove the Existing Furniture; provided, however, that such right shall be void and of no further force or effect if Subtenant is in default under this Sublease beyond applicable notice and/or cure periods. If Subtenant elects to take title to such Existing Furniture in accordance herewith, Sublandlord shall prepare, execute and deliver a xxxx of sale transferring title thereto to Subtenant. Any Existing Furniture not purchased by Subtenant, or unable to be purchased by Subtenant, shall remain in the event that Landlord gives its consent, pursuant to Sublease Premises upon expiration or the provisions of Section 9.01 earlier termination of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease TermSublease.

Appears in 1 contract

Samples: Sublease Agreement (Sema4 Holdings Corp.)

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, Premises (whether pursuant to this Lease or an earlier leaseLease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises Unless otherwise agreed in writing by Landlord and shall become the property of Landlord upon Tenant prior to the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require upon the expiration or earlier termination of this Lease Tenant to shall remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such Alterations, items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing foregoing, Tenant shall have no obligation to remove from the contrary, Premises any Work constructed or installed in the event that Landlord gives its consent, Premises pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease TermWork Letter Agreement attached hereto as Exhibit "B".

Appears in 1 contract

Samples: Office Lease (Electronic Arts Inc)

Lease Termination. Except as provided in this Section 9.04, upon ------------------ expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Additionally, immediately prior to the expiration of the Term, Tenant shall have the right, at its sole cost and expense, to remove other nonstructural Alterations, installed by Tenant at its expense in the Premises. In such event, Tenant shall repair any damage to the Premises or the Building caused by such removal. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Igate Capital Corp)

Lease Termination. Except Landlord and Tenant hereby agree to terminate the Lease as provided of the Termination Date (as that term is defined in this Section 9.043), upon expiration or earlier termination and as of this the Effective Date the Lease Expiration Date shall mean and refer to the Termination Date. The “Termination Date” shall mean the date that Tenant shall surrender has vacated and surrendered possession of the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part required for Tenant’s surrender of the Premises and shall become at the property end of Landlord upon the expiration or earlier termination Term in accordance with the terms of this Section 3.5 of the Lease, unless Landlord shall, by written notice given to Tenant, require excepting therefrom that Tenant shall have no duty to remove some or all Tenant’s Wiring (as that term is defined in Section 6.6(b) of Tenant's Alterationsthe Lease) (the “Surrender Condition”); provided, in which event however, the Termination Date shall be no earlier than October 1, 2015 and no later than February 1, 2016 (the “Outside Termination Date”). Tenant shall promptly remove vacate and surrender possession of the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense Premises to Landlord in the Premises shall be Surrender Condition within the period that is on or following October 1, 2015 and remain on or before the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removalOutside Termination Date. If Tenant fails to remove vacate and surrender the Premises in the Surrender Condition on or before the Outside Termination Date, the Termination Date shall be deemed to occur on the Outside Termination Date, and any failure by Tenant to vacate and surrender the Premises by midnight February 1, 2016 or prior to such items or repair such damage promptly after the expiration or earlier termination Outside Termination Date shall constitute a Holdover (as that term is defined in Section 3.4 of the Lease) without Landlord’s consent, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to be a tenant at sufferance and the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end 3.4 of the Lease Termshall apply. Tenant shall use reasonable efforts to deliver written notice to Landlord ninety (90) days in advance of the date by which Tenant anticipates surrendering the Premises to Landlord or Landlord’s authorized property manager in the Surrender Condition; provided, however, nothing in the foregoing shall be interpreted to prevent Tenant from vacating and surrendering the Premises at any time after October 1, 2015, on or before the Outside Termination Date. In no event shall the Outside Termination Date be extended due to Force Majeure.

Appears in 1 contract

Samples: Lease Termination Agreement (Box Inc)

Lease Termination. Except as provided in this Section 9.04The Parties agree, the following provisions shall be inserted into the Lease: The Lease shall terminate, upon expiration the occurrence of any of the following: (i) any change or earlier termination revocation of this Lease Tenant State or local law, which shall surrender have the Premises to Landlord in effect of prohibiting the same condition as existed legal operation of the Medical or Recreational Marijuana Cultivation and Production Facility on the date Tenant first occupied the Premises, following any period of contest or appeal of such change or revocation; (whether pursuant ii) Marijuana Enforcement Division’s (the “MED”) refusal to this Lease or approve an earlier lease)application to renew the Dispensary License, subject to reasonable wear and tear. All Alterations shall become a part through no fault of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Medical Marijuana License Holder. Guarantee: Simultaneously with Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination ’s execution of the Lease, the parties agree to work in good faith to determine the most appropriate framework for a Lease Guarantee whereby the Guarantor(s) shall execute and deliver to Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consenta Guarantee, pursuant to which Guarantors will, unconditionally guarantee payment and performance pursuant to the provisions of Section 9.01 of this Lease, as it relates to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time repayment of the giving of such consent whether Landlord will require TenantTenant Improvement Costs (the “Guarantee”), at Tenant's costthe Guarantee shall not extend to the terms, to remove such Alteration at the end obligations and provisions of the Lease Termwhich are unrelated to the Tenant Improvement Costs. Upon Tenant’s complete repayment of the Tenant Improvement Costs Landlord agrees upon Tenant’s complete repayment of the Tenant Improvement Costs, Landlord shall terminate the Guarantee and release Guarantors from any future obligations under as it relates to repayment of the Tenant Improvement Costs. The parties shall mutually agree, execute and deliver a complete Guaranty Agreement, which shall be attached as an exhibit to the Lease.

Appears in 1 contract

Samples: Zoned Properties, Inc.

Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, Premises (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's ’s Alterations, in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's ’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant's ’s written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's ’s cost, to remove such Alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Treaty Oak Bancorp Inc)

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